Plant review may mean extra costs

The PVR Act is the law relating to the granting of exclusive rights over plant varieties. Photo / Getty Images

While the state of the environment continues to dominate debate in the public arena, other important discussions are beginning to play out in the halls of power.

In March, the Government commenced a review of the Plant Variety Rights Act (1987) (PVR). Keep reading, because this could cost farmers!

The PVR Act is the law relating to the granting of exclusive rights over plant varieties and provides exclusive control and protection for plant breeders and plant variety rights holders over any material they develop and then bring to market.

The problem for farmers is our PVR legislation is based loosely around successive UPOV (International Union for the Protection of new Varieties of Plants) agreements.

Each agreement has strengthened the rights of plant breeders and variety rights holders and weakened the rights of farmers over this same material. So the review should be of interest to all farmers and by extension all New Zealanders.

A fact often lost in the debate is until the 1900s, farmers were innovating and considered to be plant breeders.

Of interest to us is the potential for royalty payment on any farm-saved seed used by farmers. By relinquishing the right to use farm-saved seed without paying for it (effectively rewarding the farmer for their own husbandry over that crop), plant breeders have said farmers will have access to better performing cultivars for New Zealand conditions.

But will we? Opinions vary in farming circles as to whether the size of the New Zealand market justifies the need for so many cultivars.

Some farmers prefer using farm-saved seed available because it supports the sustainable management of crop genetics by individual farmers and their practices, and pose little (if any) biosecurity risk to New Zealand or their own farms, unlike imported seed.

Let's not forget the knowledge and skill of an arable farmer; we need not look past the New Zealand farmer who achieved a world record wheat yield earlier this year, which was achieved using an older variety.

Federated Farmers is open to the discussion around a potential royalty payment on farm-saved seed but would need to see firm justification for its inclusion.

Will it benefit New Zealand Inc, or end up costing farmers more, at a time when they are facing mounting compliance costs compounded by variable income streams?

Federated Farmers is at the table and involved in discussions to ensure that any new legislation is fit for purpose and finely balances the needs of all stakeholders, not just enhancing the rights of a few.

Philippa Rawlinson is an arable industry adviser for Federated Farmers.