PVP
LEVEL
What does it mean to producers?
It
is very important that you check the description
of the variety for the level of protection.
- Variety
not Protected by PVPA - No limit on how much seed a farmer
can save and sell. Seed sold commercially must be sold by variety
name.
- U. S.
Protected Variety thru Certification (PVPA 1970 title V) -
to be sold by variety name only as a class of certified seed.
A farmer may save enough seed to plant on his or her own farm
holdings. If farm plans change, the farmer may sell the saved
seed, but only the amount saved to plant his or her own holdings.
No farmer saved seed can be sold unless certified by the Seed
Certification Agency in the state where it is grown. (In Texas,
that agency is the Texas Department of Agriculture.)
- U. S.
Protected Variety (PVPA 1970 and no title V) - A farmer may
save enough seed to plant on his or her own farm holdings. If
farm plans change, the farmer may sell the saved seed, but only
the amount saved to plant his or her own holdings. All seed must
be sold by variety name.
- U. S.
Plant Variety Protection Applied for under the 1970 PVPA law and
may be thru title V or not.
Application for protection is pending, but same rules apply.
- U. S.
Protected Variety (PVPA 94 and no title V) - A farmer may
save enough seed to plant on his or her own farm holdings. Saved
seed may not be sold without permission from the variety owner.
- U. S.
Protected Variety (PVPA 94 and title V) - to be sold by Variety
name only as a class of certified seed. A farmer may save enough
seed to plant on his or her own farm holdings. No seed may be
sold without permission from the variety owner. If permission
is granted, seed must be sold as a class of certified seed.
- U. S.
Plant Variety Protection Applied for PVPA 94
- may be thru title V or not. Same rules apply.
- U. S.
Plant Variety Protection (PVPA 94) is expected to be applied for.
Until official notice is received, the variety has no protection.
It is the grower's responsibility to determine current status
of the variety.
Under
both the original PVP law and the 1994 PVP law, it is an
infringement to Clean, Bag, or Store farmer saved
seed if the quantity exceeds what the farmer can legally save
for planting purposes. The conditioner can be held liable for
PVPA infringements.
If a variety
is PATENTED OR CONTAINS A PATENTED GENE (Roundup Ready,
best example) a farmer may not save any seed for planting purposes.
A CUSTOM CLEANER-CONDITIONER MAY NOT CLEAN ANY SEED OF PATENT
PROTECTED VARIETIES. To do so is an infringement of the
patent.
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