New Requirements for Tomato

and Pepper Seed Restrict Imports.

Shortages on the Horizon
USDA amends import protocols twice in 2019. Seed companies struggle to meet
the new requirements. No relief in sight.
MICHELLE KLIEGER, STRATAGERM CONSULTING 
New Requirements for Tomato and Pepper Seed Restrict Imports. Shortages on the Horizon

TABLE OF CONTENTS

ABSTRACT 3

WHAT WE’LL COVER IN THIS WHITE PAPER 3

INTRODUCTION 3

HOW DID WE GET HERE? 4

FEDERAL ORDER DA-2019-21: POSIVIROIDS 4

SMALL LOTS OF SEED 4

WHERE ARE THE OUTBREAKS? 5

FEDERAL ORDER DA-2019-28: TOBAMOVIRUSES 5

NEW REQUIREMENTS 6

INDUSTRY CONCERNS 6

SEED SHORTAGES 6

CAPITAL INVESTMENTS 7

CONCLUSION 7

2 seedworld.com/pro
New Requirements for Tomato and Pepper Seed Restrict Imports. Shortages on the Horizon
ABSTRACT
In 2019, the USDA’s Animal Plant Health
Inspection Service (APHIS) amended
the requirements to import tomato and
pepper seeds into the United States
twice. These technical Federal Orders
provide seed companies with the new
phytosanitary requirements. Industry
experts worry that global testing
capacity is insufficient to meet the new
requirements. The USDA is trying to
prevent new diseases from entering the
United States, but if seed companies
cannot adjust their businesses to comply
with the new import procedures, tomato
and pepper seed might be blocked from
the United States all together.
What We’ll Cover in This White Paper
This whitepaper provides you with a brief
history on the role of APHIS in protecting
U.S. agriculture and how seed import
requirements have evolved over the past
five years as new viruses have spread
globally. Then it takes a closer look at
the two Federal Orders issued in 2019
and what seed companies need to do to
comply with the new requirements. Finally,
this paper explores the implications of
the new rules on seed companies, their
employees, and even consumers.
This paper details:
• How did we get here?
• Federal Orders explained, in plain English
• Seed industry concerns
3 seedworld.com/pro
INTRODUCTION
The United States Department of
Agriculture keeps domestic food
production safe from pests and diseases
that could cause economic damage
to American producers. Identifying
phytosanitary risks to U.S. agriculture is
the responsibility of the Animal and Plant
Health Inspection Service (APHIS). To
address the risk, the Plant Protection Act
allows APHIS to prohibit or restrict the
importation of plants or seeds to prevent
the introduction of that pest or disease
into the United States.
Importing seed into the United States is
critical for seed companies and domestic
growers. In 2018, tomato seed imports
were valued at $69 million, and pepper
seed imports exceeded $58 million. China
was the top exporter of both types of
seed. During the past few years, imports
have declined. Tomato seed imports
peaked in 2015 at just over $90 million and
have declined every year since. Pepper
seed imports peaked in 2014 at $69
million. They remained above $63 million
each year between 2014 and 2017. Then
in 2018, they dropped to $58 million. Early
data indicates that 2019’s value will be
even lower. Trade tensions with China and
new phytosanitary requirements imposed
by APHIS are two factors contributing to
lower imports, which could lead to seed
shortages.
New Requirements for Tomato and Pepper Seed Restrict Imports. Shortages on the Horizon
HOW DID WE GET HERE?
In general, the United States has few
restrictions on seed imports, allowing seed
companies to move seeds into the United
States relatively easily. However, in July
2014, a serious, seed-transmitted disease
entered the United States and established
in California. Cucumber green mottle
mosaic virus (CGMMV) caused USDA to
review seed import requirements and
reassess their efficacy in protecting U.S.
agriculture from economically important
viruses such as CGMMV. Since then,
APHIS has worked with the seed industry
to develop solutions that protect U.S.
agriculture without imposing excessively
burdensome regulations. The cornerstone
of these efforts is USDA’s REFRESH
program.
It’s common for labor-intensive seeds
such as pepper and tomato seeds to be
produced in China and other regions
of Asia. After harvest, they are sent to
the United States for disinfecting and
processing. Then they are sent to other
areas, like Europe, for planting.
In 2018, Greek customs rejected a
shipment of commercial U.S. tomato
seeds infected with Potato spindle
tuber viroid (PSTVd). As a result, APHIS
began testing all (commercial and pre-
commercial) tomato and pepper seed lots
in November 2018 to determine if infected
seed was entering the United States and
from where. They used molecular testing
methods to screen for six posiviroids of
quarantine significance, meaning that the
pathogen could pose enough damage
to the domestic industry or environment
that quarantine measures must be taken
to prevent the introduction or spread of
disease. In this case, APHIS tested for
Columnea latent viroid (CLVd), Pepper chat
fruit viroid (PCFVd), PSTVd, Tomato apical
stunt viroid (TASVd), Tomato chlorotic
dwarf viroid (TCDVd), and Tomato planta
