Seeds & Planting Stock
Summary
Complying with the USDA’s requirements for seeds and planting stock may seem complex at first glance, but it boils down to prioritizing certified organic materials whenever possible while keeping clear records of your efforts when exceptions are necessary. By developing a strong sourcing plan, avoiding prohibited substances, documenting every step of the process in your OSP, and committing to continuous improvement over time, you’ll position yourself for success as an organically certified farmer.
This approach not only ensures compliance but also reinforces the values at the heart of organic agriculture: sustainability, transparency, and stewardship of natural resources—all critical components of building consumer trust in organically grown products.
Introduction
To comply with the USDA organic certification requirements for seeds and planting stock as part of your Organic System Plan (OSP), you must carefully follow the guidelines outlined in 7 CFR § 205.204. These rules are designed to ensure that organic producers use certified organic seeds and planting stock whenever possible, while providing limited flexibility when organic options are unavailable. Below, we’ll walk through the steps you need to take to meet these requirements, along with strategies to ensure compliance and maintain the integrity of your organic operation.
Understanding the Requirements
The USDA National Organic Program (NOP) mandates that certified organic seeds, annual seedlings, and planting stock be used for all crops. This means that the seeds and planting materials you plant must be grown without prohibited substances and certified by an accredited certifying body. However, there is an exception: if organic seeds or planting stock are not “commercially available,” you may use non-organic alternatives, provided they are untreated and meet all other organic standards. It’s important to note that this exception does not apply to annual seedlings or seeds used for edible sprouts—these must always be certified organic.
Commercial availability refers to whether organic seeds or planting stock are accessible in the form, quality, or quantity you need. For example, if a specific variety of seed suited to your region’s climate or soil conditions is not available in an organic form, you may use a non-organic version. However, this decision must be well-documented and justified in your OSP.
Sourcing Organic Seeds and Planting Stock
The first step in complying with the seed and planting stock requirements is to develop a robust sourcing plan. As a farmer, it’s essential to identify reliable suppliers of certified organic seeds early in the planning process each season. Many seed companies specialize in organic varieties, and directories provided by certifiers or organizations like the Organic Seed Alliance can help you locate suppliers. Building relationships with these suppliers can make it easier to secure the seeds you need.
If you cannot find an organic seed variety that meets your needs, you must demonstrate that you made a good-faith effort to source one. This involves contacting multiple suppliers, reviewing seed catalogs, and documenting your search process. For example, if you contact three suppliers and none of them have the specific variety in stock or available at the required quantity, this should be recorded as evidence of unavailability. Keep copies of emails, phone logs, or other communications with suppliers as part of your records.
In addition to sourcing seeds directly from suppliers, consider conducting trials with available organic varieties. While transitioning fully to organic seeds may take time, trialing new options can help you identify suitable varieties for future seasons and demonstrate your commitment to improving compliance over time.
Avoiding Prohibited Substances
When using non-organic seeds or planting stock due to commercial unavailability, it is critical that these materials remain untreated unless treatments are required by federal or state phytosanitary regulations (e.g., for disease prevention). Treated seeds—those coated with synthetic fungicides or other prohibited substances—are not allowed under USDA organic standards unless explicitly approved by your certifier. If treated seeds are used without approval, this could disqualify your crop from certification and potentially require a three-year transition period for affected land.
To avoid issues, always verify that any non-organic seeds you purchase are untreated or treated only with substances permitted under organic regulations. If unsure about a particular treatment or seed source, consult your certifier before planting.
Incorporating Seeds into Your OSP
Your Organic System Plan (OSP) is a foundational document that outlines how you comply with all aspects of USDA organic regulations, including seed sourcing. In your OSP, describe how you source seeds and planting stock each year. Include details about how you prioritize certified organic options and explain the criteria you use to determine commercial unavailability when non-organic materials are used.
For example, if you grow a specific crop that requires a rare seed variety not available organically in sufficient quantity for your operation’s scale, include this information in your OSP along with documentation of your search efforts. Additionally, outline any plans for transitioning toward greater use of organic seed over time—for instance, by trialing new varieties or working with breeders who specialize in developing organic options.
Documentation is key here. Certifying agents will review your OSP annually as part of the certification process and expect detailed records showing compliance with seed sourcing requirements. During inspections, they may also ask to see purchase orders, supplier communications, or other evidence supporting your decisions.
Annual Review and Continuous Improvement
Organic certification is an ongoing process that requires annual review and renewal. Each year during your inspection and OSP update, certifiers will evaluate whether you’ve made progress in sourcing more organic seeds compared to previous years. This means that even if non-organic seeds were necessary in one season due to unavailability, certifiers will expect you to continue seeking out organic alternatives in subsequent years.
To stay compliant and demonstrate continuous improvement, review your seed sourcing strategy annually. Reflect on what worked well and identify areas where adjustments could help increase the proportion of organic seeds used on your farm.
