On Jan. 8, Gov. Mike DeWine signed House Bill 364, which allows conservation non-profits and organizations, as well as individuals, to collect and share native seeds with other like-minded groups. The bill also updates regulations on noxious weeds and the removal of invasive plant species along toll roads, railroads and electric railways.
According to the bill, non-commercial seed sharing, including seed libraries, will be exempt from strict labeling, inspection and advertising requirements so long as the seeds are given away for free and are not an invasive or noxious species.
With societal worries of conserving natural environments and restoring pollinator habitats on the rise, HB 364 is seen as a step in the right direction. However, the potential spread of plant diseases remains a key concern.
“I see both sides,” said Dr. Monica Lewandowski, associate professor, outreach and undergraduate advisor of Ohio State University’s College of Food, Agricultural and Environmental Sciences Plant Pathology Department. “I think it would be beneficial to have more pollinator habitats, but as a plant pathologist, you always have to be cautious when you see something about unregulated seed sharing.”
According to Lewandowski, plant diseases can spread in various ways, such as through viruses in microscopic organisms or insect eggs. Because of this, she said manufacturers like Bayer, a multinational pharmaceutical and biotech company, and Ball, a wholesale seed and plant distributor, are continually developing tests to keep up with protocols and ensure different batches of seeds are clean.
The importance of ensuring clean seeds was reemphasized when Lewandowski attended a seminar, where a fellow plant pathologist spoke about his experience with plant diseases in South America.
“He said he saw many diseases he had never seen before,” Lewandowski said. “He mentioned that [the U.S.] has good regulations and preventative measures.”
Lewandowski said the type of testing and cleaning a seed undergoes can vary depending on several factors, such as the species of the seed, how the seed will be grown or what type of crop the seed might be.
She said anything that’s bought in stores, whether it’s packaged seeds or root stalks from a nursey, must be certified and have gone through some type of testing and cleaning.
"Sometimes they’re not tested for all diseases, but definitely the major ones,” Lewandowski said.
Even with the concern of disease spreading, Lewandowski said she’s not sure if there will be a high risk, as garden clubs and seed libraries are on much smaller scales than farms.
As an advocate for native plants, Dianne Kadonaga, owner of Sunny Glen Gardens in Columbus, Ohio, said she’s hopeful about the implementation of HB 364.
“This bill is huge for the native plant community,” Kadonaga said. “It really helps us overcome the limitations we’ve been restricted by.”
Kadonaga said restrictive fees and regulations have favored large seed manufacturers, creating gaps for smaller operations, particularly when it comes to accessible seed cleaning and testing.
Before HB 364, individuals or small organizations wanting to sell seeds had to pay for lab testing. Kadonaga said the process was not feasible for smaller operations, as they lacked enough seeds to meet the bulk requirements for lab testing fees.
As a result, Kadonaga said she and others within the native plant community would "informally" clean and test their seeds, as they are also concerned about the spread of plant diseases.
“I think [HB 364] really facilitates the donation and exchange, the preservation and dissemination of native seeds among all of the people who are trying to do so,” Kadonaga said. “We’re not having to do any kind of payment so we can use our seeds in community conservation and gardening projects.”
Kadonaga said the bill also raises awareness of other laws, such as patented seeds and the Plant Variety Protection Act (PVPA), both of which prohibit the collection of seeds from plants covered by these protections. This creates limitations for those who want to save seeds for the next planting season, forcing them to buy new seeds instead.
According to Kadonaga, without special permission from companies with patented seeds, they can legally pursue action against you.
Kadonaga said this also contributes to increased monoculture planting, which in turn reduces native planting practices.
She said she understands why hyper-hygienic seed cleaning processes are put into place, however, in doing so, she said these intensive practices can strip away the natural qualities and characteristics of the seed and plant.
Kadonaga said almost all seeds are owned by very large companies, dictating the type of seeds that are available and contributing to monoculture.
“Because of that, we’ve lost hundreds of species just in our heirloom vegetables that are propagated and passed on,” Kadonaga said.
She said this puts native plant growers at risk, as monocrop planting makes native plants more vulnerable to diseases, pests and extreme weather. It creates a situation where monoculture crops and native plants are competing to thrive in the same ecosystem.
As an effort to combat this, Kadonaga said she and others in the native plant community collect seeds from various areas, families, and organizations to ensure they’re not getting just one genetic type. They also make sure to collect no more than 10% to leave enough for wildlife and natural propagation.
“The loss of biodiversity increases the risk of things, especially when having extreme changes of weather and climate” Kadonaga said. “The more diversity you have of something, the more possibility of it surviving.”
She said cultivated relationships between plants, pollinators and wildlife are especially at risk when creating cultivars and nativars – plants selectively bred for specific characteristics from both native and non-native species.
According to Kadonaga, this process removes hundreds of years of evolution in plant-pollinator and plant-wildlife interactions. For example, bees will suddenly stop visiting a plant for the pollen they need to collect and feed their offspring, threatening their survival.
“The plant has changed and is no longer of use for them, but it’s prettier for us,” Kadonaga said.
HB 364 also removed milkweed from Ohio’s noxious weed list, as the common milkweed and swamp milkweed are native to the state. According to Kadonaga, milkweed is the main food source for monarch butterfly caterpillars, an endangered species.
“We’ve lost 90% of the population of our monarchs and we can’t grow the one thing it needs to survive to prevent it from going extinct,” Kadonaga said.