With spring planting beginning in many areas of the state, many producers are finding it difficult to find seed of the varieties they desire. The problems caused by Fusarium head blight (scab) in small grains in 2005 has created a large demand for public and private varieties that provide a high level of tolerance to the pathogen, according to Steve Sebesta, North Dakota State Seed Department deputy commissioner. Wheat varieties, such as Alsen, Glenn and Freyr are in high demand and sales reportedly have been brisk.

The North Dakota State Seed Department has received a number of calls from individuals inquiring whether they legally may sell or purchase certain varieties and what restrictions may be in place.

Most of the calls have dealt with the desire to sell seed of varieties that are protected under the Title V provision of the Plant Variety Protection Act.

"According to federal law, all varieties protected by PVP Title V only may be sold by variety name and as a class of certified seed," Sebesta says. "A number of individuals have inquired whether seed from a field that was not inspected by the North Dakota State Seed Department during the previous production year now could be certified and sold as seed. The short answer is no. In order to be legal for sale, a variety protected by PVP Title V must be certified by an official state certifying agency."

Certification requirements vary by crop, but there are two key components to producing certified seed. First, the production field must be inspected by a North Dakota Seed Department inspector during the growing season. Providing the field passes inspection, a representative sample of clean seed must be tested at the department lab to determine whether the seed lot meets the minimum standards for purity, germination, and in some cases, seed-borne diseases. Seed lots that meet or exceed these standards then may be labeled as certified seed.

"Violations of PVP laws can result in fines of up to $5,000 per violation," Sebesta says. "Additionally, variety owners may seek compensation up to three times the damages, which include the value of the seed sold and the value of the crops produced from the illegally sold seed. That multiplying effect can result in hefty fines. It also is illegal for seed conditioners to knowingly clean seed of a protected variety for unauthorized propagation."

Most crop varieties released today are protected by PVP Title V, so it is important for producers and sellers to confirm the PVP status of a variety before buying or selling a specific variety. A certified seed tag or bulk certificate is the buyer's assurance that the seed conforms to the field and seed standards of the North Dakota State Seed Department and is legal for sale.

For more information about plant variety protection or to check the PVP status of a variety, call the North Dakota State Seed Department at (701) 231-5400.