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Potato Handbook
Breeders Trust has taken a close look at the online world to map what is being offered through digital channels in terms of seed potatoes. In doing so, the organisation encountered various practices that affect plant breeders’ rights and the phytosanitary safeguarding within the potato sector. “I also receive signals about the sale of batches of potatoes to arable farmers to use as seed potatoes without the permission of the plant breeders’ rights holder,” says director Corné van Beers. Chairman Mark Zuidhof underlines the importance of compliance: “What we see here shows how quickly initiatives can result in violations of plant breeders’ rights.”
The investigation shows that in several countries online groups are active, for example on Facebook, where members offer machines, crates, seed and seed potatoes to each other. In these often closed groups, ware potatoes are regularly offered for use as seed potatoes. Breeders Trust also observes that small packages of seed potatoes, ranging from one to 2.5 kilograms, are sold online without complying with the applicable certification requirements.
A concrete example concerns a case in which ware potatoes were offered via an online platform as seed potatoes. Although not a single kilo was ultimately sold, a settlement was reached under court mediation. For the grower involved, it was difficult to accept that merely offering the potatoes already constituted an infringement of plant breeders’ rights. In addition, Breeders Trust targeted webshops. Through a Dutch website, seed potatoes were purchased in small packages of varieties such as Melody and Jelly. These bags lacked the required certification, such as a NAK label, and instead only contained a simple slip of paper with basic information. The entrepreneur involved has since been ordered to cease sales.
According to Van Beers, these examples demonstrate how thin the line is between a seemingly innocent act and a violation of plant breeders’ rights. Not only legal aspects play a role, but also phytosanitary risks. Without proper certification and administration, traceability becomes significantly more difficult in the event of a disease outbreak.
Breeders Trust points out that the current market situation is worsening the issue. Many growers have free potatoes for which it is difficult to find buyers, often at prices that do not cover production costs. At the same time, seed potatoes must be purchased for the new season. This may increase the temptation to use illegal seed potatoes. That this is not merely a theoretical risk is illustrated by a recent case in which a processor refused a batch of potatoes. The grower was unable to prove that legal seed potatoes had been used, for example through invoices or proof of royalty payments for the use of farm-saved seed (FSS). Without such documentation, the batch was not accepted.
Zuidhof emphasises that compliance with plant breeders’ rights is crucial for the sector: “This is not just a legal issue, but affects the entire chain from breeder to grower and buyer. Innovation in potato breeding is only possible if plant breeders’ rights are respected and protected.” According to him, Breeders Trust will continue to focus on both enforcement and awareness. “We want to help growers and other stakeholders to properly understand and apply the rules. 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.” By intensifying the monitoring of online trade, Breeders Trust aims to gain a clearer picture of these developments and contribute to a transparent and fair potato chain.
Breeders Trust is a European organisation that, on behalf of breeding companies Agrico, Averis, Cygnet, Danespo, Europlant, Germicopa, HZPC, Interseed Potatoes, Meijer Potato, Norika, Schaap Holland, Solana and STET, monitors compliance with plant breeders’ rights. The organisation supports its members in collecting licence fees, detecting illegal cultivation and trade, and legally enforcing rights arising from EU Regulation 2100/94.
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