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 Garden Gate
 The Legality of Seed Swapping
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Author Garden Gate: Previous Topic The Legality of Seed Swapping Next Topic  

Ninibini
True Blue Farmgirl

7577 Posts

Nini
Pennsylvania
USA
7577 Posts

Posted - Feb 12 2021 :  08:54:58 AM  Show Profile
Hi girls -

So today my goal was to post a bunch of seed packets up for swapping with you girls on MJF. HOWEVER, a friend of mine urged me to check the legality of so doing. After doing a little research, I almost fell off my chair!!!

In February of 2018, Mother Earth News published an article titled, "Is Seed Swapping Illegal?" And, apparently, it is in "many states." https://www.motherearthnews.com/organic-gardening/is-seed-swapping-illegal-zbcz1802

And yet, there is a National Seed Swapping Day held every year on the last Saturday in January: https://nationaldaycalendar.com/national-seed-swap-day-last-saturday-in-january/

AND, apparently, here in PA, it is illegal to share seeds unless you are withdrawing from a seed library! https://www.agriculture.pa.gov/Plants_Land_Water/PlantIndustry/agronomic-products/Seed/Documents/Seed%20Act%201-25-07%202016%20Fee%20update.pdf

According to a May 2015 FoodTank article:

"Accordingly, the USDA and state Departments of Agriculture are calling for the regulation of seed libraries. In many cases, these agencies consider seed libraries legally analogous to seed companies, which must comply with regulations ensuring against mislabeled, contaminated, or compromised products."

- https://foodtank.com/news/2015/05/is-sharing-seeds-illegal-in-your-state/

I suppose in light of last year's anonymous seed mailings where various people received mysterious unknown seeds in the mail (which were subsequently confiscated, and rightly so), this makes sense.

This article enlightens us a little bit about seed library distribution in PA as well:

https://www.shareable.net/setting-the-record-straight-on-the-legality-of-seed-libraries/

And Farm and Dairy has a pretty interesting article as well:

https://www.farmanddairy.com/news/swapping-seeds-theres-law/242774.html

All in all, I am so confused. All I wanted to do is share some extra packets of seeds I have on hand with any of you who want them. Can't a girl share a little piece of hope for the future?!

Does anyone know the reality of the legality??? Does all of this pertain to us "little people," or is this something that is geared mainly toward businesses and seed libraries? Please help me understand. I don't want to do anything wrong, but I certainly am all about sharing!!!

This seems a little nuts! I kind of wish my girlfriend had never said a thing! But, truthfully, ignorance certainly is NOT bliss!

Thanks so much for your help!

Hugs -

Nini

Farmgirl Sister #1974

God gave us two hands... one to help ourselves, and one to help others!

isewbernina
True Blue Farmgirl

223 Posts

Kathy
Salina KS
USA
223 Posts

Posted - Feb 12 2021 :  09:31:55 AM  Show Profile
I assume that because some of the seeds are patient or copyrighted this would be the reasoning behind this restriction. When I worked for the sewing shop ladies would try to swap embroidery cards and we would have to explain that they couldn't do that because of Copyright laws. Companies invest a lot of money into research and development and the patient and copyright laws protect their investment. These laws cover all of this. The same goes for all art, written, and those types of products. Kathy

“Kindness is Free, Sprinkle that Stuff Everywhere.”
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ddmashayekhi
True Blue Farmgirl

4708 Posts

Dawn
Naperville Illinois
USA
4708 Posts

Posted - Feb 12 2021 :  10:52:01 AM  Show Profile
Also, perhaps certain seeds in one state can be considered an invasive species in another? Thanks for bringing this to our attention Nini.

Dawn in IL

“February is the border between winter and spring.” Terri Guillemets
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Ninibini
True Blue Farmgirl

7577 Posts

Nini
Pennsylvania
USA
7577 Posts

Posted - Feb 16 2021 :  12:32:58 PM  Show Profile
I guess you're probably right, Kathy... Thank you. But I seriously think it's a bit much. I mean, how awful would it be to share the abundance of seeds we get every year from pumpkins and squash and zucchini and everything else under the sun? But I truly do get what you're saying.

I had never thought of that before, Dawn! That's also a very good point! Thank you! But again - pumpkins and squash and zucchini? Invasive? Oh my!

I just don't see the harm, and I think it's sad, but I won't be breaking the law over it. That is for sure!!!

Hugs -

Nini

Farmgirl Sister #1974

God gave us two hands... one to help ourselves, and one to help others!

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AndreaPA
True Blue Farmgirl

526 Posts

Andrea
Factoryville PA
USA
526 Posts

Posted - Feb 16 2021 :  5:53:41 PM  Show Profile
Oh my! I had no idea. I agree, it must be because of invasive species. Which is fascinating (haha) because some of these invasives were first introduced by our government. Penn State extension has a lot of information on Natives and invasives. Free articles and videos.

Andrea
Farmgirl# 8166
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Ninibini
True Blue Farmgirl

7577 Posts

Nini
Pennsylvania
USA
7577 Posts

Posted - Feb 16 2021 :  10:49:16 PM  Show Profile
I'll have to check that out, Andrea! Thank you! Reading your comment, I just realized we live not far from a farm that specializes in native plants! I'll have to talk with them this spring and see what they have to say, too!

Hugs -

Nini

Farmgirl Sister #1974

God gave us two hands... one to help ourselves, and one to help others!

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StitchinWitch
True Blue Farmgirl

2122 Posts

Judith
Galt CA
USA
2122 Posts

Posted - Feb 28 2021 :  8:09:28 PM  Show Profile
OMG -- I just read this. How ridiculous. Where has common sense gone?? I will continue to swap seeds with my friends. I will naturally not send invasive species; what is invasive in one location is desired in another. Y'all came come visit me in prison.

Judith

7932
Happiness is Homemade
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windypines
True Blue Farmgirl

4086 Posts

Michele
Bruce Wisconsin
USA
4086 Posts

Posted - Mar 01 2021 :  02:51:37 AM  Show Profile
Right with you Judith. Nini you are not doing it for profit, or anything like that. Consider it sharing, not swapping. lol

Farming in WI

Michele
FGOTM June2019

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Ninibini
True Blue Farmgirl

7577 Posts

Nini
Pennsylvania
USA
7577 Posts

Posted - Mar 01 2021 :  08:59:01 AM  Show Profile
Weeeellll... the other day, our local tax officer dropped by to get signatures for his re-election. He and I chat family and garden when he is here, and he mentioned the difficulty he was having finding seeds. I told him not to worry, I had him covered, and showed him my impressively organized "case." I told him to just come see me if he continues to have no luck. He was excited and said he would come back with some treats for my garden as well. I said, "Uuuuuhh... Maybe you should look into that first." He asked what I meant, so I shared my findings with him. He was dumbfounded and said he was going to look into it for sure. I told him that he could still have seeds - I would give him whatever he needed, but he wouldn't have to "swap" with me. He said he'd just bring me stuff later that month, then.

He just couldn't get over it. I still can't myself. The crazy things "they" do. I think if it's a matter of invasive species, then the laws should be more specific. Such a broad definition truly does suggest common sense should be used; but we all know that it's never that simple when someone gets something stuck in their craw and wants to take umbrage, right?

<Shaking my head, looking down>

"America, America...God shed His Grace on Thee..."

Hugs -

Nini

Farmgirl Sister #1974

God gave us two hands... one to help ourselves, and one to help others!

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