Breeders Trust is monitoring online sales of seed potatoes, highlighting growing cases of illegal trade via Facebook groups and webshops. Uncertified seed and misuse of ware potatoes raise plant breeders’ rights concerns and phytosanitary risks. The organisation urges stronger awareness, enforcement, and compliance to protect innovation and ensure fair practices across the potato sector.
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Breeders Trust has recently been monitoring online sales channels to see what is being offered in the seed and seedling market.
Across several countries, Facebook groups have become active marketplaces where members offer machinery, crates, ware potatoes and seed potatoes. Many of these are closed groups, making it difficult to assess the scale and nature of what is being traded. In a number of cases, potatoes intended for consumption have been advertised for use as seed potatoes. Another recurring example is the online sale of small packs of seed potatoes, typically 1 to 2.5 kilograms, in bags that are not certified in line with current regulations.
“I also receive signals about the sale of batches of potatoes to potato growers to use as seed potatoes without the permission of the plant breeders’ rights holder,” says Breeders Trust director Corné van Beers in a press release sent out from Breeders Trust.
These are all signals that underline the importance of monitoring the online world for the enforcement of plant breeders’ rights.
Online Platforms
Breeders Trust is currently involved in a case in which ware potatoes were offered for sale through an online platform to be used as seed potatoes. Under court mediation, a settlement was reached with the grower involved. According to Breeders Trust, the grower found it difficult to accept that simply offering the potatoes for sale already constituted an infringement of plant breeders’ rights. Although none of the batch was actually sold, the act itself was still considered punishable.
In this case, Breeders Trust acted on behalf of the shareholder whose protected variety had been advertised without permission. The organisation says this was not an isolated incident. Several advertisements have been removed from online platforms following intervention by Breeders Trust. In some cases, growers using these platforms appear to have only limited understanding of what is and is not permitted.
Web Shops
Web shops are another part of the online market where knowledge of the applicable rules is sometimes lacking. For example, a retailer may decide to offer seed potatoes to customers as an added service and set up a website for that purpose, without realising that even small packages of seed potatoes must be officially certified, for instance with a label issued by the Dutch inspection authority NAK.
At the suggestion of one of its shareholders, Breeders Trust purchased two 2.5-kilogram bags of seed potatoes from a Dutch website: one bag of Melody and one of Jelly. According to the organisation, neither package was certified in accordance with the applicable rules. Instead, each bag carried only a slip of paper listing the variety name, size grading and website address. The seller was instructed to stop the sale, which has since happened.
A Thin Dividing Line
Both cases show how narrow the line can be between a seemingly harmless act and an infringement of plant breeders’ rights. In the potato sector, the phytosanitary risks are a particular concern. If a problem arises, traceability becomes much more difficult when proper records are missing.
Breeders Trust says it will continue to monitor the online market closely. The potato sector is currently under pressure. Finding a buyer for non-contracted ware potatoes is difficult, and when a buyer is found, prices are often too low to cover production costs. At the same time, growers are purchasing seed potatoes for the coming season, which can increase the temptation to use illegal seed potatoes.
The organisation warns that growers may underestimate the risks involved. Last week, Breeders Trust was informed by a processor that had refused a batch of potatoes because the grower could not prove that legally obtained seed potatoes had been used. Potatoes were not transported to the factory unless the grower could provide either an invoice for the seed potatoes or proof of royalty payment for farm-saved seed of a protected variety.
Breeders Trust Chairman Mark Zuidhof says that awareness of and compliance with plant breeders’ rights are essential to maintaining a healthy potato sector.
“What we see here shows how quickly initiatives can result in violations of plant breeders’ rights. This is not only a legal problem, but affects the entire chain from variety owner to potato grower and the industry. Innovation in the field of breeding in the potato sector is only possible if plant breeders’ rights are respected and protected.”
“That is why we continue to focus on both enforcement and information. We want to help growers and other stakeholders to understand and apply the rules properly. At the same time, we must be clear: the use and trade of illegal seed potatoes undermines the sector and entails risks that no one can afford. Especially in a period when the sector is under economic pressure, it is important to stick to fair and transparent business practices,” says Zuidhof.
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