Confusion remains among farmers on what to declare when it comes to farm-saved seed, while many growers question why royalty payments are necessary.

We spoke to The British Society of Plant Breeders (BSPB) for a quick refresh on the dos and don’ts of farm-saved seed and find out the importance of seed declarations in the development of new varieties.

See also: The importance of larger seed sizes for farm-saved seed

What does the farm-saved seed legislation state?

Under section 9 of the Plant Varieties Act 1997, it is a requirement for farmers to declare use of farm-saved seed from protected varieties and pay for the use of eligible varieties.

Plant breeders’ rights give the breeder legal rights over certain plant varieties they have developed and allow them to charge royalties for the use of “protected” varieties.

BSPB chief executive Sam Brooke explains: “Farm-saved seed legislation looks to maintain traceability and quality within UK seed production.

“It ultimately aims to protect the buyer and fund research and development of breeding for improvements in UK agriculture.”

Which crops are covered by the rules?

Farm-saved seed from wheat, barley, oilseed rape, oats, triticale, field peas, field beans, linseed, rye and potatoes (see Potatoes panel for more information) are all affected by the legislation.

“The declaration of any protected variety is payable upon drilling, regardless of whether it is part of a blend, cover crop or a failed crop,” continues Sam Brooke.

“The BSPB is keen to remind growers that yield, and whether the variety makes up part of a blend or cover crop, does not affect the need to make a declaration.”

Where a blend or cover crop that includes a protected variety is sown, the grower must declare the ratio of seed in the blend.

This percentage can be used in conjunction with the seeding rate to calculate the payment needed for using the blend.

Volunteer crops fall under the farm-saved seed rule, while the legislation excludes hybrid varieties which means they may not be farm-saved.

Saving seed from hybrid varieties not only goes against current legislation but can lead to variable offspring, reduced yields and loss of agronomic characters.

Where do royalty payments go?

Royalty payment rates are calculated according to an agreement between BSPB and the NFU and are subject to change each year.

The payments are returned to the breeder of the variety to support continued investment in improved varieties, bred for UK conditions. BSPB operates as a not-for-profit organisation.

By breeding new varieties, UK agriculture contributes to improving yields, crop performance and developing more resistant cultivars.

For example, investment in plant breeding has led to the development of higher performing varieties that are more resilient to UK growing conditions.

An independent study by the HFFA found that without the contribution of plant breeding over the past 20 years, all major arable crop yields across UK farms would be down 20%.

“About 20-22% of a breeders turnover is put back into research and development.

“This is a very high percentage of turnover and farmers have seen the benefits of new varieties, increased yield and improved disease resistance.

“If every farmer cuts corners and does not pay royalties, this research can soon dry up,” she says.

Can you sell or share farm-saved seed?

“It is illegal to sell, buy, barter or share farm-saved seed,” warns Sam.

farm-saved seed can only be planted on the holding on which it was produced which is why farmers cannot sell, buy, barter, or otherwise transfer farm-saved seed outside their own holding.

A farm’s holding may have more than one farm – so long as all holdings are managed as the same business, farm-saved seed is permitted to be shared.

“It’s important to note, we are not against farmers using farm-saved seed – we are very much in favour,” says Sam.

“Many farms produce high-quality seeds which can bring benefits to growers. However, the key is not switching seed between holdings, to protect the variety.

“This comes back to maintaining traceability and quality of seeds,” she says.

How are payments made?

Farmers can quickly and simply declare and pay online or receive a paper declaration form.

When declaring online there is an option to go paperless and receive future FSS declarations by email.

“If there is any uncertainty the BSPB team is on hand to help and offer guidance on how to calculate and declare all varieties of farm-saved seed,” she says.

Is there a small farmer exemption?

Small farmer exemption applies if the area of land is large enough to produce less than 92t of combinable crops or less than 185t of potatoes per harvest.

Small farmers are exempt from payment, but not from declaration, and are contacted every five years by BSPB. If you think you are eligible, please contact the organisation.

Can a contractor declare for me?

Where a landowner employs a contractor to farm their land the responsibility to return the farm-saved seed declaration remains with the landowner, unless the contractor has agreed to declare on behalf of the landowner.

Do I need to declare if I have paid a processor?

Processors who collect farm-saved seed payments for BSPB do not pass on details of work for individual farmers, so the organisation asks for declarations to ensure records are up-to-date.

Can feed grain be sown?

No – it is against the law to use any bought-in grain to establish a crop.