Forage seed is every bit as genetically sophisticated as other crops. We consulted four experts on what retailers should know to ensure a healthy future for the sector.
According to Todd Hyra, western business manager for SeCan, it’s not unheard of to encounter producers or retailers interested in growing cattle feed without fully appreciating the importance of adhering to intellectual property rules.
This oversight often stems from a misunderstanding about the origins and protection of these specialized seed varieties, which are bred specifically for cattle feed.
“Forage seed varieties, much like other crop seeds such as wheat or oats, are the product of extensive breeding programs. These programs rely on royalties from the sale of certified seed to continue their work,” Hyra says.
“When illegal sales occur, it directly undermines these programs by diverting funds needed for research and development. Essentially, it’s a case of biting the hand that feeds — the very source of the advanced genetics farmers rely on for their crops.”
It’s critical for everyone in the agricultural chain, from retailers to end-users, to understand that forage seed varieties are protected by intellectual property (IP) rights. These seeds are as genetically sophisticated as any other crop, Hyra says, and the breeders who develop them are specialists in their field.
This protection ensures that the innovation in forage crops continues, benefiting the entire agricultural community. In fact, he notes that forage seed often needs more of a helping hand than other crops, as there exists a lack of funding mechanisms for forage crops compared to other annual cereals like milling wheat or oats, which receive checkoff funding through producer commissions.
“Forage varieties consumed locally on farms miss out on this value flow, making it even more crucial that certified seed sales include royalties to support breeding programs. Without these funds, the future of forage seed innovation is at risk,” Hyra adds.
Plant Breeders’ Rights (PBR) legislation has been in place for over 30 years, but ongoing education is needed to ensure compliance. Over the past two years, a seed industry awareness campaign has aimed to raise awareness through social media, agricultural publications, and field signs. This initiative reminds producers that purchasing seed from a neighbor or using common seed might infringe on PBR, especially if the variety is protected.
Education is Key
Understanding how to handle various scenarios involving seed purchasing and usage is essential. Trouble arises when seeds are exchanged informally without proper documentation, implicating everyone involved in the transaction — from the seller to the seed cleaner and truck driver, Hyra notes.
For seed cleaners and retailers, it’s vital to ensure that the seed they handle is legally acquired. Having customers sign declarations confirming the legal purchase of seed protects both parties. Retailers can educate their customers using available resources, such as instructional signs, to avoid inadvertent violations of PBR.
“Ensuring compliance with PBR starts with buying certified seed and understanding the obligations that come with it,” Hyra says.
“Producers should verify the seeds’ status to avoid unwittingly purchasing protected varieties. Clear communication and education about these rules can prevent costly violations and support ongoing agricultural innovation.”
Of course, seed companies and retailers are increasingly becoming part of the solution in bolstering the profile of forage seed and its value in spurring Canada’s seed innovation landscape. Harley Bell, VP, Retail for BrettYoung based in Manitoba, says the company has made a significant shift from using common seed to certified seed in its forage blends.
“This change was driven by the need to offer more advanced and reliable forage seed varieties to our customers. Cattle and dairy producers, as well as other livestock farmers, are becoming more professional and require higher productivity to remain competitive and profitable,” Bell says.
Shortly after he joined BrettYoung nearly 18 years ago, the company strategically moved away from older varieties, such as alfalfa bred in the 1970s, to proprietary, improved varieties. This transition supports farmers by providing seeds that offer predictable yields, disease resistance, and overall quality.
“We aim to be a leader in the forage seed market, providing blends and straight products that meet the highest standards,” he says.
Using certified seed in blends offers several advantages, he notes.
“Certified seed guarantees a higher baseline quality — fewer weeds, better purity. Additionally, BrettYoung collaborates with breeders to select varieties with specific traits such as higher yields, disease resistance, and adaptability to various conditions.”
One example is BrettYoung’s most popular alfalfa product, a certified blend of five different varieties, each selected for unique characteristics to adapt to variable field conditions.
“These certified blends ensure farmers get the best possible performance from their forage crops,” Bell adds.
To encourage the use of certified seed, BrettYoung has developed innovative marketing strategies, including its Forage Establishment Guarantee.
“This program reduces the risk for farmers when establishing new forage stands,” Bell says. “If there is an establishment failure and the farmer is enrolled in the program, we provide replacement seed at up to no cost, given they are using the best certified varieties.”
By converting sales to proprietary varieties, BrettYoung ensures that royalties are reinvested into breeding programs, fostering a cycle of continuous improvement.
“This reinvestment supports ongoing innovation, benefiting growers, retailers, seed companies, and breeders alike,” Bell adds.
Advancements in Research
Despite a common perception that forage crops are less glamorous than those bred for human consumption, these crops are equally vital and genetically advanced, notes Ray Smith, a forage expert and professor at the University of Kentucky.
Smith highlights the revolutionary impact of novel endophytes in perennial ryegrass and tall fescue varieties. Historically, Kentucky 31, a robust tall fescue variety from the 1940s, thrived across the eastern United States. However, its fungal endophyte produced toxins detrimental to cattle, causing heat stress and reproductive issues.
Recent advancements have introduced beneficial, or “novel” endophytes, that retain the grass’s survival characteristics without harmful toxins. This breakthrough demanded extensive research and development.
“The development of novel endophytes involved significant effort, ensuring the beneficial endophyte stayed within the grass and that fresh seed with live endophyte reached growers,” Smith says. Such advancements necessitate robust intellectual property rights to secure investments and make these innovations marketable.
While GMO technology and gene editing capture headlines, University of Manitoba professor and forage breeder Doug Cattani says that in the context of climate change, perennial forage crops like ryegrass and tall fescue offer resilience due to their genetic diversity.
Unlike annual crops, these perennials can adapt to varying environmental conditions, making them valuable for sustainable agriculture.
“Perennial crops have inherent variability, which helps them adapt to different challenges, making them crucial in an era of climate change,” Cattani says.
Smith further elaborates on the benefits of forage crop blends. By combining multiple varieties with unique adaptation strategies, blends provide resilience and ensure high-quality, certified seed.
Beyond traditional forage production, perennial crops like alfalfa and intermediate wheatgrass have potential for human consumption. In ongoing research at the University of Manitoba, members of Cattani’s department are exploring the use of intermediate wheatgrass in breadmaking.
“Its higher protein content, ranging from 16% to over 22%, makes it valuable for human diets,” he says.
While traditional breeding has paved the way, new technologies like gene editing hold promise for the future of forage crops, Smith notes.
What Retailers can do to Help Bolster Forage Seed Development
Educate on Intellectual Property Rights
- Raise awareness about the importance of intellectual property (IP) rights in forage crops.
- Emphasize that forage seed varieties are as sophisticated as other crops and are protected under Plant Breeders’ Rights (PBR) legislation.
- Inform customers that using uncertified or illegally sourced seeds undermines breeding programs and innovation.
Promote the Sale of Certified Seed
- Encourage producers to purchase certified seed, which supports breeding programs through royalties.
- Highlight the benefits of certified seed, including higher quality, fewer weeds, better purity, and predictable yields.
Offer Certified Seed Blends
- Stock and promote certified seed blends that combine various varieties for enhanced performance.
- Collaborate with breeders to select varieties with desirable traits such as higher yields, disease resistance, and adaptability to various conditions.
Develop Innovative Marketing Strategies
- Create programs to reduce risks for farmers establishing new forage stands. Offer replacement seed at no cost in case of establishment failure, provided they use certified varieties.
- Use marketing strategies to highlight the long-term benefits of certified seed over common seed.
