What are the rules around selling common seed to neighbors? Are the rules applied?
I note the US seem to be use certified seed or first generation seed from your previous years production. Neighbor to neighbor (at least for some varieties) sales of common seed is illegal.
Beginning quote.
Brown-bagging is Illegal --
The sudden interest in planting durum, to take advantage of the $1.50 higher loan rate, is causing some concern about seed availability. Ken Bertsch, Commissioner of the North Dakota State Seed Department, says there is a limited supply of certified durum seed. "There may be adequate durum seed out there, we simply don't know, but the bigger problem is timing," said Bertsch, "Guys are out seeding right now and all of a sudden, there's this massive interest in durum seed and with that comes plenty of potential problems." Bertsch says it usually takes ten days to get a germination test. The other concern is the issue of legality. The industry is protected by plant variety protection. Of the protected varieties, farmers can only purchase certified seed or replant their own seed that was purchased as certified, and those are really the only two things that can be done with protected varieties. Brown-bagging, or buying seed from a neighbor, carries up to a $5,000 fine for violating PVP laws, plus the owner of the patent can take farmers to court to get triple damages.
End quote.
I note the US seem to be use certified seed or first generation seed from your previous years production. Neighbor to neighbor (at least for some varieties) sales of common seed is illegal.
Beginning quote.
Brown-bagging is Illegal --
The sudden interest in planting durum, to take advantage of the $1.50 higher loan rate, is causing some concern about seed availability. Ken Bertsch, Commissioner of the North Dakota State Seed Department, says there is a limited supply of certified durum seed. "There may be adequate durum seed out there, we simply don't know, but the bigger problem is timing," said Bertsch, "Guys are out seeding right now and all of a sudden, there's this massive interest in durum seed and with that comes plenty of potential problems." Bertsch says it usually takes ten days to get a germination test. The other concern is the issue of legality. The industry is protected by plant variety protection. Of the protected varieties, farmers can only purchase certified seed or replant their own seed that was purchased as certified, and those are really the only two things that can be done with protected varieties. Brown-bagging, or buying seed from a neighbor, carries up to a $5,000 fine for violating PVP laws, plus the owner of the patent can take farmers to court to get triple damages.
End quote.
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