20 THE CAAR COMMUNICATOR moved to another recipient. “It’s the transfer of seeds between farmers that causes things to come off the rails,” pointed out Hyra. He added that cereals, more than other seeds, have had their own negative history of being illegally moved around from one farm to another. “It’s just something we have to keep in mind—under PBR (Plant Breeders’ Rights) rules, you are not allowed to sell seed unless you are authorized to,” he said. Even the trading of or giving the seed away is considered “a sale” under the PBR rules. “Plant Breeders’ Rights are hardly a new phenomenon; they’ve been around for 30 years, with nine of those years under the jurisdiction of the “new rules.” It’s under these broader, more recent rules that can place not only the seller in a bind, “but the purchaser, processor, construction company—anyone who has been involved in facilitating the movement of the seed can be held liable,” he explained. “It’s awkward and no fun to be in the middle of these, which is why we wanted to provide more education on the subject matter so that people understand that pretty much every seed is protected if it’s newer than 20 years old. For those old enough to recall, Hyra related the transferring of seed as akin to people back in the 1970s and ‘80s making mixed music cassette tapes where the artist gets no financial benefit from the new owner. While the music industry has done a good job of educating people—for the most part—not pirating music, there are systems in place to provide financial compensation back to artists. “And within the seed industry, this is very much the same thing we are trying to move forward.” It is important to note that even if the variety is not named a PBR-protected variety, is still protected. As Hyra pointed out, it is the genetics that are protected so regardless of what you call them or if it is a “common seed” the material is still protected and can only be sold by an authorized seller. Purchasers need to keep in mind that it is no longer just the seller that is liable—they too can be responsible for damages—the best way to ensure you are on the right side of the law is to buy certified seed from an authorized seller. “It’s about making sure everyone is paying their way and that the breeders are incentivized to continue to invest in the marketplace in whatever crop or area of Canada they are choosing to operate,” Hyra noted. “In cereals, in particular across Western Canada with some crops—like Durum Wheat, for example—it would have about nine percent certified seed usage. That’s it,” said Hyra. “When you are dealing with corn or canola, you are probably dealing with about 99 percent.” “If it wasn’t for public breeding programs at the University of Saskatchewan and Agriculture Canada in Swift Current, no one would be developing new varieties.” Hyra said that even though he’s not concerned about Canadian retailers being the ones breaking the rules, he wanted to specifically reach out to the retailers because they are on the frontlines and should be the educators to their customers on behalf of the seed breeders. “If they are selling certified seed, then we want them to inform their customers about their obligations to the seed industry,” stated Hyra. “It’s to educate their customers in several ways—it’s not just “don’t do it,” it’s the “why,” as in why they shouldn’t do it, understanding why it’s important that developers continue to invest to move the crop forward, to make sure they are keeping up with diseases and pests, and keeping Canada competitive.” Hyra said that he recently came across an individual selling one of SeCan’s protected winter wheat varieties. He said he had asked his local elevator manager if it was okay, and was told yes. “But, it’s not. Retailers need to know the rules so they can guide their customers.” Some particular products have stewardship requirements and use agreements in place, Hyra said. “Over here ChristinaPrinn/ iStock/Getty Images Plus photo PROTECTING CANADIAN COMPETITIVENESS
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