Seed Libraries and the Law

Reader Contribution by Cindy Conner and Homeplace Earth
Published on December 8, 2016
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Seed libraries are community seed sharing programs that can take many forms, but generally the one thing they have in common is to freely distribute seeds. Many hope that the recipients of those seeds will grow them out, save seeds, and donate some back to the program. It all sounds pretty innocent.

However, in 2014, some seed libraries came to the attention of their state departments of agriculture and were told they would have to follow the state seed laws, just as seed companies do. Well, that threw the seed library world into a dither and a lot has happened between then and now. You can read more about that at Homeplace Earth.

Knowing Your Seed Laws

Due to the diligence of seed library activists, the American Association of Seed Control Officials (AASCO) adopted an amendment to the Recommended Uniform State Seed Law (RUSSL) in July 2016 that would exempt seed libraries from state seed laws. This doesn’t automatically mean that now seed libraries are exempt in all the states. Each state sets its own seed laws, but looks to the RUSSL for guidance.

If seed libraries in your state haven’t been approached by your department of agriculture it could be that seed libraries already are excluded by definition in your state seed laws. Or, it could mean that the department of agriculture has other things to worry about. Seed libraries are giving seeds away for free and no money is changing hands, making them distinctly different than seed companies.

No exchange for money is an important aspect of the AASCO non-commercial seed sharing amendment that applies to seed libraries. In fact, you can’t require anything back if you give out seeds — even seeds!

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