Straight From the Horse's Mouth

Duane A. Lienemann, UNL Extension Educator, Webster County September 18, 2009 Edition Many farmers are gearing up for the wheat planting season by readying their drills and preparing their fields. Most have probably decided what variety of wheat they are going to plant, and might be planning on using saved seed. Saved seed is acceptable for planting if proper precautions are taken to ensure quality and purity has been preserved. Producers already know that consideration has to be given to the viability of saved seed. Damage to seed can occur in the field, during transportation, and during storage. I think they are wise to have saved seed tested after harvest and again before planting to ensure germination. Storage, handling, and cleaning can also damage or reduce the viability and purity of saved seed. One easy way to reduce the risk of using saved seed is to have it tested before planting. Many have been feeling the crunch of the economy, which has farmers rethinking their business choices for this coming year. For wheat growers, this means deciding whether to save seed for next year or buy new. While using saved (bin run) seed may help cut initial costs, hidden risks exist that could hurt a farmer's yield in the future. Although saved seed may be viable, farmers have to make sure it is legal. I am not sure how many farmers even know about the legalities of planting wheat. In fact there is a law that has been around for many years that see to the legality of planting certain varieties of wheat. That law was put in place by the Plant Variety Protection Act (PVPA). I had not quite honestly heard too many people talk about this law even though it is listed under many varieties of wheat in at the Universities in Kansas, Nebraska and other states as well as individual companies such as AgriPro, Asgrow and WestBred. There has been a lot of discussion lately on this law and in fact what has got my attention is that many seed companies have started exercising their right to pursue retailers that sell seed illegally. They also can pursue the purchasers of illegal seed and request that they destroy the fields they have planted with this seed. Law suits have been leveled against wheat producers in Oklahoma, Kansas and South Dakota as well as other states. A farmer in Oklahoma settled with a $50,000 fine, a couple of brothers in Kansas were sued for illegal sale of Jagger and Santa Fe wheat as seed. The total amount of the settlement was $150,000. In July, South Dakota State University filed five lawsuits against farmers for brown-bagging seed it has developed and protected with patents under the Plant Variety Protection Act. I do not know of any at this time in Nebraska, but we certainly don’t want to see it here either. Let’s take a look at this law in a little more detail. While patents can be obtained on plants -- asexually reproducing plants have been patentable since an act of Congress in 1930 -- protection more often takes the form of a Plant Variety Protection certificate. These PVP certificates offer patent-like protection. This legislation was enacted in 1970 and amended in 1994 to promote the development of new varieties by allowing the variety owner to determine who may sell seed of the variety. Basically the law states that farmers may save seed for their own planting needs but are prohibited from selling any “farmer saved seed” without the permission of the variety owner. All seed sales must comply with state seed laws. This law applies to all varieties protected prior to April 4, 1995 and provides protection of the variety for 20 years. I suggest you check into your seed wheat and see if it complies to either the 1970 or 1994 law or one of the options listed under the law. The Plant Variety Protection Act allows farmers to plant seed that has been saved. However, this is only legal if the original crop was legally purchased. In the case of certified seed, the farmer must ensure his purchase was accompanied with a specific label. This label, found on the bag, invoice, or bulk sales certificate, verifies the transaction is legal. If the farmer doesn't get a label, the sale might be illegal. When planting patented seed, for example a Clearfield wheat, it might be illegal for farmers to save seed for the next year. Some patented seed comes with a contract that specifically states the farmer cannot save back seed. You can get more information on this topic at: http://www.farmersyieldinitiative.com. The bottom line is to be aware of these stipulations to avoid problems down the line. Plant Variety Protection specifically gives farmers the right to save seed that they've legally purchased. They can save that back as many generations as they want. They do not owe any kind of royalty on it. Farmers do that regularly, every year, and that's fine, but not for replanting. Those farmers are not allowed to sell (or even give away) the seed to others for replanting. The Plant Variety Protection Act was designed to promote the development of new plant varieties. Allowing plant breeders to determine who can sell seed of the varieties developed gives them the ability to insure that the farmers are getting a particular variety. It also allows the breeder to recoup some of the development costs usually through royalties and re-invests in future variety development programs. Farmers have to remember that a lot of time and money goes into certified seed to create new disease and insect resistance, and improve characteristics like yield. That helps insure that we continually get new and improved varieties that help the bottom line. Check with your UNL Extension Educator or directly contact the Nebraska Crop Improvement Association; or in Kansas, the Kansas Wheat Alliance or KSU for lists of wheat or for more information on PVP. Play it safe and make sure you are legal with your wheat seed. The preceding information comes from the research and personal observations of the writer which may or may not reflect the views of UNL or UNL Extension. For more further information on these or other topics contact D. A. Lienemann, UNL Extension Educator for Webster County in Red Cloud, (402) 746-3417 or email to: dlienemann2@unl.edu