CRYSTAL, N.D. (Valley News Live) – A North Dakota farmer has paid $60,000 in penalties for violations of state and federal seed laws, including infringement of variety owner rights under Plant Variety Protection.
While his identity wasn’t immediately revealed in the release, Valley News Live has confirmed that the farmer is Thomas Shephard out of Crystal, North Dakota.
The North Dakota State Seed Department discovered the violations during a regulatory audit. The department acts as the seed regulatory authority for the state.
The case represents the largest seed regulatory penalty ever paid in North Dakota.
Enforcement action details
The farmer violated laws involving unauthorized transfer of protected seed varieties. The penalties were imposed for infringement of the variety owner’s rights under Plant Variety Protection.
In a release about the fine, Seed Commissioner Ken Bertsch said the department takes variety protection issues seriously.
“A healthy, vibrant and profitable seed industry depends on variety developers, seed growers and retailers, and the agricultural public all following state and federal laws that protect variety owner’s rights,” Bertsch said. “The industry is also highly dependent on the orderly and legal transfer of seed technology.”
Bertsch confirmed to Valley News Live that the incident was related to six fields of spring wheat illegally planted in the 2025 crop year. Each violation received the maximum penalty possible, leading to the $60,000 fine.
Impact on seed industry
Bertsch compared illegal seed propagation to theft of property.
“Farmers depend on the development of new and improved varieties of all crops for profitability in their operations,” he said. “This cannot happen if variety protections are not honored or seeds are illegally transferred and misused. I liken illegal propagation as theft of property- everyone involved in the seed system from owner, to grower, to seller loses a sale as a result of seed piracy.”
The Seed Department will continue to regulate and enforce state seed laws and will notify variety owners of violations found during regulatory audits and examinations.
Copyright 2025 KVLY. All rights reserved.
