February 01, 2008 12:52 pm
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The Minnesota Department of Agriculture is alerting farmers about the possibility of purchasing illegal small grains seed this spring.
Commissioner Gene Hugoson said current high crop prices may create a tempting situation for illegal sales or “brown-bagging” of crop seeds. Farmers or others may unknowingly buy or sell seed illegally.
“We want farmers to understand their rights to save seed and to protect them when they purchase seed,” Hugoson said. “It’s illegal to brown bag seed, and those engaged in this practice can face significant penalties.”
Many popular varieties of agricultural crops are protected by the U.S. Plant Variety Protection Act. Most PVPA protected varieties may only be sold as certified seed by seed dealers who are approved to handle certified seed. The unauthorized sale of protected varieties for reproductive purposes by unauthorized sellers, a practice commonly referred to as brown-bagging, is prohibited by federal law. The PVPA does provide farmers with the “right to save seed” to plant on their own farm.
Violators of the Plant Variety Protection Act may be fined and face substantial civil penalties. These fines can extend to the conditioner, seller, buyer and anyone who assists in the unauthorized sale of protected varieties.
All seed offered for sale in containers or in bulk for sowing purposes in Minnesota must have attached a seed label containing the information required by the Minnesota Seed Law (Minnesota Statutes, section 21.82). Proper labeling is the responsibility of the person or firm whose name appears on the label as the labeler. There are no exceptions to this requirement.
Seed buyers are advised to buy seed only from a reputable source, to never buy seed that isn’t labeled and to keep a copy of the label for each lot of seed purchased. Seed sellers must be licensed to sell the variety of seed they plan to market. They must label seed completely and accurately and keep records of each lot sold.
To learn more about the seed laws and the rights to buy and sell seed, visit the MDA website at www.mda.state.mn.us/licensing/grainseed/fsmsrp.htm or call (651) 201-6123.
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