NFU concerned SARM lobbied by province about Bill C-18

The government’s statement on C-18 that you circulated not only took the opposite position on the issue, but it contained erroneous and misleading statements about the Bill. Like SARM members, the National Farmers Union opposes UPOV ‘91. Our organization has carefully read the whole Bill and analysed its implications in the context of the UPOV system, proposed trade agreements and Canada’s existing laws and regulations regarding seed.

In contrast to what the provincial government states, if Bill C-18 passes there will be negative consequences for farmers regardless of how they obtain their seed. C-18 would result in increased seed costs due to higher royalties on more varieties. In addition, it provides an incentive for seed companies to deregister varieties currently in the public domain (i.e. royalty-free), reducing farmers’ choice of seed and pushing them to use more expensive seed protected by Plant Breeders’ Rights instead.

Bill C-18 does not include storing (stocking) seed in the Farmers’ Privilege clause, so farmers who keep part of their crop as seed for future use could end up being sued if a seed company decides it is a violation of its exclusive rights. Anthony Parker, Canada’s Plant Breeders’ Rights Commissioner, has stated that Farmers’ Privilege is limited by ‘reasonable use’ – undefined so far — and that “saving seed is not an absolute right.” In fact, Bill C-18 would create a mechanism to take away farmers’ ability to use farm-saved seed by allowing the federal government to restrict or eliminate the Farmers’ Privilege just by passing regulations.

Bill C-18 would enable End Point Royalty provisions, a “cascading right” that permits col- lection of royalties on the whole crop instead of just the seed. This would include the right to collect royalties on every cut of hay if PBR-protected forage seed was planted. If C-18 passes, it is highly likely that such a lucrative revenue source would soon be developed for the benefit of seed companies.

The Saskatchewan Ministry of Agriculture information that SARM circulated holds out the promise of improved varieties, but that is no more than a promise – UPOV ’91 says nothing about innovation. The reality of Bill C-18 is that seed companies will gain effective tools to make a lot more money off farmers while farmers will end up with higher costs and fewer rights, be faced with risks due to potential lawsuits and fewer seed choices as royaltyfree seed is increasingly deregistered.

We urge SARM to be true to the democratic will of its membership and stand up for farmers. The NFU has many resources to help Saskatchewan’s rural residents better understand Bill C-18 and related issues regarding seed rights. The NFU has also proposed an alternative model that outlines what farmers need in seed legislation. These resources are available at www.nfu.ca or by faxing a request for information to (306) 664-6226.

We urge you to share the following documents with the Provincial government and your members: Bill C-18 and Farmers’ Privilege: What’s the Whole Story?; Questions and Answers about Bill C-18; The Price of Patented Seed – The Value of Farm Saved Seed; and Fundamental Principles of a Farmers Seed Act.