It is, therefore, important for growers to be familiar with laws and regulations that govern seed sales. PVPA protects a new variety by giving the developer legal control over seed production and sales. Protection is not mandatory, but most seed companies and many universities protect new variety releases. Under the 1970 PVPA, a grower may save seed of a protected variety for planting purposes. However, the amount of seed a grower can legally save is limited to the amount needed to plant his or her own holdings.
Holdings are land owned, rented, or leased.
If farm plans change, that saved seed may be sold. The total of the amount planted and the amount sold, however, cannot exceed the quantity of seed needed to plant back on the farmer s own holdings. This regulation holds for varieties protected before April 5, 1995. The 1994 PVPA, like the original Act, allows a farmer to save enough seed of a protected variety to plant his or her own holdings. However, the saved seed may not be sold for planting purposes unless the farmer has permission from the variety owner.