macho viroid (TPMVd).
The tests focused on countries known to
have these six posiviroids, since they posed
the highest risk. These posiviroids cause
diseases in potatoes, tomatoes, peppers,
and other crops. Infected plants might
4 seedworld.com/pro
display symptoms of severe stunting, leaf
or stem necrosis, flowering alternations,
and foliar and fruit deformations.
FEDERAL ORDER DA-2019-21:
POSIVIROIDS
Based on the number of samples that
tested positive during this study and the
economic impact on U.S. tomato, potato,
and pepper growers, APHIS issued
Federal Order DA-2019-21 on Aug. 9, 2019.
It requires all shipments of tomato and
pepper seed from all countries be free
from these posiviroids before they enter
the United States. This new requirement
went into effect Sept. 8, 2019.
There are two ways for pepper and tomato
seeds to meet this new requirement: first is
a negative seed test result on the seed lots
in the shipment; alternatively, companies
can produce tomato and pepper seeds
in countries or regions where none of the
posiviroids are known to occur. The sample
must include a phytosanitary certificate
from the exporting country’s national plant
protection office, certifying one of these
two claims in the additional declaration
field. Shipment without the necessary
phytosanitary certificate and additional
declaration will be rejected.
Small lots of seed
This Federal Order requires additional
declaration for small lots of seeds as well.
Seed companies can apply for a special
import permit from USDA, which allows
them to import less than 50 seeds of one
taxon or less than 10 grams of seed in one
packet with additional declarations. The
seeds are for breeding purposes and not
for immediate commercial sale. As such,
they are unlikely to cause an outbreak
because they are planted in a controlled
environment and then destroyed.
This permit is essential because it can
be impossible to run the necessary tests
on small lots of seeds. For example, the
recommended seed testing protocol
for posiviroids requires sample sizes
of 3,000 or 20,000 seeds. As part of
this Federal Order, small lots of seeds
New Requirements for Tomato and Pepper Seed Restrict Imports. Shortages on the Horizon
must comply with the same additional
declaration requirements as commercial
seed, which could slow down company
breeding cycles. Companies will need to
produce extra seeds to comply with these
requirements, which might significantly
impact new variety development.
Where are the outbreaks?
Scientific evidence suggests that seed
transmission of these posiviroids is a low
threat to pepper, tomato, and potato
producers. The International Seed Health
Initiative for Vegetable Crops (ISHI-Veg)
is a group comprising seed health and
seed testing experts who facilitate the
development of new seed health tests.
The group helps seed companies manage
risk and advocates internationally on seed
health issues. ISHI-Veg research indicates
that posiviroid outbreaks rarely stem from
infected seed and that seed transmission
might be very low. As a result, it’s believed
these additional testing requirements by
APHIS are overly restrictive, based on the
assessment by this group.
APHIS found the posiviroids in shipments
of both tomato and pepper seeds;
however, there were no outbreaks,
begging the question, why are there not
more outbreaks if so many seeds test
positive? There are several explanations.
First, the disinfecting and conditioning
protocols adopted in the United States
prevent the transmission of these
posiviroids. ISHI-Veg research indicates
a tiny percentage of commercial tomato
seed lots test positive for posiviroids. In the
Netherlands, Naktuinbouw Laboratories
found only two of 2,000 commercial lots
contained infected seed. In the United
States, CSP Labs found only a small
percentage of all commercial seed lots
were infected.
Even though commercial tests are
negative, Australia reports that more
than 40% of raw seed lots screened test
positive for these posiviroids. APHIS’
findings were similar, which led to these
new requirements. The American Seed
Trade Association’s Ric Dunkle, senior
director of seed health and trade, points
out that USDA is using an incredibly
5 seedworld.com/pro
sensitive molecular testing method,
which detects even the smallest amount
of viroid genetic material. However, at
these tiny levels, the pathogen is not
seed transmitted. ISHI-Veg data further
supports this theory. The transmission rate
from seed naturally infected to seedlings
is very low (less than 0.27%) or even zero.
This means that almost no outbreaks
are caused by infected seed, because it
is difficult for infected seeds to transmit
the disease to seedlings. ISHI-Veg further
supports this theory, pointing out that very
few tomato greenhouse outbreaks have
been traced back to infected seed.
FEDERAL ORDER DA-2019-28:
TOBAMOVIRUSES
Most recently (November 2019), APHIS
issued another Federal Order (DA-
2019-28) for tomatoes, peppers, and
propagated materials of these plants.
Published Nov. 15, 2019, it went into effect
one week later. This time the Federal Order
aims to prevent the introduction of Tomato
