Norfolk Plant Sciences (NPS) have released a statement that they are aware that an individual named Bruno Fournier is offering what he claims to be their bioengineered Purple Tomato seeds for sale on his Facebook page in Europe.
This variety has not been registered or approved for use in Europe, and Norfolk has not authorized its sale or distribution outside the United States, where it is legally permitted, according to a press release.
NPS has reached out to the seller, demanding that he immediately stop offering their seeds, and have reported this unauthorized activity to the U.S. government and the European Commission.
“We strongly advise the European tomato-growing community to avoid purchasing or planting these seeds,” states the release.
Norfolk Plant Sciences stated they have “dedicated years of careful development to ensure their Purple Tomato meets all regulatory requirements for cultivation and consumption within the United States, though it has not yet been approved in other countries.”
This year, NPS made their seeds available to gardeners through their U.S. subsidiary, Norfolk Healthy Produce, with explicit terms of use: the seeds must remain within the U.S., and no commercial rights are granted. In the U.S., Norfolk permits not-for-profit community sharing and personal-use breeding of their seeds by home gardeners, while their commercial focus remains on the sale and distribution of seeds, seedlings, and fresh produce through local and regional partners.
The release notes that it is disheartening “that an individual has seen fit to take unfair advantage of our ‘sharealike’ model (inspired by the combination of gardener traditions and trading Grateful Dead concert tapes among fans) by offering our products for sale, and doing so illegally outside of the U.S.
“Unauthorized sale and cultivation of Purple Tomato seeds outside the United States not only violates NPS’s explicit terms and conditions of purchase, but also breaks laws covering plant variety registration, phytosanitary controls, and rules governing cultivation of bioengineered crops.”
NPS states their Purple Tomato stands out with its deep pigmentation that permeates the entire fruit, and no other method has been developed to achieve this elevated anthocyanin content and the resulting rich coloration. Therefore, any tomato with purple-pigmented flesh, not just purple skin, is unmistakably a Norfolk Purple Tomato.
Norfolk Plant Sciences is actively working to secure regulatory approvals in countries beyond the U.S. to make their Purple Tomato more widely available.
“We recognize that many gardeners in Europe share our enthusiasm for growing Purple Tomatoes, and we appreciate your passion. While we look forward to eventual commercialization in the EU, we must clearly and strongly condemn any unauthorized release of our Purple Tomato in the EU or elsewhere without the required regulatory approvals.”
