Are Seed Libraries Legal? (Yes, they are)
Rayna Almas
As we continue with our Seed Libraries Across Canada series this year, we want to revisit an issue that has been asked of us more than once in recent times: Are seed libraries legal? Are people allowed to share, swap, or trade seeds in an organized way?
Yes, seed libraries are legal. And yes, people are allowed to share most seeds quite freely.
But there’s a bit more to it... Let’s get into the nitty gritty a little bit.
At the crux of the issue are seed laws intended to regulate the seed industry by requiring suppliers to meet stringent standards for germination and purity. Nobody wants to buy seeds that don't germinate, or that contain lots of weed seeds, or that grow into some random plants other than those on the label. But the same regulations are sometimes being applied (or some would say, mis-applied) to small suppliers and community projects (like public seed libraries!)
Since the laws don't generally specify how big or how small a "supplier" can be, critics say that such laws can prevent many community-level activities that gardeners take for granted. School classes could be prevented from harvesting seeds for replanting in school gardens. Community gardeners could be banned from sharing seeds they have collected with friends or other gardeners unless they perform germination testing first, register with the authorities and pay a fee. Worse, farmers are not allowed to share saved seeds with neighbours.
In the United States, seed laws are enacted at the state level, which makes it difficult to understand what is allowed from state to state. Even a single word can change the meaning of a law, so every public library has to consult legal counsel to understand the implications of offering seed swaps. In 2014, several seed libraries came to the attention of state departments, which led to some having to shut down or drastically alter operations. In 2016, changes again occurred that blurred the lines in favour of seed libraries, but there’s still nothing cut and dry about the regulations in many places.
In Canada, the situation is a little different. We have a single federal law, the Seeds Act and Regulations, which spells out the rules for supplying seeds. It's a challenging read, but at least in Canada we have just one Act instead of 50.
The Seeds Act and its Regulations
If you are operating a seed library, you really should familiarize yourself with the law, especially if you have an institution such as a public library involved. However, you should find that seed libraries are quite free to operate in Canada, as long as you are not selling field crop seeds. The Act and Regulations are pretty complicated, but here are the main points to look for:
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Section 3(1) of the Act prohibits the sale (and import, export, and advertising for sale) of seeds that don't meet certain standards. There is a part (a) and a part (b).
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Section 5(5) of the Regulations exempts "vegetables, roots, and herbs" from part (a) above, and section 65 along with section 10(3)c further that exemption for part (b) for "vegetable-type varieties".
In other words, in Canada we are quite free to distribute garden-type vegetable seeds without restrictions.
Field crop seeds, such as grains, oilseeds, and forages, are another matter. The Seeds Act sets out standards for labeling and quality, and it limits the varieties to an officially registered list (varieties that aren't on the list can't be sold at all). Most seed libraries and seed banks are more careful about distributing grains in particular, to make sure that they are not perceived to be "selling" the seeds, since that is the prohibitive word used in Section 3(1) of the Act.
Seeds of Diversity recognises that seed laws have been put in place for good reasons: to ensure a high-quality seed trade for all growers. However, our organization's main purpose is to protect the biodiversity of seeds, especially those that are not widely commercialized. That means we rely on community seed savers to do our important work, and it is discouraging to see regulations applied (or mis-applied) that place a chill on the good conservation work of gardeners and seed savers. In other jurisdictions, such as the European Union, where seed laws are even more restrictive, seed biodiversity has been utterly destroyed in the name of uniformity and performance of a small number of elite varieties.
As we reflect on what’s happening around the world with seed regulations and restrictions, we're glad to live in a country where people are free to exchange garden seeds without undue burden. We look forward to continuing to highlight some of the amazing seed libraries operating today across Canada in future e-bulletins.
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