Soybean test date question?

[Marty Mayer]

Hello, recently purchased 2 bags of real world beans from the nearest dealer to me. 2.5 hour round trip from me. Came home decided to open the bags and put them into seal able 5 gallon buckets to keep the critters out. After doing so I looked at the tags that showed the type of beans and the test date. It was 1/2016. After seeing that I tried to call the dealer, they weren't open. Then called Real World, Don Higgins answered the phone and I explained my concern about receiving last years product. Told him that I am not to happy about this. Said he wouldn't be either. None of this was Real World or Don Higgins fault. I thought he said it wasn't legal to sell last years product date this year. He did verify that the beans not only were last years product they also are not their newest generation two beans. I will be calling the dealer first thing tomorrow. He did say that this dealer did receive new beans this year and that they would of exchanged any of their left over beans from last year. Does anyone know if it is illegal to sell last years product? Feeling a little fleeced right now. Hopefully it was a honest mistake.
Thanks
Marty

 

[yoderjac]

Legal? Sure. It is done all the time. The legal requirement is the seed tag. I could see your argument if you had mail ordered them and the dealer did not disclose the fact that they were last years beans. However, you picked them up in person. The seed tag is the first thing to look at.

That doesn't mean I don't feel for your position. I'd just be kicking myself in the butt and hoping the dealer would help me out. Having said that, if the beans were stored properly, it should not be a big deal if you plan to plant now. Rag doll test them yourself and check the germination rates.

Thanks,

Jack

 

[FarmerDan]

Seed laws vary by state. As I remember it, when I was in the ag supply business, any seed for sale had to have a tag with a germination test within the last 12-months. Twice a year the seedsman from the state ag depeartment would come and look at EVERY bag of seed. Because of his efforts there was never a bag of seed that didn't have an up-to-date label. Long time ago. To satisfy my own curiosity, I lookedup current Virginia law.
"
§ 3.2-4015. Prohibitions.
It is unlawful to:

1. Transport, offer for transportation, sell, or offer for sale seed or seed mixtures:

a. Unless the germination test to determine the percentage of germination required by § 3.2-4008 is completed within nine months prior to the month of transportation, sale, or offer for sale, except for the germination test for cool-season lawn and turf seeds or mixtures thereof, which must be completed within 15 months prior to the month of transportation, sale, or offer for sale;"

http://law.lis.virginia.gov/vacode/title3.2/chapter40/section3.2-4015/

 

[yoderjac]

Seed laws vary by state. As I remember it, when I was in the ag supply business, any seed for sale had to have a tag with a germination test within the last 12-months. Twice a year the seedsman from the state ag depeartment would come and look at EVERY bag of seed. Because of his efforts there was never a bag of seed that didn't have an up-to-date label. Long time ago. To satisfy my own curiosity, I lookedup current Virginia law.
"
§ 3.2-4015. Prohibitions.
It is unlawful to:

1. Transport, offer for transportation, sell, or offer for sale seed or seed mixtures:

a. Unless the germination test to determine the percentage of germination required by § 3.2-4008 is completed within nine months prior to the month of transportation, sale, or offer for sale, except for the germination test for cool-season lawn and turf seeds or mixtures thereof, which must be completed within 15 months prior to the month of transportation, sale, or offer for sale;"

http://law.lis.virginia.gov/vacode/title3.2/chapter40/section3.2-4015/

I wonder if that is more focused at consumers since it references "lawn and turf seeds". I regularly buy WR from the coop from the previous year. In fact, I ask for it because they will give me a discount on it.

Thanks,

Jack

 

[FarmerDan]

I wonder if that is more focused at consumers since it references "lawn and turf seeds". I regularly buy WR from the coop from the previous year. In fact, I ask for it because they will give me a discount on it.

Thanks,

Jack

Probably not. But, Ill ask. It's been a long time absent from the industry, but the trick was to sell out-of-date seed as something other than seed. Soybeans are usually untreated and unsold seed ends up ground for feed. Winter rye might end up being 'feed grain.' There's the law and there's what we do! I doubt Virginia has the resources to chase the issue. I suspect the law and the courts have other fish to fry.

 

[yoderjac]

Humm....The WR I buy is sold with the seed tag attached and inventoried out of the same stock as this year's seed. They are very up front and give me a discount on it. A significant amount of old seed goes into conservation seed programs and is sold at a big discount for wildlife. NWTF and other conservation organizations participate in the program.

I presume the law is focused more on proper disclosure of what is being sold (germination rate, test date, etc.) than prohibiting the sale of the seed.

Thanks,

Jack

 

[Tap]

Do a rag doll test and plant accordingly. You may have to increase the seeding rate.
I know that I've read somewhere that old bean seeds don't have great viability but I can't vouch for that.

Sent from my SM-G900V using Tapatalk

 

[Don'tWorryIHuggedItFirst]

I presume the law is focused more on proper disclosure of what is being sold (germination rate, test date, etc.) than prohibiting the sale of the seed.

This is how it is in Wisconsin. They just need to have it germ tested again and can then sell it.

 

[Marty Mayer]

This is how it is in Wisconsin. They just need to have it germ tested again and can then sell it.

Just got off the phone with the shop where I purchased the beans. He will replace them with current product. As long as they show up all is well.
Marty

 

[j-bird]

With them being out of the bag - you may be SOL. I agree in doing a ragdoll test and plant based on that. I have planted ag beans that where 2 years old and they did just fine, so I would not be too concerned. I would however bring this to the dealers attention and see what they offer to do. If they offer to do nothing.....I would be looking for a new dealer. If they at least try to make things right in some fashion and it was an honest mistake, then work with them and move forward. If you feel so inclined - I would keep Don up to speed as to what happens as well. Like Don or Hate him, he should be interested in how his product is being supported.

 

[swat1018]

Got year old NWTF beans this year in MO. Tested Feb 17, Germ 60%. I just adjusted the rate to get the pounds of viable beans I wanted.

 

[Marty Mayer]

Got year old NWTF beans this year in MO. Tested Feb 17, Germ 60%. I just adjusted the rate to get the pounds of viable beans I wanted.

Two new bags of current beans have arrived. Couldn't of asked for anything more. The dealer said if I am ever in the area to bring the other beans back. Told him it was a 3hr round trip to get there. He said if i'm not near there, just to keep them. Pretty nice of them. Also contacted Don Higgins and told him how i appreciated this dealer taking care of this.

 

[Bill]

Got year old NWTF beans this year in MO. Tested Feb 17, Germ 60%. I just adjusted the rate to get the pounds of viable beans I wanted.

Sweet! We got them from the same place so now I don't have to test mine.
Did you take some from several bags?

 

[swat1018]

Sweet! We got them from the same place so now I don't have to test mine.
Did you take some from several bags?

I didn't do a rag doll test, but the bags are tagged with a Feb 2017 test date, declaring 60% germ. I used their number. I did plant some here in my garden to test with a shot of Gly, to make sure they are roundup ready.