These notes provide general information on the main elements of the rules surrounding farm-saved seed. If you are in any way unsure about your own situation, please contact the BSPB Farm-Saved Seed Helpline on 01353 653209 for Combinable Crops or 01353 653208 for Potatoes.
- Farm-saved seed is defined as seed planted on a farmer's own holding using material harvested on his own holding. By law, farm-saved seed can only be planted on the holding on which it was produced. Farmers cannot sell, buy, barter or otherwise transfer farm-saved seed outside their own holding for subsequent re-planting.
- 'Own holding' means any holding or part of a holding which the farmer actually exploits for crop production, whether as his own property or otherwise managed under his own responsibility and on his own account.
- A holding is not necessarily a single unit. Two or more separate farms owned by the same farmer would together be the 'own holding' of the farmer, and farmsaved seed could legitimately be moved between them.
- Where a farmer owns one farm and rents another which he employs someone to manage for him, the farms together represent his own holding and farm-saved seed could be moved between them, provided the success or failure of the rented farm is the farmer's responsibility.
- If a farmer transfers his farm to another farmer, the obligation to declare and pay for the use of farm-saved seed transfers to the new owner when the land is transferred.
- Farm-saved seed rules are implemented under EU and UK law. Farmers are legally obliged to declare their use of all farm-saved seed, and to pay for the use of eligible varieties.
- Farm-saved seed rules cover the following crops: Wheat; Barley; Oilseed Rape; Oats; Triticale; Field Peas; Field Beans; Linseed; Yellow Lupins; Potatoes.
- For combinable crops, most farm-saved seed payments are currently collected via NAAC or BSPB registered seed processors, and will be documented as a component of the processing invoice. Farmers should retain this documentation as proof of payment for their use of farm-saved seed.
- For combinable crops, if any payment for the use of farm-saved seed has not been made via a registered processor, for example if it has been self-processed or sown straight from the barn, farmers must declare their use of that seed and make any payment due direct to BSPB using this declaration form.
- The legal requirement for farmers to declare their use of all farm-saved seed, and to pay for the use of eligible varieties, is attached to the Intellectual Property rights (Plant Breeders Rights) contained in each variety, and applies whether seed has been processed or sown straight from the barn.
- Small farmers are exempt from the requirement to declare and pay for the use of farm-saved seed. If you are a small farmer receiving this declaration form please notify BSPB. This will help avoid any further inconvenience on your part.
- All farm-saved seed payments are subject to VAT at the standard rate. Please ensure you have included VAT in any payment returned to BSPB.