The Seed Traffic Act does not prohibit saving old varieties to preserve vegetable diversity.

A Facebook posting claims that growing old varieties of fruit and vegetables is a criminal offense. However, that is not true.

You want to grow fine, old and now almost unknown varieties of fruit or vegetables. Grow something special in your own garden. And then that should be forbidden? And you should have to pay a penalty for it? What kind of crap is this!

The text on Facebook - often accompanied by a photo of a woman next to a vegetable patch - reads:

“25,000 euros fine for growing
old varieties of fruit and vegetables

There are still old seeds, i.e. seeds from fruit and vegetable varieties that are centuries old. It is resilient and can be reproduced wonderfully - but you shouldn't.

There is a seed trade law in Germany that prohibits the trade, exchange and passing on of old seeds.
People should rather use genetically modified seeds from criminal corporations.”

Is that so?

It is not true that the Seed Traffic Act prohibits the preservation of old, tasty varieties.

Everyone is allowed to plant and harvest old varieties of fruit and vegetables in their garden. Private swapping and giving away of fruits and seeds is also permitted.

If you want to pass on the seeds commercially, i.e. sell them in order to make money, things look a little different. The Seed Traffic Act (SaatG) requires quality standards that are checked through an approval process.

If you want to grow and trade old varieties in your own garden - for example to maintain diversity - this falls under the Conservation Variety Ordinance, which counteracts these strict quality standards.

The Federal Plant Variety Office writes about this in the “Conservation Varieties” flyer :

“The Conservation Variety Ordinance” contains facilitation for the approval and distribution of seeds of landraces and other varieties of agricultural species as well as vegetable species that are of interest for the conservation of genetic resources.
In addition, the trade in so-called “amateur varieties” seeds is regulated.
These are vegetables that in themselves have no value for large-scale, professional vegetable cultivation, but are of interest for hobby or regional cultivation due to their special properties. Only small fees are charged for the approval of conservation varieties. An increasing interest in the marketing of old agricultural varieties and vegetables can also be seen in the significant increase in the number of approvals of conservation/amateur varieties.”

These fees can also be found via the Federal Plant Variety Office . If you pay this, you can also pass on old varieties commercially or trade them.

However, if you do not pay these fees and the Conservation Variety Ordinance did not exist, then you would “have to” Section 3 of the SaatG . According to Section 60 of the same law, an administrative offense that can be prosecuted because it is a minor violation of the legal rules. (As opposed to a crime, which inevitably prosecuted .)

Conclusion

Saving old varieties of fruit and vegetables is not prohibited by the SaatG.

So-called conservation varieties fall under the “Conservation Varieties Ordinance” , which makes it easier to approve and sell old varieties.

This rumor has been circulating on the Internet for several years and is often resurfaced on social media. That doesn't change the fact that it is still possible to grow old varieties of fruit and vegetables in your garden and pass them on.

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