Among other amendments, the legislation increases the $5,000 maximum fine for a violation of seed intellectual property protection laws to $10,000, making it the highest state enforcement penalty in the U.S.
Introduced by state Sen. Terry Wanzek on behalf of the North Dakota State Seed Department, the legislation clarifies existing language requiring cover crops to be tested and labeled properly. The bill also increases the penalties for piracy, or “brownbagging,” of protected seed varieties.
The maximum penalty is levied in North Dakota only in cases of violation of the Plant Variety Protection (PVP), Title V option. PVP Title V requires that seed be sold only as a class (Foundation, Registered or Certified) of certified seed.