Laws and regulations in Norway

To ensure that the seeds sold in Norway are varietal, have good quality and germination capacity and do not carry diseases, the sale and use of seeds, tubers and other plant material is regulated by many different laws, regulations and directives. Most of them fall under the Food Act.

Sale of seeds

Only seed shops registered with the Norwegian Food Safety Authority are allowed to sell seed. Seed shops can sell on to retailers, who in turn sell to consumers. In general, all seeds sold must be certified by the Norwegian Food Safety Authority or a similar authority in another EEA country.

This is the law:

  • A farmer is allowed to use seeds from his own crop, but cannot sell his own seeds.
  • Casual exchange of seeds from one farmer or gardener to another is legal. Such a form of trade should not be based on an active offer for sale or bear the appearance of a business operation.
  • A gardener can give away or exchange seeds with other gardeners.
  • Seed libraries aimed at gardeners and hobby growers can facilitate the exchange of seeds.
  • Gene banks and the like may operate a non-commercial trade in grain and seeds with the aim of preserving and sustainable use of plant genetic resources. Gene banks and the like may charge for their services, i.e. sell for their own costs. This type of business must be registered with the Norwegian Food Safety Authority.
  • Nonprofit organizations are allowed to distribute seeds for hobby use.

Sort list

The Norwegian official variety list shows the varieties that are approved for certified production and/or are legally protected in Norway. Seed of species for which there are defined varieties can only be produced and certified in Norway if it is of a variety that is registered on the Norwegian official variety list or on the EU's common variety lists of approved plant varieties. (Phew! Heavy! Taken directly from the seed regulations.) The Plant Variety Board publishes the list five times a year. It also lists varieties worthy of conservation and traditional varieties of vegetables . For these, slightly different rules apply than for "normal" varieties.

Conservation varieties

A variety can be approved as a conservation variety if it is of interest for the conservation of plant genetic resources . Furthermore, the area of ​​origin of the variety must be identified. For approval as a conservation variety, less stringent requirements are set than for ordinary varieties, including less stringent requirements for uniformity, i.e. that all the offspring are the same.

The authorities shall determine the area of ​​origin of the variety, and in which area the variety shall be permitted to be marketed. Seed production shall only take place in the area of ​​origin or an equivalent area.

The marketing of varieties worthy of conservation shall be limited in quantity, and in total only constitute a certain proportion of the quantity of seed marketed for the species as a whole. So far, the quantities that have been cultivated in Norway have not been close to this limit. ( “Each Member State shall ensure that, for each variety worthy of conservation, the quantity of seed marketed each year does not exceed the quantity necessary to produce vegetables of the variety concerned on the number of hectares specified in Annex I. ” The lists of hectares per vegetable can be found in the source list, under the links Commission Directive.)

Maintenance of the variety must take place in the variety's area of ​​origin. The variety cannot be bred and adapted to new growing conditions elsewhere in the country. Varieties worthy of conservation can only be marketed in their area of ​​origin.

In Norway, the following varieties are approved as conservation varieties (Norwegian variety list 30.3.2020):

  • Turnip Trøndersk Hylla, sweet potato English sable and sweet potato Bremer, Domenbygg, Svedjerug, the wheat varieties Dala lantvete, Ölands lantvete, Fram, Diamant II and Ås II, and the potato varieties Rød gulløye, Rød Kvæfjord and Tromøypotet.

Traditional varieties

A plant variety can be approved as a traditional vegetable variety if it does not have much commercial production value. Seed of traditional vegetable varieties can only be sold in small packages.

In Norway, the following three varieties are approved as traditional varieties (Norwegian variety list 30.3.2020):

  1. Sugared Early Green Sable
  2. Tomato varieties Ansofs yellow
  3. Norderås Bush.

Plant breeder's right

Plant breeder's rights/legal protection lasts for 20 years (grains and vegetables). A plant breeder's right can be maintained until the end of the 20th calendar year after the year in which the plant breeder's right was granted. After 20 years, the variety is 'free' and can be used by others without a license fee. Propagation of a protected variety for the grower's private use is permitted. In Norway, it also applies that anyone can create propagation material of legally protected varieties for their own use without restriction, also with a view to selling the products, e.g. berries, fruit, vegetables, grains ('farmers' rights'). In addition, legally protected varieties can be freely used in research and further breeding.

Sources

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