Canada
June 2021
Source: The Grain Exchange - Spring 2021 Newsletter
by Dr. Sheri Strydhorst, Agronomy Research Specialist | Alberta Wheat and Barley Commissions
Have you ever been asked to sell “just 500 bushels of ‘feed wheat’ seed” to a neighbour who does not have livestock? A question like this should set off alarm bells. Many farmers have heard about the recent, “Largest Plant Breeders’ Rights (PBR) settlement in Canada” between a large farming operation in southern Alberta and three seed distribution companies. In this settlement, a large farming operation in southern Alberta had to pay a cash settlement of $737,597 compensation for royalties, legal and investigative costs.
The value of this cash settlement elevates PBR infringement to a new level, but it highlights the need for greater education across the value chain. Knowledge of PBR obligations is your best protection.
It has never been legal to sell farm-saved seed of PBR protected varieties. Most wheat and barley varieties grown in Canada are protected under Canada’s current Plant Breeders’ Rights legislation PBR 91 or Canada’s previous legislation PBR 78. This PBR protection is not unique to Canada, in fact PBR91 now aligns Canada with legislation that the rest of the world adopted 24 years after the signing of International Union for the Protection of New Varieties of Plants (UPOV91). Varieties protected under PBR91 and PBR78 are identified in the Alberta Seed Guide with the and symbols, respectively.
If a variety you are growing is protected under PBR legislation, you have obligations when you purchase, save, store, clean and use the grain you produce as seed. Under PBR 91, it is an infringement to buy farm-saved (brown bagged) seed. Not only is the seller of brown bagged seed liable for damages, but buyers are also liable.
These are sensitive topics in the farm community, but the plant varieties represent massive investments of time, expertise and money. By following these simple steps, you will be protecting yourself and your farm:
- Know the varieties that you are buying by purchasing certified seed. Look for the blue certified seed tag. Keep the tag and invoices/ bills of sale. This is your proof that you acquired the seed with the authority of the breeder.
- If you save seed for planting in subsequent years (farm-saved seed), you can clean it, store it and plant it on your farm. However, keep the blue certified seed tag (from your initial certified seed purchase) in case you are asked to prove that the seed was legally acquired. Be aware that some patents or use agreements may prohibit seed saving if the variety carries other intellectual property protection, such as patents or use agreements.
It is also important for our research community to be aware of these legal requirements. Varieties and unregistered entries used in research trials may have PBR, and/or other contracts that dictate how grain produced from these trials is disposed. Any unused seed or grain harvested from research experiments must not be used as seed for any purpose. Unused seed and harvested grain from research trials must be disposed of in a manner that does not involve planting for any purpose. Unused seed and harvested grain from research trials must be: disposed of, fed to livestock, or delivered to an elevator to be sold as grain for any class the variety or bulked varieties are eligible for. All staff involved in handling harvested grain need to be aware of these restrictions.
More information about Plant Breeders’ Rights legislation can be found at pbrfacts.ca
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