brown rugose fruit virus (ToBRFV). The
Mexican National Plant Protection Office
issued a similar regulation following a 2018
outbreak of the disease. APHIS estimates
that the economic damages of a ToBRFV
outbreak in the United States would cost
$2.3 billion.
ToBRFV is a tobamovirus in the same
family as the Cucumber green mottle
mosaic virus, which had an outbreak
in California in 2014. According to the
European and Mediterranean Plant
Protection Organization, ToBRFV is
relatively new. The first disease symptoms
were found in Israel in 2014. The disease
was discovered in 2015 on tomatoes in
Jordan. Subsequently, outbreaks have
occurred in Italy, Mexico, Turkey, China,
the United Kingdom, the Netherlands,
Greece, and Spain. In 2018, Germany and
the United States experienced isolated
outbreaks, which were eradicated, in
glasshouse tomato crops.
In tomatoes, ToBRFV cannot be managed
with genetics. However, some pepper
varieties are resistant. Tobamoviruses have
no natural vectors. They are highly stable
and can be easily transmitted mechanically
New Requirements for Tomato and Pepper Seed Restrict Imports. Shortages on the Horizon
during the cultivation process and
live in soils for long periods, infecting
newly established plants through root
injuries. They are also seed transmitted.
Tobamoviruses do not infect the embryo
or the endosperm; they generally remain
attached to the seed coat and infect the
plants during germination. To prevent
the virus from spreading, it’s imperative
to detect infected seed, according to
“Procedure for Detecting Tobamovirus in
Tomato and Pepper Seeds Decreases the
Cost Analysis” in Bragantia, a publication
of the Secretary of Agriculture of the state
of São Paulo, Brazil.
New requirements
To prevent the introduction of ToBRFV
in the United States, APHIS took action
to mitigate both propagated material
(seeds, plants for grafting, grafts, and
cuttings) and fruit transmission. Tomato
and pepper seeds are considered high
risk. Like other tobamoviruses, ToBRFV
readily contaminates the seed coat and
can be spread long distances with seed.
However, researchers in the Department of
Plant Pathology at University of California,
Davis, and the California Tomato Research
Institute do not believe that the viruses
infect the seed, meaning that the seed
can be cleaned, and the virus removed or
inactivated.
Currently, tomato and pepper seed
shipments from all countries require a
phytosanitary certificate with additional
declarations stating that the seeds were
grown in an area that is free from ToBRFV
or that a seed test was conducted and
that it was found free from ToBRFV to
enter the United States. Today, infected
seed cannot enter the country and be
processed and cleaned at U.S. facilities.
To be compliant with the new
requirements, the seeds are tested by a
laboratory, and the results are sent to the
National Plant Protection Office of the
exporting country. The exporting country
that provides the seed company with a
phytosanitary certificate must include the
necessary additional declarations with
the shipment. At a port of entry, Customs
and Border Protection is to review the
6 seedworld.com/pro
paperwork and shipment, either granting
entry or rejecting it.
APHIS also imposed new requirements
for fruit, but they are much easier to
comply with — tomato and pepper
fruit are considered a low threat. Only
fruit imported fruit from Mexico, Israel,
the Netherlands, and Canada require
a phytosanitary certificate stating that
the origin is free from ToBRFV or that
the fruit was inspected and found free
from the virus. The industry can self-
certify that the shipment does not have
any ToBRFV symptoms. A diagnostic
test is not required. Since the import
requirements are much simpler to comply
with, the Fresh Produce Association of
the Americas supports the Federal Order
because it will not negatively impact their
businesses. They do not project the delays
and shortages that the seed industry
expects. This limits the allies available
to help push for revisions to these new
regulations.
INDUSTRY CONCERNS
The seed industry is a global industry.
Seeds of certain kinds might move across
five continents before being planted by
farmers. Companies invest in production
locations, processing and cleaning
facilities, and distribution networks. When
import requirements change, companies
must rework their entire supply chain
to comply. From the time a new rule is
announced to when companies can make
the necessary changes, many problems
can arise. Two major concerns facing the
industry are tomato and pepper seed
shortages, as well as dislocation of capital
investment.
Seed shortages
Many of the countries that produce tomato
and pepper seeds are not equipped to
test all the tomato and pepper seeds
destined for the United States, which
has the potential to create a testing
bottleneck. Meanwhile, the United States
has the necessary facilities to run the
tests. However, allowing the infected seed
to enter the United States goes against
USDA’s pest exclusion strategy that clears
New Requirements for Tomato and Pepper Seed Restrict Imports. Shortages on the Horizon

