Potential Seed Shortage Serves as Reminder to Farmers

The rise of spring wheat prices has been welcome for farmers, but it might put pressure on the availability of certified seed.  “High market prices have enticed some producers to sell seed to the elevator, which results in a reduction in available seed this spring,” says Steve Sebesta, Deputy Commissioner North Dakota State Seed Department (NDSSD).

Seed inventory management has become an important issue this winter because high commodity prices have many seed companies, independent seed producers and farmers questioning whether there will be a sufficient supply of good-quality seed available for planting in 2008, said Sebesta.  In response, the NDSSD is conducting a survey of small-grain seed producers to assist the seed industry with inventory management issues this spring. 

“A significant reduction in the inventory of legal seed could lead to illegal seed transactions that will have significant legal ramifications” Sebesta added.  “Tight inventories of popular varieties may entice some in possession of uncertified seed to risk selling it to neighbors or others as brown-bagged seed.”

Joe Magnusson, Regulatory Manager at the NDSSD, states that the Federal Plant Variety Protection Act (PVPA) “offers patent-like protection to varieties and encourages the development of new and improved varieties for growers.”  Since protected varieties must be sold as a class of certified seed, Magnusson feels the law “helps maintain genetic purity and quality of the seed,” commonly bringing higher yields.  “Brown-bagging,” a term referring to the sale of seed without proper authorization or identification, is not permitted.  

The Seed Department warns that violators of PVP laws may be fined up to $5,000 per violation and those fines can extend to the seller, the conditioner, the buyer or anyone who assists in the unauthorized sale of protected varieties. The developer of the variety also has legal recourse to additional fines for three times the damages and legal fees.  PVPA law states that protected varieties can only be sold by authorized seed growers and dealers.  Farmer-to-farmer sales are not permitted. Growers who have any questions regarding seed laws are encouraged to contact the state seed certification agencies. 

With the tight supplies, the NDSSD encourages seed producers to contact their customers soon to determine their planting intentions and seed requirements for 2008. Doing so early can help them determine how much seed to condition and certify for next planting season.  Likewise, farmers are encouraged to contact their usual seed dealer(s) to make sure they will have an adequate supply of the varieties they want to plant next year. Sebesta added that if necessary, growers should commit to an early order. It may be the best way to ensure getting enough seed of the variety they want, he felt.   

David Boehm, Regional Business Manager for AgriPro Wheat, feels the PVPA law shouldn’t be confusing. “After farmers purchase certified seed of a protected variety, the law allows them to save and grow the seed offspring on their own farms for as long as they wish. They just can’t sell or trade it as seed.”

Boehm stated that the PVPA “is essential to encourage the continued investment necessary to bring new and improved varieties of wheat to the market.” He added that “most farmers understand that to get new varieties and encourage private investment, plant variety developers’ rights need to be protected.” Certified seed undergoes field inspection and seed testing.  Boehm believes this is ultimately about quality control and making sure that farmers have a reliable and high quality seed source. 

According to Boehm, most farmers and seed suppliers abide by the federal seed law. His advice to farmers is, “if in doubt, ask for a tag on the seed you buy. A legal purchase of a PVPA protected variety will come with a certified seed tag or a bulk seed certificate. If a seed seller doesn’t have such a tag, it’s probably illegal seed.”

The entire seed industry, including both the public and private sector, are fast realizing that enforcing the existing laws is the way to encourage scientific investment into improved seed varieties that will result in higher yields, better disease resistance, and other trait improvements in future crops.  A group of private and public seed companies, research facilities, seed associations, and state commissions across many of the largest wheat producing states are supporting an educational push branded the “Farmers’ Yield Initiative”, or “FYI.”

The FYI campaign highlights research, education, seed certification, and the enforcement of intellectual property rights as authorized under the PVPA.  The campaign includes advertisements to educate farmers and the public of the economic and social value of seed certification and the PVPA.  The FYI ad campaign offers a toll-free telephone number for those who wish to report the illegal sales of PVPA protected varieties from unauthorized entities, including illegal farmer-to-farmer sales.  The toll-free number, 1-877-482-5907, allows for anonymous reporting.

State Seed Certification Agencies

ND State Seed
Department
701-231-5400

SD Crop Improvement
Association
605-688-4606

MN Crop Improvement Association
800-510-6242

Montana Seed Growers
Association
406-994-5121