Hi All and A Happy New Year
I have just aquired 400 square metres of land for cultivation/growing purposes i already have the tunnel set up, what i want to know is any info on the Plant Growers Rights and any other legislation for growing and selling plants commercially, i realise this area is not big enough for a pension! but enough to get me started! how much can you grow without the licence, can you grow from seed? or plugs? i did read somewhere that most garden centres grow from plugs to get around this licence, is this true? I am very much just starting and much of the defra info is confusing, could somone explain to me in english what it is all about? and what the reprocussions of not having the licence are?
Any info would be fantastic!
Hopefully not too many of you get disrupted by the snow! still warm and wet in Cornwall!
Many Thanks In Advance
Graham
Gothus Dhe Vos Negys Kernewek - Proud To Be A Cornish Business
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Hi Graham,
I think you might be confusing what you call "plant growers rights" for "Plant breeders rights". I have never heard of the former, but Plant breeders Rights (PBR) is a licensing system that applies to hybrids that the grower has sought commercial protection for - so that they can't be propagated without a payment. Essentially its a copyright system for plants, to ensure there's some commercial value in putting the years in to developing a new plant.
You are free to grow plants not protected by PBR (probably 99.9% of all plants) from seed, cuttings, division or however else you like. The main issue with growing and selling plants is the current land use classification of your land - if it is classified as agricultural, then you are free to grow (and sell) whatever you want.
This what I understand anyway, having worked in various nurseries over the years and aspiring one day to start my own... have just managed to buy an acre of land with that in mind.
Doug.
Thanks very much Doug, that clarifies it nicely for me, I think you are right about the plant breeders rights, you know what it is like if you look at too much info it basically did my head in! the land I have is at a college where i teach hort so im not sure on the land classification, it will be mainly for the course use altho there may be surplus(nudge nudge) the college are happy with this arrangement as this saves them money and keeps the polytunnel stocked up, providing i can provide what they need course they are happy for me to use it for that purpose so in there eyes i can do what I want, the land is privately owned and rented by the college i think. I assume it wont be registed for what I want, how do i get around this? is it defra?
Many Thanks
Graham
Yeah, its a nightmare trying to wade through all this legal stuff. so many rules out there, and you often don't know about them until you break them. I don't think you'll have a problem with the land use classification as its on college grounds - and its a horticulture department afterall. Its certainly not worth bringing the planners attention to it! I only mentioned it because in theory all land has a classification and you just need to be aware that you are not doing something on it that is restricted - for example you couldn't keep horses on agricultural/horticultural land (unless they were for meat(!) or for working the land). Anyway, it would be your local planning department that you'd need to talk to about it.
I have a similar arrangement with a patch of land at a school where I do a lot of work. Makes a lot of sense.
Doug.
Ideal it sounds like we are going down a very similar line then! I spoke to Provar??? today and the lady clarified that you are correct in what you say above about a licence, it is only for protected or new species and a royalty must be paid to the original breeders, many thanks for your help Doug, i may have to pick you brains again at a later date if that is alright?!
Many Thanks