New arrangements for the declaration of older varieties as farm-saved seed will take effect from autumn 2007. Genuine use of previously zero-rated varieties will continue to be exempt from payment, but administrative changes have been agreed by BSPB and the farming unions to reduce evasion of FSS payments and so maintain investment in UK-based plant breeding.

Most farmers recognise the need to pay for the benefits of using farm-saved seed, and to support the future competitiveness of UK agriculture through the development of new varieties.

These new arrangements are targeted at the small minority of farmers who continue to evade payment. In particular, misdeclaration of zero-rated varieties has been identified as a potential route for evasion.

The original farm-saved seed legislation included a time-limited exemption allowing farmers to continue saving older varieties without payment for a period of seven years. Under both EU and UK legislation, this seven-year period has now expired.

As part of a new three-year deal on farm-saved seed, however, BSPB has reached an agreement with the UK farming unions allowing genuine use of these older varieties as farm-saved seed to continue without payment.

To ensure this exemption applies only to genuine users of older varieties, BSPB and the farming unions have also agreed changes to the scheme's administration to discourage evasion through false declarations.

Under the new agreement, zero-rated varieties will become eligible for farm-saved seed payment, but will attract a 100% instant refund applied by the seed processor or BSPB.

Crucially, the refund system will be subject to random audit by BSPB to ensure proof of genuine use can be verified through certified seed invoice, seed sample or field inspection. A statement to this effect will appear on the processor or BSPB invoice.

Welcoming the new arrangements, BSPB chairman Thomas Jolliffe said:

'The FAIR PLAY campaign on farm-saved seed was initiated jointly by BSPB and the farming unions to tackle FSS evasion and ensure all farmers contribute fairly for the benefits of new varieties. This new agreement is in the spirit of FAIR PLAY, allowing genuine use of older varieties to continue free of charge, but increasing the risk of detection for farmers who break the rules.

'More than ever, UK agriculture need access to the continued benefits of investment in plant breeding to stay competitive and meet changing policy and market requirements. FAIR PLAY is about safeguarding future innovation, because farm-saved seed evasion puts that investment at risk.'

12 June 2007