What seeds are illegal to save?

Written by
Paul Reynolds
Reviewed by
Prof. Samuel Fitzgerald, Ph.D.Most restrictions on seed saving apply to patented hybrids and genetically engineered varieties. Such legal restrictions are imposed to protect the intellectual property of plant breeding ventures while also preserving a steady influx of genetic material for more extensive cross-breeding. Most gardeners are freely permitted to save heirloom seeds, whereas contracts often prohibit the saving of commercial hybrids. Always check the terms on seeds before saving.
Plant patents and utility patents present the main legal barriers. Hybrid seeds such as F1 tomatoes or corn carry Plant Variety Protection certificates. Genetically engineered crops such as Roundup Ready soybeans carry utility patents. I bought strawberry plants that were under patent and had to learn the hard way about restrictions on propagation.
Examine seed packets for specific terms that prohibit saving. Look for phrases such as “PVP protected,†“patented variety,†or “unauthorized propagation prohibited.†Some companies will allow home gardeners to save seeds, but not sell them commercially. When in doubt, contact the seed company and inquire about their policy.
Hybrid Seeds (F1)
- Legal status: Often protected by PVP certificates
- Restriction: Propagation for sale prohibited
- Example: Many commercial tomatoes and corn
- Note: Saved seeds won't breed true to type
GMO Varieties
- Legal status: Protected by utility patents
- Restriction: Any propagation prohibited
- Example: Roundup Ready crops
- Enforcement: Strictly monitored by manufacturers
Open-Pollinated Heirlooms
- Legal status: Generally unrestricted
- Restriction: None for personal use
- Example: Cherokee Purple tomatoes
- Note: Some may have trademarked names only
Emphasize unregulated options such as heirloom varieties for seed saving. Seed Savers Exchange and other organizations maintain vast collections of heirloom varieties. Participate in seed swap networks that adhere to laws governing intellectual property while preserving genetic diversity in home gardens.
Legal repercussions for violations can include cease-and-desist letters or substantial fines. While enforcement against home gardeners is rare, commercial growers face tough penalties. Support ethical seed companies that breed open source varieties specifically for seed savers.
Read the full article: Seed Viability Test Guide: Ensure Your Seeds Grow