Source: Saskatchewan Agriculture and Food

The following FAQs are intended to clarify how Plant Breeders’ Rights (PBR) and the Seeds Act impact the sale and transfer of seed.  

What is the basic difference between PBR and the Seeds Act?

PBR is intended to provide companies and institutions that invest in plant breeding with a mechanism by which they receive fair return (i.e. royalties) for their investment in variety development.  The Seeds Act pertains to issues such as the use of variety name, grading factors and the pedigreed seed system.

PBR Issues

Are all varieties protected under PBR?

No.  Variety developers or owners decide whether or not they will apply for PBR.  For PBR status, please contact the Plant Breeders’ Rights Office at (613) 225-2342.  A complete listing of PBR status for all crop kinds can be found on their website at http://www.inspection.gc.ca/english/plaveg/pbrpov/pbrpove.shtml.

How are plant breeders compensated?

Sale, trade or any other transfer of seed for propagation is prohibited without the written permission of the breeder or their agent, and payment of a royalty.

Can farmers save seed for their own use on their own farm?

PRB legislation provides producers the opportunity to save some grain as seed for their own replanting purposes.

Can producers sell or trade seed as common grade without meeting PBR requirements (permission and royalty)?

No.  Producers cannot sell or trade seed of a protected variety without meeting PBR requirements, even if it is common grade.

If grain is several generations past the pedigreed system, and is intended to be sold as ‘uncleaned’ (not meeting even common grade requirements), can producers sell or trade for seed without paying royalties? 

No.

Who enforces the PBR Act?

Although the Act is administered by CFIA, rights conveyed under the act are enforced privately by the industry.  A group of companies have formed the Canadian Plant Technology Agency (CPTA), whose mandate is to educate and help enforce the PBR of member companies.  The CPTA can be contacted at 1-888-450-4116

Seeds Act Issues Pertaining to Common Grade or Uncleaned

Can producers sell, trade or barter seed using the variety name?

No.  Variety names for seed can only be used for pedigreed seed classes.

Can the seller use a variation of the variety name, such as AC Barry instead of AC Barrie?

No.

Can the seller say “grown from variety XYZ”?

No.

Can the seller use variety descriptors, such as strong gluten durum or solid stem spring wheat?

Yes.

If it is sold as common grade, does it have to meet certain grading requirements?

Yes, there are common grade requirements.  Grading factors (tables) for various crops can be obtained from CFIA.  These grade standards are established under the Seeds Act and are not the same as those used by the Canadian Grain Commission.

Can anybody grade to common grade?

Yes.  The pedigreed system requires licensed graders, but anybody can grade to the common grade standard.

Does the seller need to state the germination level, or can they simply state that it is ‘high germination’, for example?

The germination level does not need to be specified, but the seed lot must meet the grading requirement.  The buyer can ask for germination test results within one year of purchasing the seed.  The seller must provide this information within thirty days of receiving the request.

Is there a time limit between the date of the germination test and the date of sale of the seed?

There is no expiry date on the certificate of analysis, but the seller must ensure that the grading requirements are met.

Can seed be sold ungraded?

Yes, seed can be sold as ‘uncleaned’.  In this category, germination, purity, weed seed count, and any other grading factors are not considered.  Documentation accompanying the shipment should show that the seed is ungraded and is being sold for the purpose of conditioning.

Other considerations

In addition to the above pieces of legislation, producers should be aware of any contractual obligations that they may have entered into.

For further information, please contact:
Saskatchewan Agriculture and Food, Agriculture Knowledge Centre - 1-866-457-2377
Gord Berg, Canadian Food Inspection Agency - (306) 975-4869
Blaine Recksiedler, Saskatchewan Agriculture and Food - (306) 787-4664