By Steve Knox
Can I use or sell seed from my harvested cover crop for next year?
The answer to this question depends on
- the source of your seed and
- whether you used any federal cost-share assistance to plant the cover crop.
And if you want to sell it, the answer also depends on whether you have met all state regulations for the sale of seed.
Was the cover crop seed that you planted patented or covered by Plant Variety Protection (PVP)? Check the seed label or contact the company selling you the seed to verify its status. Seed grown from protected seed cannot be saved and planted next year or be sold to another farmer. Seeds from oat, wheat, triticale, and some rye varieties often may be protected. If the seed was not a protected variety, you can save and use the seed next year on your own farm.
If you received USDA cost-share assistance to plant the cover crop through the Natural Resources Conservation Service (NRCS) or if you received prevented planting benefits from RMA, you cannot harvest it for grain. Detailed information on Prevented Planting Insurance Provisions can be found at https://www.rma.usda.gov/en/Fact-Sheets/National-Fact-Sheets/Prevented-Planting-Insurance-Provisions-Flood.
State Requirements to Sell Seed
If the seed for your cover crops is not protected, and you did not accept federal funds to plant it, there are several state regulatory steps to take before selling it as seed.
1. You need a state permit to sell seed.
2. Seed needs to be cleaned/conditioned and a representative sample submitted to the Nebraska Crop Improvement Association for testing. (You are responsible for the cost of the tests.) The required tests are for: