Illegal seeds aren’t as harmless as they sound. Manufacturers, importers, and buyers of illegal seeds are now in the hot seat for a practice that harms legitimate seed owners as well as countries’ bio-security.

Illegal seeds premises raided in India. Gujarat is India’s cotton bowl. But it is also the country’s largest manufacturer of spurious Bt cotton seeds, producing 5 million packets of illegal BT seeds last year. (Bt cotton is genetically modified to contain the insect-resistant bacterium Bacillus thuringiensis. The use of this technology has delivered major economic and environmental benefits.)

The flourishing illegal market for genetically modified (GM) cotton seeds, which cause lower yield and financial losses to cotton growers, pose a major problem to St-Louis-based Monsanto, proprietary owner of the four approved varieties of GM cotton in India. Other companies in the industry also decry the illicit behavior that negates their research and years of waiting for regulatory clearance. More critical is the potential for environmental disaster if pests develop resistance to the Bt crop – since farmers of illegal seeds are not obliged to take action to manage such resistance.

As a result, the government in Gujarat last year raided a number of locations where the manufacturing of the illegal seeds were taking place. Mahyco Monsanto Biotech, a joint venture with Monsanto USA, and the government have each launched awareness campaigns to educate farmers. Both actions have reduced the cultivation of illegal seeds.

Illegal seed importer fined in New Zealand. King Seeds (New Zealand) Limited and company director Gerard Martin, were convicted for violating the Biosecurity Act 1993, fined $26 000 and ordered to pay $600 for solicitors fees and $520 for court costs. The reason: Mr Martin had brought in gourmet cucumber seeds (aka Mexican sour gherkins) – not  a permitted import – into New Zealand from overseas, bypassing border biosecurity screening measures. He had also falsified the seed description to better enter the country undetected, and distributed and sold by King Seeds Ltd.

According to Ministry of Agriculture and Forestry (MAF) Investigations Manager, Greg Reid, "The defendant's deliberate attempt to import and sell these seeds under a false name increased New Zealand's exposure to potential disease and created the possibility of introducing…an invasive weed that could impact on our native flora and fauna…If we are going to protect this country's unique biodiversity we must all be vigilant about preventing unwelcome imports that may carry a risk of introducing a pest or disease into the country."

He added that only seeds listed in the MAF Biosecurity Index are permitted entry into New Zealand.

Illegal seed sales alert for Minnesota farmers. Fearing today’s high crop prices may create a tempting situation this spring, Minnesota Department of Agriculture Commissioner Gene Hugoson warned farmers against “brown-bagging” or unknowingly purchasing illegal small grains seeds.

The U.S. Plant Variety Protection Act protects many popular varieties of agricultural crops, and these may only be sold as certified seed by seed dealers approved to handle certified seed. Federal law prohibits the sale of protected varieties for reproductive purposes by unauthorized sellers, a practice referred to as brown-bagging, and violators may be fined substantial penalties. The PVPA, however, provides farmers with the “right to save seed” to plant on their own farm.

According to the Department, seed buyers should buy seeds only from a reputable source, make sure the seed is labeled with the information required by Minnesota Seed Law, and keep a copy of the label for each lot of seed purchased.

Illegal seeds hurt industry, the environment and, ultimately, the consumer. And countries all over the world are using enforcement and government intervention to halt the practice. The question is: Is it enough?