Can farmers save seed for their own use on their own farm?
The Plant Breeders’ Rights Act 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 the Act’s requirements (permission and royalty)? No. Producers cannot sell or trade seed of a protected variety without meeting the Plant Breeders’ Rights Act 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 seed without paying royalties? No they may not. Who enforces the Plant Breeders’ Rights Act? Although the Act is administered by the Canadian Food Inspection Agency (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 plant breeders’ rights of member companies. The CPTA can be contac
