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The proposed changes to rule 205 helps decrease existing conflicts among standards. The current rule is more
restrictive than the Federal Seed Act. The proposed rule brings Michigan closer to the Federal Seed Act’s less
restrictive standards. The proposed changes do not conflict or exceed national AOSCA standards.
As currently written, rules 214 and 215 exceed the federal standard set in 7 C.F.R. § 201.76 (2020) because rule 214
requires that inbred increase fields be isolated by not less than 825 feet from other corn of like color or texture, and
rule 215 requires single crossing fields be isolated by not less than 825 feet from other corn of like color or texture.
The federal standard listed in 7 C.F.R. § 201.76 is 660 feet. The proposed rules will set a less restrictive standard and
align Michigan with the national standards, the AOSCA, and various other states.
2. Compare the proposed rules to standards in similarly situated states, based on geographic location, topography,
natural resources, commonalities, or economic similarities.
Proposed rule 205 brings Michigan directly in line with South Dakota, a large producer of small grains. South
Dakota’s Crop Improvement Association’s manual recognizes “inseparable other crop seed,” which include “crop
plants, the seed of which cannot be thoroughly removed by the usual methods of cleaning” and crop plants existing in
areas with climatic conditions that do not take care of winter grain in spring grains and vice versa. The South Dakota
manual does not apply other small grain crop maximum seed standards “to seeds of winter grains in spring grains and
vice versa, except in such cases where climatic conditions do not take care of the situation.” The current rule 205 does
not exempt inseparable other crop seeds from the seed standards for small grain seeds. The proposed language would
adopt a standard for winter crops in spring crops and vice versa. Like South Dakota, the proposed rule will provide an
exception in cases where climatic conditions do not take care of the situation.
The current rules 214 and 215 are more restrictive than the standards of nearby states, Ohio, Iowa, and Illinois. The
Ohio Crop Improvement Association provides that foundation single cross corn production shall be isolated by not
less than 660 feet from other kinds of corn and an increase field of an inbred line shall be isolated by not less than 660
feet from other kinds of corn. The Illinois Crop Improvement Association provides that inbred lines shall be increased
in a plot isolated at least 660 feet from all other corn, and all portions of foundation production fields shall be no less
than 660 feet from all other corn. The Iowa Crop Improvement Association provides that a foundation single cross
must be isolated at least 660 feet from other corn, and an inbred must be isolated not less than 660 feet from other
corn. The proposed language for rules 214 and 215 would align Michigan standards with the standards of the Ohio
Crop Improvement Association, Illinois Crop Improvement Association, and Iowa Crop Improvement Association,
which is a close cooperator of the Michigan Crop Improvement Association.
A. If the rules exceed standards in those states, please explain why and specify the costs and benefits arising out of
the deviation.
The proposed rule 205 would align Michigan’s standards with South Dakota’s. The proposed rules 214 and 215 would
align Michigan’s seed standard with several other states, including Ohio, Illinois, and Iowa.
3. Identify any laws, rules, and other legal requirements that may duplicate, overlap, or conflict with the proposed
rules.
The proposed rules do not duplicate, overlap, or conflict with existing laws, rules, or other legal requirements. The
proposed changes help decrease already existing conflict. Michigan’s current standards are out of line with the Federal
Seed Act, AOSCA, and standards set forth in other states. Amending the rules with the proposed language would align
Michigan with other standards.
A. Explain how the rules have been coordinated, to the extent practicable, with other federal, state, and local laws
applicable to the same activity or subject matter. This section should include a discussion of the efforts undertaken
by the agency to avoid or minimize duplication.
The AOSCA, Federal Seed Act, and surrounding states have set the current standards these rules aim to adopt. These
regulations are well established. There can be no duplication of local laws since only the department of agriculture
and rural development has the authority to promulgate rules for seed certification.
4. If MCL 24.232(8) applies and the proposed rules are more stringent than the applicable federally mandated
standard, provide a statement of specific facts that establish the clear and convincing need to adopt the more
stringent rules.
The federal standard for isolation of foundation and inbred corn lines is 660 feet. The proposed rule would set
Michigan’s standards at 660 feet and would bring Michigan into alignment with the federal standard.
MCL 24.245(3)