Many varieties are protected with the Title V option and can only be sold as a class of certified seed. Certification permits a person in possession of the variety to sell it as a seed product, unless the owner of the variety places specific restrictions on the sale of the variety. Varieties that require certification are identified in the variety listing of this publication.
If a variety is not protected with the Title V option, the owner of the variety still has the exclusive right to determine who can produce and market the variety as a seed product.
A majority of the varieties are now protected under the 1994 amendments of the Plant Variety Protection Act. Varieties protected under the 1994 amendments do not allow for an exemption that would allow the limited sale of uncertified or unauthorized seed that existed prior to the 1994 amendments.
The Plant Variety Protection Act allows purchasers of authorized seed the right to save seed from the production of that “authorized” seed and plant it back on their own farm for an unspecified period of time. The right to use saved seed is applicable only if the initial purchase of the variety was with the authority of the owner of the variety or was originally acquired as a class of certified seed.
The listing of protected varieties in this publication is not an official list. It is the responsibility of the buyer or seller of any seed product to determine the protected status of the variety. It is illegal for anyone to purchase “grain” of a protected variety and utilize it for planting purposes.