Fargo, North Dakota
May 14, 2009
Source:
North Dakota State
University
North Dakota's state seed
commissioner, Ken Bertsch, cautions farmers to avoid potential
violations of state and federal seed laws in the purchase and
planting of protected seed varieties.
"Given the protection afforded nearly every seed variety used,
whether through Plant Variety Protection (PVP), PVP Title V or
other instruments, such as patents, it is important that growers
acquire seed through legal channels," Bertsch says.
As variety protection becomes the norm industrywide, knowledge
and adherence to seed laws becomes imperative for growers, seed
conditioners and producers who maintain stocks of protected
varieties of all types. Seed of protected varieties can be sold
only with approval from the variety owner. Varieties protected
by PVP Title V can be sold only as a class of certified seed.
Most cereal crops, soybeans and minor crops are protected by the
developer, whether a private company or university breeding
program.
"In general terms, unless the seed being purchased is
accompanied by a certified, registered or foundation class label
or comes from a reputable dealer with authorization from the
owner to market the seed, you shouldn't purchase and plant the
seed," Bertsch says. "Brown-bagged seed isn't worth the risk and
everyone involved in the transaction is a part of that risk
pool."
Brown-bagging, a term used to describe the practice of selling
unauthorized seed in transactions that are generally
farmer-to-farmer, is a violation of state and federal seed laws.
While a farmer is allowed to save and replant seed that has been
purchased legally, he or she cannot market that seed to anyone
else for planting purposes. Protected varieties cannot be sold
or exchanged unless produced and inspected under rules and
standards for the certified class or have been given
authorization from the variety owner and comply with state and
federal labeling laws.
"We learn of potential seed law violations every year, either by
regulatory inspection or tips from the industry," Bertsch says.
"We investigate these alleged violations in every case where
reasonable evidence exists and then levy administrative fines
when necessary."
The State Seed Department has authority to levy fines for
statutory violations ranging from $250 for simple labeling
infractions to $5,000 for violations of PVP laws. Additionally,
owners of varieties have the ability to file civil actions and
obtain triple the damages on the seed sold and on the grain
produced from the illegally planted seed. Major violations of
PVP and labeling laws have resulted in fines and fees upward of
$50,000.
Variety identification testing technology has improved. The
improvements give regulatory agencies more tools for enforcing
variety protection programs.
"For example, if a viable complaint of a PVP infringement comes
to us, we have the ability to test the plant tissue of some
crops to determine the variety," Bertsch says. "State law
requires that labelers (seed companies or growers) maintain seed
sale records and purchases for three years. A grower suspected
of violating the law may be asked to produce proof of purchase
and point-of-sale records. This isn't just about the seller. The
purchaser and conditioner of the seed also are at risk in terms
of infringement of the owner's intellectual property rights."
Brown-bagged seed damages the entire industry. The variety owner
or developer loses royalties that are used to develop new
varieties. The legitimate seedsman loses sales and revenue,
while the producer plants an illegal and inferior product.
"In these cases, everyone loses," Bertsch says. |
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