Is saving your own seeds illegal?
Is saving your own seeds illegal?
People starting a home garden often have that question. 🌱
The idea that "saving your own seeds equals illegal" is a major misunderstanding.
If you understand it correctly, almost all home gardening and farming using heirloom varieties can continue exactly as before. ✨
In this article, I will explain the question of whether saving your own seeds is illegal, which I researched as a beginner in agriculture. 🌿
First of all, what is "saving your own seeds"? 🌻
Reviewing the basics of saving your own seeds
Saving your own seeds means collecting seeds from vegetables or fruits you grew yourself and using them for cultivation the following year. 🫘
This was a common practice in traditional agriculture and is also the foundation of the culture that protects heirloom varieties passed down through generations. 🌾
For example, here is the idea:
🍅 Taking seeds out of a tomato and drying them
🌿 Saving seeds from the pods that form after a daikon radish blooms
🎃 Saving seeds that appear when you cut open a pumpkin
Rumors that such acts "might be illegal 😨" spread, and many people were confused around the time the revised Plant Variety Protection and Seed Act was enforced in 2022.
The difference between self-propagation and saving your own seeds 📖
The term "self-propagation" also comes up, but its meaning is a bit broader.
🌾 Saving your own seeds: Collecting seeds for storage and reuse
🌿 Self-propagation: Includes not only seeds, but also propagation using vegetative parts such as roots, stems, and leaves (e.g., sweet potato vine cuttings)
Legally, both are treated collectively as "self-propagation."
What kind of law is the Plant Variety Protection and Seed Act?⚖️
A law that protects the rights of plant breeders
The Plant Variety Protection and Seed Act is a law that establishes rules regarding seeds and seedlings of all agricultural crops, such as vegetables, fruits, grains, and flowers.🌸
When a newly developed variety is filed with the Ministry of Agriculture, Forestry and Fisheries and passes the examination, it is recognized as a "registered variety."📋
Once registered, the developer is granted exclusive rights (breeder's rights) for up to 25 years (30 years for trees).🏆
(Source: Ministry of Agriculture, Forestry and Fisheries, "About the Plant Variety Protection and Seed Act")
Why was the law amended?🔍
The trigger for the amendment was the issue of overseas outflow of Japan's prized brand agricultural products.🍇
The most famous example is the "Shine Muscat🍇".
Seedlings of this grape, which took many years to develop in Japan, were smuggled into China and South Korea, where they were mass-produced and sold.😔
Similar damage has spread to strawberries, cherries, apples, and carnations.
🍇 Shine Muscat → Outflow to China, South Korea, and Southeast Asia
🍓 Strawberries → Unauthorized cultivation in South Korea
🌸 Carnations and other flowers → Reproduced and distributed overseas
In response to this situation, the Plant Variety Protection and Seed Act was amended to ensure that developers can properly protect their rights.🛡️
The question of whether saving your own seeds is illegal💡
The conclusion is "not everything is prohibited"
This is the most important point.🔑
The answer to the question "Is saving your own seeds illegal?" is "it depends.".
To summarize the revised rules simply, it looks like this.
🟢 Native and common varieties: You can continue to save seeds freely as before
🟢 For home consumption in a home garden: No problem even with registered varieties
🟡 When propagating registered varieties for commercial purposes: Permission from the breeder is required
🔴 Acts of propagating and selling or distributing without permission: May be illegal
In other words, it is not the case that "no one can save their own seeds anymore." 😊
Only "registered varieties" are restricted 🌿
Under the revised Plant Variety Protection and Seed Act, the requirement for permission for self-propagation is limited to cases where you are growing "registered varieties" for agricultural (commercial) purposes.
"Native varieties" that have been passed down in a region for a long time, as well as "common varieties" and "heirloom varieties" that are not registered, can continue to have their seeds saved freely just as before. ✨
If you are unsure whether the variety you are growing is a registered variety, you can check the Ministry of Agriculture, Forestry and Fisheries' "Plant Variety Registration Database." 🔎
(Source: Ministry of Agriculture, Forestry and Fisheries "Plant Variety Registration Homepage")
Are home gardens exempt? 🏡
The answer for those growing vegetables in a home garden is mostly "it's okay." ✅
Cultivation and propagation for hobbies or home consumption are not subject to legal regulations, even for registered varieties.
However, there are some points to be aware of. ⚠️
👫 Giving away propagated seedlings to friends for free may also be a problem depending on the variety
💰 Selling propagated vegetables or seedlings on flea market apps, etc., could constitute an infringement of breeder's rights
📱 There is also a risk in posting "I will distribute seedlings of registered varieties" on social media.
You can continue with peace of mind as long as it is within the scope of "growing only for your own consumption." 🌻
Caution: Saving seeds from F1 varieties
Many of the vegetables sold in supermarkets are grown from "F1 varieties (first-generation hybrids)." 🛒
🔬 A single-generation hybrid created by crossing different parent varieties
😞 Even if you save the seeds and grow them, they will not have the same characteristics as the parent
🛍️ You need to purchase seeds every year
One point I would like you to remember is that even if you sow seeds saved from F1 varieties, they are unlikely to have the same characteristics as the parent point. 🌱
Often, the flavor drops or the shapes become inconsistent, so even if you go to the trouble of growing them, they frequently do not turn out as expected.
If you are looking for the joy of saving seeds and using them repeatedly, choosing heirloom or traditional varieties is definitely recommended. 😊
Since many F1 varieties are also registered varieties, permission is required for saving seeds for commercial cultivation. 📝
Summary: Is saving your own seeds illegal?
The answer to the question "Is saving your own seeds illegal?" is "it depends on the variety used and the purpose."
🌱 For traditional varieties, general varieties, or home consumption in a vegetable garden, you can continue to save seeds freely as before.
The only restriction is "when propagating registered varieties without permission for commercial purposes."
🔑 You can continue farming with peace of mind by checking if your variety is a registered variety in the Ministry of Agriculture, Forestry and Fisheries database and obtaining permission if necessary.
Let's pass on precious seeds with the right knowledge. 🌿💚