Seed Law Compliance and Brown Bagging Rules
This page provides plain-language guidance on seed law compliance, including brown bagging rules, permitted uses, and prohibited activities under federal and Texas seed laws.
Related Foundation Seed Resources:
Variety Release Procedure
Certified Seed and Compliance Resources
Varieties Available for Licensing
PVPA Requirements
The Plant Variety Protection Act provides legal protection for new, distinct, uniform, and stable seed varieties. It outlines how seed may be saved, sold, or distributed, and establishes penalties for unauthorized sale or reproduction of protected varieties.
Seed Law Compliance Overview for Growers and Seed Companies
Brown Bagging Rules
What farmers can and cannot do with protected seed
Brown bagging refers to the unauthorized saving, replanting, or sale of protected seed varieties.The information below outlines activities that are prohibited and those that are permitted under applicable seed laws and licensing agreements.
🚫Prohibited Activities
The following activities are not permitted under seed protection laws and licensing agreements.
- Selling saved seed to another grower
- Trading or giving seed to another person or operation
- Cleaning seed for sale or resale
- Advertising or offering protected seed for sale
- Using protected seed without required licensing or certification
✔ Permitted Activities
The following activities are allowed under applicable seed laws and licensing agreements.
- Saving seed from your own harvested crop for planting on your own acres
- Working with an approved seed conditioner to clean seed for replanting on your own operation
- Purchasing certified seed each season to maintain varietal purity and compliance
⚠ Important legal notice
Saving, selling, or transferring protected seed outside these permitted uses may result in legal penalties, loss of access to Foundation Seed materials, and federal enforcement under the Plant Variety Protection Act.
Foundation Seed and Texas A&M AgriLife Research encourage the use of certified seed to maintain varietal quality and support ongoing plant breeding efforts.
Questions about seed use or compliance should be directed to AgriLife Foundation Seed.
This guidance reflects federal seed law and Texas A&M AgriLife Research licensing requirements.
Variety Release Procedure
The Variety Release Procedure outlines the process required for Texas A and M AgriLife Research breeding teams to request the release of new cultivars. The associated checklist helps ensure that all documents and data are submitted correctly.
For currently available cultivars, visit Varieties Available for Licensing.
SIPA Intellectual Property Fact Sheet
This fact sheet summarizes intellectual property protections for seed varieties and explains how proper stewardship helps protect the work of plant breeders and researchers.
Seed Law Podcast Episode
This episode of Ag Law in the Field provides an overview of seed law, compliance expectations, and best practices for staying within PVPA and state regulations.
