In Andhra Pradesh some farmers are producing seed and selling them to other farmers. Can they do this? Is it illegal?

Legally they have a right to produce, save, share and sell the seed, until they try to sell them on commercial lines with brand name on packs etc. Here are some legal provisions which declare the rights of the farmers.

1. Farmer’s right to produce and sell seeds is recognized by PPVFR Act 2001

The Protection of Plant Varieties and Farmers Rights Act 2001, Section 39 (4) Farmers’ Right Clause says;  ‘A farmer shall be deemed to be entitled to save, use, exchange, share or sell his farm produce including seed of a variety protected under this Act,  in the same manner as he was entitled before coming into force of this Act. `-–

This legislation provides for farmers to not only to re-use the protected variety of seed, but also to sell to other farmers with a restriction   ……………….provided  that the farmer shall  not be entitled to sell  branded seed of a variety protected under this Act.

Therefore, it is clear that the farmer can sell branded seed of varieties not protected by this Act.

2. AP Cotton Seeds Act 2007

The Andhra Pradesh Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act 2007, Section 19 reads ‘nothing in this Act shall apply to any cotton seed, grown by a farmer and sold or delivered by him on his own premises directly to another farmer for being used by that farmer for the purpose of sowing”

The Act bans the farmers from selling seed to dealers for the purpose of resale.  But they can sell it to other farmers for use. In fact the seed companies grow seeds through farmers on contract, the companies give in puts to farmers to grow seeds and purchase from them. It is arguable that the seed companies are packers and dealers. According to law it is questionable whether the seed growing farmers can sell seed to seed companies, but it is the companies which are indulging in such illegal activity and making vulnerable farmers victims. If they sell, the law will catch them if they do not sell the company will overhaul them for breach of contract.

3. Seed Bill 2004

Seed Bill 2004 Section 43 (1) nothing in this Act shall restrict the right of this farmer to save use, exchange, share or sell his farm seed or planting material except that he shall not sell under a brand name or which do not conform to the minimum limit of germination, physical purity, genetic purity prescribed under clause (a) or clause (b) of section 6.

4. Standing Committee’s Recommendation:

The Standing Committee on Agriculture ( 26-9-2006) Recommendation 84 states  that the words “which does not conform to the minimum limit of germination, physical purity , genetic purity, prescribed under clause (a) or clause (b) of section 6  should be deleted from clause 43 (1) so that the rights of the farmer are saved and the provision is made consistent with the corresponding position in PPV & FR Act of 2001.

(c) Standing Committee Recommendation 13 asserts “the most important feature stated in the new seed bill is that it explicitly protects and recognizes  the traditional rights of the farmers to produce sell, and exchange seeds and non-requirement of them to register their varieties under the proposed bill”.

The Committee by its  recommendations 18 and 84 reiterates that clause 43 which exempts the farmers from registration should come in the beginning of the bill and may be placed just after the clause 1 (3) so as to avoid any confusion about the registration of the farmers seed. Further recommendation 28 reinforces the earlier argument by saying, ‘however, farmers will not be required to register farmers’ variety in the National Register of Seeds.’

The long and short of the various recommendations is that the farmer is free to produce and sell seeds without any interference from any quarter. The Department of Agriculture should encourage the farmers to produce and sell the seeds protecting their traditional rights recognized by law and also that it’s officers cannot intercept those farmers and harass them with the threats of criminal cases and actions under the law.

National Policy for Farmers 2007

The National Policy for farmers 2007, (http://www/agrocpp[/moc/om/mpfb2007/pdf)  “aims at substantially improving  the net income of farmers” by “development of single  market, by relaxing internal restrictions and controls”.  In other words, the farmer can sell his seed wherever he can, without any let or hindrance.