Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, if he will take steps to ensure that the British Society of Plant Breeders correctly applies the small producer exemption from royalty fees applied to grain crops with diverse genetic makeup.

The British Society of Plant Breeders (BSPB) is the representative body for the UK plant breeding industry. In the collection of royalty fees and farm saved seed payments, the BSPB are acting as independent agents of various breeders and are not contracted by Government to undertake this work. Therefore, any queries on the payment of royalty fees should be made to the BSPB.

The Plant Varieties Act 1997 provides an exemption from making farm saved seed payments if the farmer meets the definition of a small farmer as defined in the Act.

Regulation 3(2)(a) of The Plant Breeders’ Rights (Farm Saved Seed) (Specified Information) Regulations 1998 provides an obligation on a small farmer to inform the rights holder that they are exempt from farm saved seed payments. Therefore, a small farmer must inform the BSPB that they meet the exemption for it to be applied. The arrangements for small farmers are publicised through various sources including gov.uk and via the BSPB.