Organic Seed Selection & NOP Requirements

Under 7 CFR § 205.204, certified organic producers must use organically grown seed, annual seedlings, and planting stock when commercially available. This requirement is one of the most fundamental NOP standards — your seed source is the starting point of your organic audit trail.

The rule works in a specific priority order:

1. Organically grown seed: Use certified organic seed whenever it is commercially available in the variety, form, and quantity you need.

2. Non-organic, untreated seed: If certified organic seed is not commercially available in the appropriate form, you may use non-organic seed that has NOT been treated with any prohibited substance (synthetic fungicide seed treatments, for example, are prohibited). You must document your organic seed search.

3. Synthetic seed treatments: Prohibited under all circumstances. You may never use seed treated with synthetic fungicides, insecticides, or other prohibited substances in a certified organic operation, even if organic seed is unavailable.

One critical distinction: the organic seed requirement applies to the seed itself — not to whether the seed comes from an organic farm per se, but to whether the seed was produced in compliance with NOP standards. USDA-certified organic seed must come from a certified organic seed producer.

If you want to use non-organic seed because you believe certified organic seed is not commercially available, NOP requires you to document that search — and your certifier must review and accept your documentation. This is called the commercial availability determination.

What 'commercially available' means:

Seed is considered commercially available if it can be obtained in a form, quantity, and quality appropriate for your operation at a price and within a timeframe that doesn't compromise your planting schedule. 'Not commercially available' is a higher bar than simply being hard to find or slightly more expensive.

How to document your organic seed search:

• Contact a minimum of three suppliers of certified organic seed for the variety you need — document each contact: supplier name, date, variety requested, and the result (available / unavailable / unsuitable form or quantity)

• Keep records of any seed catalog searches, website searches, or phone/email inquiries showing organic seed was not available

• Record the date of your search — it must be current for the planting season in question

• Submit your documentation to your certifier before planting

Important: Your certifier makes the final determination on whether your search is sufficient. Some certifiers maintain lists of crops for which organic seed is consistently unavailable in your region — ask your certifier about their current approved list before conducting your search.

Yes. Regardless of commercial availability, two categories of seed are always prohibited in certified organic production:

1. Genetically engineered (GMO) seed:

Seed produced using genetic engineering — also called excluded methods under NOP regulations — is prohibited in all certified organic operations without exception (7 CFR § 205.105). This applies to seed itself and to seed that carries traits introduced through genetic engineering, even if the seed was otherwise produced without synthetic inputs. This prohibition is one of the absolute rules of NOP — there is no commercial availability exemption for GMO seed.

2. Seed treated with prohibited substances:

Seed treated with synthetic fungicides, synthetic insecticide seed treatments, or any other prohibited substance is not permitted in organic production, even when certified organic seed is unavailable. If organic seed is unavailable, the only permitted option is untreated (non-organically grown but also non-treated) seed.

Common prohibited seed treatments to watch for:

• Thiram, captan, and other synthetic fungicidal seed treatments

• Neonicotinoid insecticide seed treatments (imidacloprid, clothianidin, thiamethoxam)

• Synthetic polymer seed coatings (if the coating contains prohibited substances)

When sourcing non-organic seed under the commercial unavailability exemption, always confirm with the seed supplier that the seed is completely untreated and document that confirmation in your records.

Yes — NOP's seed requirements extend to annual seedlings (transplants) and planting stock, not just seeds themselves.

Annual seedlings: For crops started from transplants rather than direct seeding (tomatoes, peppers, lettuce starts, brassica transplants, etc.), the seedlings must have been produced organically — meaning they were grown in compliance with NOP standards from organic seed, in organic growing media, without prohibited substances. Simply purchasing transplants from a conventional greenhouse, even if from untreated seed, does not satisfy NOP requirements for annual seedlings.

Perennial planting stock: For perennial crops (fruit trees, berry bushes, asparagus crowns, etc.), NOP provides more flexibility. Planting stock for perennial crops must be organically grown when commercially available — but if it is not commercially available as organic, conventionally grown planting stock may be used. Once planted in an organic operation, however, it must be managed organically going forward.

Mushroom spawn: Mushroom spawn is treated as planting stock under NOP and must be organically produced when commercially available.

The commercial availability documentation requirement applies to transplants and planting stock just as it does to seed — maintain your search records for your certifier.

Finding certified organic seed requires knowing where to look — the market for organic seed has grown significantly but is still more fragmented than the conventional seed market.

USDA AMS Organic Integrity Database:

This public database (ams.usda.gov/organic-integrity) lists all certified organic operations, including seed producers and seed companies with organic handling certification. It is the most authoritative starting point for finding certified organic seed sources.

Certifying agent resources:

Your certifying agent and the Accredited Certifiers Association (ACA) are practical first stops — they work with many producers in your region and often maintain informal lists of organic seed suppliers that have worked well for their clients.

Organic seed company directories:

USDA NIFA has funded research into organic seed availability, and land-grant university extension services in many states maintain regional organic seed source directories.

Rodale Institute:

Rodale Institute (rodaleinstitute.org) is a leading advocate for organic plant breeding and seed system development. Their resources on organic seed and variety selection are among the most practically useful for producers.

Seed saving networks:

For open-pollinated and heirloom varieties (see the Non-GMO, Heirloom & Open-Pollinated Varieties page), producer-to-producer seed networks and seed libraries can be valuable sources of regionally adapted organic seed.

Yes — seed saving from your own certified organic crop is one of the oldest and most valuable tools in the organic seed system, and NOP fully supports it.

Seed saved from your certified organic crop is considered organically grown seed as long as:

• The crop it was harvested from was grown in full compliance with NOP standards

• The seed was saved, cleaned, stored, and handled without contact with prohibited substances

• The seed saving and storage practices are documented in your Organic System Plan

Practical considerations for organic seed saving:

• Isolation distance: For crops that cross-pollinate (corn, beets, brassicas), adequate isolation from non-organic or different variety plantings is essential to maintain variety purity and prevent GMO contamination

• Seed cleaning: Seed cleaning equipment used for organic seed must be free of prohibited substance residue — document your cleaning protocol

• Storage conditions: Seed must be stored in conditions that prevent prohibited substance contact — separate, clearly labelled organic seed storage

• Record-keeping: Document which crops the saved seed came from, the harvest date, and the storage conditions — your certifier will review this

Seed saving is particularly valuable for open-pollinated and heirloom varieties that are not widely available commercially as certified organic. See the Non-GMO, Heirloom & Open-Pollinated Varieties page for more on variety selection.

Your seed sourcing decisions are a required component of your Organic System Plan (OSP) — specifically under the seeds and planting stock section of your OSP (7 CFR § 205.201).

Your OSP must document:

• The varieties of seed and planting stock you plan to use for each crop

• Whether each seed source is certified organic or non-organic (and if non-organic, the documentation of your commercial availability search)

• Confirmation that all non-organic seed is untreated and non-GMO

• Your seed saving practices and storage protocols, if applicable

Annual OSP update requirement:

Seed sourcing decisions must be reviewed and updated in your OSP annually. If you change varieties, switch seed suppliers, or use non-organic seed for a crop where you previously used organic seed, these changes must be reflected in your updated OSP before your next certification renewal.

Certifier notification:

Some certifiers require advance notification if you plan to use non-organic seed for a crop for which organic seed was available in prior years. Check with your certifier about their specific protocol — surprises at inspection time are avoidable.