Public Notice: Enforcement Action, Violation of Plant Variety Protection

The North Dakota State Seed Department, acting as the seed regulatory authority for the State, has recently completed an enforcement action involving unauthorized transfer of protected seed varieties.

A Crystal, ND, farmer has paid penalties totaling $60,000 for violations of state and federal seed laws including the infringement of variety owner rights under Plant Variety Protection (PVP). The violations were discovered during a regulatory audit.

Seed Commissioner Ken Bertsch commented, "The Seed Department takes its responsibility regarding variety protection issues very seriously. A healthy, vibrant and profitable seed industry depends on variety developers, seed growers and retailers, and the agricultural public all following state and federal laws that protect variety owner's rights. The industry is also highly dependent on the orderly and legal transfer of seed technology."

"Farmers depend on the development of new and improved varieties of all crops for profitability in their operations. This cannot happen if variety protections are not honored or seeds are illegally transferred and misused. I liken illegal propagation as theft of property- everyone involved in the seed system from owner, to grower, to seller loses a sale as a result of seed piracy."

This case includes the largest seed regulatory penalty ever paid in the state of North Dakota. The Seed Department will continue to regulate and enforce state seed laws, and will notify variety owners of violations found by the Department during the course of regulatory audits and examinations.

Contact:

Ken Bertsch, ND State Seed Commissioner

701-231-5400

[email protected]