Hemp Seed

The Seed Regulatory and Hemp Programs are jointly responsible for regulating the production, labeling, and sale of hemp seed in Oregon. Other programs, such as Plant Health and Market Access and Certification can assist in seed testing and exporting hemp seed. Find more information in the Agricultural Hemp Seed Requirements & FAQs.

What is agricultural hemp seed?

• Seed that is sold or intended to be sold for planting
• Unprocessed or partially processed
• Capable of germination
• Harvested from hemp plants that have been tested pre-harvest and found to contain no more than 0.3% THC.

Hemp registrations are required for hemp seed

• Under Oregon law, hemp seed is classified as hemp, therefore to possess hemp seed in the state of Oregon you must have a valid hemp grower or handler registration.
• Prior to providing any seed-related services (i.e., seed testing, phytosanitary certificates, etc.) the department will verify hemp registrations - customers must have valid registrations at the time service is requested.
• Note: one exception to the need for registration is if the seed has been processed such that it is no longer capable of germination.

Hemp seed exports

Contact PlantHealth@oda.oregon.gov for assistance with phytosanitary seed testing, inspection, and obtaining phytosanitary certificates for hemp seed exports.

Buying hemp seed

When purchasing seed, it is important to know what you are getting. All seed that is being sold for the purpose of planting needs to be in a package labeled accurately to reflect its contents.

• Consumer Protection—Minnesota Department of Agriculture
• Laws, Regulations and Other Considerations When Buying Hemp Seed

Selling hemp seed

To sell hemp seed in Oregon, either a retail or wholesale seed dealer's license is required, depending on the end consumer. However, if a person is selling only seeds that they produce, a license is not needed. The state of Oregon does not recognize seed licenses issued by other states; out-of-state entities must have an ODA-issued license.

• A retail seed dealer license is required for any person who offers or sells agricultural or vegetable seed directly to the consumer or user
  • Retail seed dealer license details
• A wholesale seed dealer license is required for any person who sells, offers, or holds for sale, agricultural or vegetable seed to retailers, distributors, brokers, or other wholesalers for resale.
  • Wholesale seed dealer license details

Certified hemp seed

• Oregon does not require that only certified hemp varieties be grown, sold, or purchased in the state.
• Seed certification is a program to ensure genetic purity and varietal identity. Certified seed does not guarantee any specific THC level in hemp plants grown from that seed.
  • Visit the Association of Official Seed Certifying Agencies for more information.
• The Oregon State University Seed Certification Service manages seed certification in Oregon. Separate standards for essential oil and fiber hemp are in development.
  • Read about the OSU Hemp Seed Certification Standards
• Some states and Canada require that only certified hemp varieties are grown, or publish an annual list of approved cultivars. These lists are based on THC testing results during past growing seasons and can provide useful information about how a variety may perform in the future.
• Colorado Department of Agriculture Certified Seed Program
• Kentucky Hemp Program Summary of Varieties
• Canada Approved Hemp Cultivars

Record keeping

Oregon Seed Laws and the Federal Seed Act require certain records to be maintained for each lot of seed produced and sold. In addition, Oregon law requires hemp seed growers and handlers to maintain records. These requirements may not overlap—check with both programs to ensure that the correct information is maintained.

• Oregon seed record keeping requirements
• Federal Seed Act record keeping requirements
• Oregon hemp record keeping requirements

Labeling hemp seed

Hemp seed is considered an agricultural seed as defined in ORS 633.511 to 633.750 and therefore the labeling requirements outlined in the Federal Seed Act and Oregon Seed Laws must be followed.

• How to Read a Label on a Bag of Hemp Seed
• Hemp Seed Labeling Requirements - USDA AMS Seed Regulatory & Testing
• Federal Seed Act labeling requirements
• Oregon seed labeling requirements

Testing hemp seed

All information on a seed label must be based on seed tests including a purity exam, noxious seed exam, and germination testing conducted according to Association of Official Seed Analysts (AOSA) Rules for Testing Seeds. For exporting seed, testing methods established by the International Seed Testing Association (ISTA) may be required.

• How to test and label hemp seed - Office of the Indiana State Chemist

• Federal Seed Act (USDA)
• Hemp Seed Webinar - November 2020
  Learn about the Oregon Seed Certification Service located at OSU and about ODA's Seed Regulatory Program including: hemp seed certification, seed labeling, seed regulations, and buying and selling hemp seed.
• Oregon Revised Statutes—Seed
  

  ORS Chapter 633—Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds

• Oregon Seed Laws
  

  Chapter 603 Division 56 Hay and Seed