It has been a year since the International Seed Federation (ISF) signed a Memorandum of Understanding (MoU) in Rotterdam in the Netherlands to strengthen the fight against illegal seed practices and to implement legal seed and plant practices worldwide.
At the signing it was stated that these legal practices promote value creation in the agriculture and horticulture sectors and foster innovation for farmers and growers.
Kobus van Huyssteen, technical manager at the South African National Seed Organisation (SANSOR), told Farmer’s Weekly that South Africa has made several important strides since the signing of the MoU at the ISF World Seed Congress.
“The Plant Health Act of 2024 was enacted to modernise phytosanitary regulations and align with international standards, enhancing biosecurity and trade readiness. Collaboration between the Department of Agriculture, seed industry bodies such as SANSOR, and international partners to improve seed certification, traceability, and enforcement has also improved,” he said.
“Awareness campaigns and farmer education initiatives are further being planned to promote the use of certified seed and encourage the reporting of illegal activity. The South African Cultivar and Technology Agency (SACTA) Levy also continues to play a vital role in supporting innovation in self-pollinated crops.”
At the signing of the MoU, it was stated that although there is no hard data about the prevalence of illegal seed practices around the world, an ISF survey at the time indicates that they were widespread in many countries.
Van Huyssteen said in South Africa, illegal seed practises were primarily linked to “brown bagging” (the unauthorised sale of farm-saved seed), particularly for soya bean, wheat, lucerne, and oats.
“While no official statistics are quantifying the scale of these practices, they are known to occur sporadically, especially in seasons with surplus production. Other infringements, such as counterfeit seed or unlicensed trait use, are rare and not specific to any crop group.
“Although South Africa lacks a comprehensive national dataset on illegal seed practices, comparative analysis using seed sales data and crop planting estimates suggest that a significant proportion of seed used, particularly in wheat, is retained on farm. For example, only around 24% of wheat plantings are estimated to be from new seed, purchased from a seed company, with the remainder being retained seed, though the proportion of this that is traded ‘over the fence’, remains unclear.”
According to Van Huyssteen, farmers are often the most directly affected by illegal seed practices with several key consequences including reduced productivity due to poor germination or inferior seed quality.
“There is also legal uncertainty, particularly when protected varieties are used without authorisation. In the event of disputes, limited recourse is the result as transactions involving illegal seed typically fall outside formal channels. Another consequence is restricted access to innovation, as reduced revenue for seed companies hampers the development of improved varieties. There are also market
disadvantages, especially in export or premium markets that require certified seed and traceability.”
Farmers aren’t the only parties impacted by illegal seed practises as the integrity of the agricultural value chain is undermined in several ways, said Van Huyssteen.
“When it comes to crops, the use of uncertified or retained seed can reduce genetic purity, lower yields, and increase susceptibility to pests and diseases. Seed companies suffer economic losses due to reduced sales and diminished returns on investment in research and development. Although the impact is less direct, compromised seed quality can affect food security and the consistency of agricultural output.”
Van Huyssteen said public-private partnerships were essential in addressing illegal seed practices. Strengthening farmer support systems, improving access to certified seed, and enhancing enforcement mechanisms were all critical.
“Online platforms, particularly social media and farmer groups, are increasingly being used to facilitate brown bag seed sales. This presents new challenges for monitoring and enforcement. While counterfeit seed is not currently a major issue in South Africa, ongoing vigilance is necessary, especially as digital trade expands.”
