18. Understanding Seed Laws and Regulations

By Jan Spears and Randy Weisz

Seed selection is an important step in profitable small grain production. The variety selected and the quality of the seed planted will influence yield, grain quality, and ultimately farm profits. In addition to determining what to plant, growers need to carefully consider where they purchase seed. Recently, changes in federal and state seed regulations make some seed sales illegal. It is, therefore, important for growers to be familiar with laws and regulations that govern seed sales.

PLANT VARIETY PROTECTION

A variety when developed may be protected under the Plant Variety Protection Act (PVPA). PVPA protects a new variety by giving the developer legal control over seed production and sales. Protection is not mandatory, but most seed companies and many universities protect new variety releases.

Under the 1970 PVPA, a grower may save seed of a protected variety for planting purposes. However, the amount of seed a grower can legally save is limited to the amount needed to plant his or her own holdings. Holdings are land owned, rented, or leased. If farm plans change, that saved seed may be sold. The total of the amount planted and the amount sold, however, cannot exceed the quantity of seed needed to plant back on the farmer’s own holdings. This regulation holds for varieties protected before April 5, 1995.

In 1994, Congress amended the PVPA. The 1994 PVPA, like the original Act, allows a farmer to save enough seed of a protected variety to plant his or her own holdings. However, the saved seed may not be sold for planting purposes unless the farmer has permission from the variety owner. This regulation holds for varieties protected on or after April 5, 1995.

TITLE V OF THE FEDERAL SEED ACT

Varieties released under PVPA may have additional protection. Title V protection mandates that varieties sold by variety name must be sold as a class of certified seed (either as Registered or Certified seed). To meet these requirements, North Carolina growers must apply to the NC Crop Improvement Association and meet all certification requirements.

NORTH CAROLINA SEED REGULATIONS

A North Carolina seed regulation went into effect on February 1, 1996. It stipulates that wheat seed must be sold by variety name. No “Variety Not Stated” wheat seed sales are allowed. If a farmer has wheat seed of unknown origin, genetic composition, or if a single specific variety cannot be identified, that grain may not be sold for planting purposes, regardless of the intended crop use.

CONCLUSIONS

New varieties can be released under several different options which dictate a farmer’s legal right to save and/or sell seed of these varieties. Listed below are six varietal release options. Farmers should understand their rights and responsibilities under federal and state laws.

1. Unprotected: No limit on how much seed a farmer can save and sell. However, wheat must be sold by variety name. All seed sales must adhere to NC State Seed Laws and a seed dealer’s license may be required.

2. PVPA 1970 & No Title V: A farmer may save enough seed to plant back on his or her own holdings. If farm plans change, that saved seed may be sold for planting purposes. Sales are limited to the amount of seed saved to plant the farmer’s own holdings and must meet all state regulations. Wheat must be sold by variety name.

3. PVPA 1994 & No Title V: A farmer may save enough seed to plant back on his or her own holdings. That saved seed may not be sold without the permission of the variety owner.

4. PVPA 1970 & Title V: A farmer may save enough seed to plant back on his or her own holdings. If the crop produced is barley, oats, rye, or triticale that saved seed may be sold for planting purposes. If sold by variety name the seed must be sold as a class of certified seed. Wheat must be sold by variety name in North Carolina and Title V protection requires seed sold by variety name to be sold as a class of certified seed. The wheat seed saved can only be sold for planting purposes if the NC Crop Improvement Association has issued a certification tag.

5. PVPA 1994 and Title V: A farmer may save enough seed to plant back on his or her own farm. However, no seed can be sold without the permission of the variety owner. If permission is granted, certain limitations may apply. Wheat must be sold by variety name and Title V protection requires seed sold by variety name to be sold as a class of certified seed. Unless the seed saved by the farmer has been approved for certification and received a certification tag, that seed may not be sold for planting purposes.

6. Patented varieties and genes: If the variety is patented or has a patented gene, no seed may be saved for planting purposes and no farmer seed sales are permitted.

It may be a violation to custom-clean or condition seed of protected varieties. Custom cleaners should take appropriate steps to ensure against litigation. These steps are outlined in AG-543, Limiting Infringement Liability for Handling Protected Seed Varieties, which can be found at http://www.ces.ncsu.edu/resources/crops/ag543/.

Table 18-1, which gives the levels of protection of various wheat varieties, follows.

Table 18-1. Level of Protection of Wheat Varieties

This file is a chapter from Small Grains Production Guide, 2004-05. Recommendations for the use of agricultural chemicals are included in this publication as a convenience to the reader. The use of brand names and any mention or listing of commercial products or services in this publication does not imply endorsement by the NC Cooperative Extension Service nor discrimination against similar products or services not mentioned. Individuals who use agricultural chemicals are responsible for ensuring that the intended use complies with current regulations and conforms to the product label. Be sure to obtain current information about usage regulations and examine a current product label before applying any chemical. For assistance, contact your county Cooperative Extension Center.

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Published by

North Carolina Cooperative Extension Service

Distributed in furtherance of the Acts of Congress of May 8 and June 30, 1914. North Carolina State University and North Carolina A&T State University commit themselves to positive action to secure equal opportunity regardless of race, color, creed, national origin, religion, sex, age, or disability. In addition, the two Universities welcome all persons without regard to sexual orientation. North Carolina State University, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating.

9/04—3M—JMG (Revised) AG-580

EO4-43980

Last Revised Sept. 2004