produce of pests in the country of origin,
thereby preventing them from entering the
United States.
Seed companies work within short
deadlines. There is often less than eight
weeks to harvest the seed, ship it to
the United States to be cleaned and
processed, and then shipped to the
farmers who ultimately plant the seeds.
With no backlogs, seed tests take several
weeks to run. Given the tight window, the
new testing requirements will prevent seed
companies from selling their seed before
the tomato planting season. Shortages are
expected.
Ric Dunkle reported that the “[Federal
Order] is already affecting the availability
of seed for seed companies, commercial
greenhouses, and field growers. There
could potentially be a seed shortage.”
USDA import data indicate that tomato
seed imports fell dramatically since the
new requirements went into force in
September 2019. Tomato seed imports
decreased $8.5 million in September and
$6.9 million in October. Data is not yet
available for November and December.
With fewer seeds entering the country,
companies will be forced to work through
any inventory. Seed companies with more
extensive inventories will better mitigate
shortages. Vegetable growers will still
be able to purchase tomato seeds; it
just might not be the newest varieties.
Depending on how much inventory is
available, the real pain might not be felt for
a year or so. Experts predict that if testing
capacity in producing countries does not
increase or another solution is not found,
seed companies will lose tomato and
pepper seed sales. With fewer tomatoes
and peppers planted, consumers will
ultimately pay a higher price for tomatoes
and peppers in the grocery store.
To meet this demand, seed companies
have made significant capital investments
to build processing centers. These Federal
Orders make it difficult for companies to
import seed, resulting in these facilities
to be under-utilized or even sit idle. In
the current environment, companies may
never recoup their investment. Employees
will lose their jobs as more and more
tomato and pepper seeds are cleaned
and processed offshore. Depending on
how long it takes for international testing
capacity to increase and meet demand,
companies may have to invest in new
centers in countries where the raw seed
is. Plus, they will have to hire and train
new people adding to cost of tomato and
pepper seed production.
CONCLUSION
Increasing seed testing capacity and
moving processing and cleaning facilities
takes time. In the fall of 2019, after the new
rules went into effect, tomato and pepper
seeds were harvested all over the world.
Many of those seeds could not be tested
and approved for entry into the United
States in the small window available.
Companies that could not get new seeds
in time will be forced to work through any
inventory they have, while they continue
to find solutions for the 2020 and 2021
seasons.

Capital investments
Millions of dollars of tomato and pepper
seeds are imported into the United States
for cleaning and processing every year.
These seeds come from China, Southeast
Asia, and other locations around the world.

7 seedworld.com/pro