New Law Takes Steps Against "Brownbagging" Seed
By Tracy Sayler, Communications Specialist, Minnesota Assn. of Wheat Growers & Minnesota Wheat Council
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Prairie Grains is the
official publication of
the Minnesota
Association of
Wheat Growers,
North Dakota Grain
Growers Association,
South Dakota Wheat,
Inc., and the
Minnesota Barley
Growers Association.
Jim Swanson, seed regulatory supervisor, N.D. State Seed Department, Fargo, says the stronger PVPA will encourage development of new varieties by ensuring an adequate return on investment to breeders and developers.
Further, he says it will encourage an international market for seed by ensuring protection for developers in other countries and give U.S. producers better access to varieties developed worldwide.
HOW CHANGES AFFECT FARMERS
A farmer exemption in the old PVPA allowed farmers to sell up to 49.9 percent of protected seed to other farmers, provided the seed is labeled and not advertised. This practice may continue for many protected varieties developed before April 3, 1995, as they are exempted from the new law.
However, for varieties receiving protection status after April 3, 1995, the revamped PVPA will prohibit nationwide the unauthorized sale of protected varieties by producers to other producers, a practice commonly referred to as "brownbagging."
Retained in the law is the "saved seed" provision, allowing growers who purchase a variety -- under the authority of the owner -- the right to replant the progeny of that seed on their own farm for an unlimited period of time.
A farmer may still sell crops grown from seed of a protected variety for non-reproductive purposes, such as food and feed.
However, a buyer of a protected variety for use in non-reproductive purposes may not convert the grain to productive purposes. In a farmer-to-farmer sale for non-reproductive purposes, notice must be given to the buyer that the variety is protected.
LAW EXTENDS TO CONDITIONING, HARVEST
Now included as an infringement of the PVPA is KNOWINGLY conditioning seed for unauthorized propagation.
Example: a grower brings 5,000 bushels of a protected variety to a seed cleaner for conditioning. The conditioner has knowledge that the grower farms only 1,000 acres, and there is likely an excess of 3,000 bushels being conditioned that the producer cannot use on his own farm in the next growing season. If the excess is sold and an infraction proved, the conditioner may be held as partially liable.
Further, protection now extends to a harvested crop produced from illegally acquired seed.
Example: A producer buys enough "brown bag" seed to plant 100 acres. The grower produces 4,000 bushels of grain from the planted brown bag seed. The owner of the protected variety could recover damages based on the 4,000 harvested bushels.
The seed conditioning and harvested material stipulations both apply for varieties granted protected status after April 3, 1995.
EXAMPLES OF PROTECTED VARIETIES
Many public varieties in North Dakota are unprotected and may still be sold from farmer to farmer, including Grandin, Butte 86, and Amidon. However, the former Pioneer varieties, 2375, 2370, 2371, now owned by the NDSU Research Foundation, are protected.
Kulm, NDSU's new spring wheat variety that will be released this winter and next spring, will be protected under the new PVPA amendments, says Swanson.
In Minnesota, many public and privately-developed varieties are protected, and cannot be advertised or sold by variety name unless they are certified.
Protected barley varieties include Robust, Excel, and Stander. Protected wheat varieties in Minnesota include 2369, 2370, 2371, 2375, Bergen, Dalen, Marshall, Minnpro, and Vance.
There are more protected wheat and barley varieties than what is listed above, and there are protected varieties of other crops as well.
For more information, contact the Agronomy Services Division of the Minnesota Department of Agriculture at 1-800-967-AGRI or 612-296-1234; the Minnesota Crop Improvement Association at 612-625-7766, or the North Dakota State Seed Department at 701-239-7210.