Farm Saved Seed

Why do I have to return a FSS declaration to BSPB?

Farmers are legally obliged to declare farm saved seed and pay for the use of eligible varieties, please see list of varieties here.

Where does your FSS payment go?

Payments go to the breeder of the variety to reinvest in plaint breeding. More information on how plant breeders invest in research and development can be found here. BSPB operate on a not-for-profit basis.

Do I have to declare if I process my own seed?

Yes, all farm saved seed needs to be declared to BSPB when sown. Please find the legislation here.

Do I have to let BSPB know if I only ever sow certified seed?

Yes please, that we are treating everyone who has the potential to use farm save seed equally.

Do cover, companion, whole or volunteer crops need to be declared?

Farm saved seed regulations apply on all protected varieties upon sowing, whether a crop is taken to harvest or not. If your crop contains protected varieties, you must declare this and make payment. Please contact us if you need advice.

Do I need to declare if I have paid a processor?

As processors who collect farm saved seed payments for BSPB do not pass on details of work done for individual farmers, we ask for your declaration to ensure our records are up to date.

Does seed need to be declared if the crop has failed?

Farm saved seed regulations apply to any eligible varieties that have been sown, regardless of the outcome of the crop.

Where can I find the payment rates for eligible varieties?

Payment rates for eligible varieties are displayed on the BSPB web site here.

Can I sell or give left over farm saved seed to another farmer?

Farmers cannot sell, buy, barter, or otherwise transfer farm saved seed outside their own holding for subsequent re-planting this is against the law. Farm-saved seed can only be planted on the holding on which it was produced.

Can a contractor declare for me?

Where a landowner employs a contractor to farm their land the responsibility to return the farm saved seed declaration remains with the landowner unless the contractor has agreed to declare on behalf of the landowner.

Is there a small farmer exemption?

Small farmer exemption applies if the area of land is large enough to produce less than 92 tonnes of combinable crops or less than 185 tonnes of potatoes per harvest. Small farmers are exempt from payment but not from declaration, they are contacted every five years by BSPB. If you think you are eligible, please contact BSPB.

Why are FSS payment rates set for each potato variety?

There is no agreement in place between BSPB and the farming unions as there is for other crops, although there is still a legal requirement to declare and pay for FSS use if due. Payment rates are set at the default rate established in EU law of 50% of the royalty payable for classified seed production of each variety.

Can I farm save a hybrid variety?

The farm saved seed legislation excludes hybrid varieties so they may not be farm saved.

Where can I find details of FSS payment rates for potato varieties?

BSPB does not publish a full list of payment rates for FSS potatoes, payment rates for individual varieties can be obtained by contacting BSPB.

Can I sow grain including feed grain?

It is against the law to use any bought-in grain to establish a crop.

Can I have my farm saved seed certified to sell or transfer it legitimately?

Certified seed must be produced from an officially entered seed crop which has been field inspected by a licensed crop inspector and complies with all legal standards. Farm saved seed cannot be certified retrospectively. All seed sales are made by a BSPB licenced seed merchant.

New seed of protected varieties may be traded only if the seller holds a Licence with BSPB or a Potato Merchant Sub-Licence.

Do both farmers in a shared farm agreement need to declare?

We will need to know the name and contact details for the person responsible for making the declaration and payment for the farm saved seed for your farming business.

How do I make my BSPB account paperless?

There is an option to go paperless when declaring online, just click yes to ‘Go Paperless’. If you receive our paper declaration forms, you can tick to go paperless on the back page. You will then receive future FSS declarations by email.

Do I need to declare volunteer crops?

Volunteer crops still fall under the farm saved seed legislation.

Which crops are covered by FSS rules?

Wheat; Barley; Oilseed Rape; Oats; Triticale; Field Peas; Field Beans; Linseed; Yellow Lupins; Potatoes.

View our other FAQ categories