Garden and Permaculture ·
Are Heirloom Seeds Illegal? Growing, Selling and Swapping Seeds
In Turkey, the rules on heirloom seed come from the Seed Law (No. 5553) and concern the trade of seed. The law allows trade only in registered varieties. Exchange between farmers that is not commercial and is limited to personal need is left outside its provisions. This is not legal advice.
Hello dear friends. Are heirloom seeds illegal? In Turkey, where our farm is, the short answer is no. Growing heirloom seeds in your own garden, saving their seed and swapping with others is not banned. The rules begin when seed is sold commercially. 🌱
People ask this question all over the world, and the answer is not the same everywhere. Seed rules differ from country to country, so if you live outside Turkey, please check your own country’s official sources. Here I explain how it works in Turkey. At Şifa Köyü, our organic farm in Şile on the Black Sea coast of Istanbul, we grow with heirloom and local seeds and without chemical sprays, and the produce we grow from heirloom seeds holds EU-approved organic farming certification. To me a seed is more than a farming input; it is something entrusted to us, handed from one generation to the next.
Have you heard that heirloom seeds were banned and felt worried? Let us look together at what is free and what has rules. First, a short summary for Turkey:
- Growing heirloom seeds in your own garden: allowed
- Saving seed and keeping it for your own use: allowed
- Swapping seed among yourselves: allowed
- Selling the vegetables you grow from heirloom seed: allowed
- Selling uncertified seed commercially: not allowed; registration and certification are required
Is it illegal to grow and swap heirloom seeds?
Sowing heirloom seeds in your garden, on your balcony or in your field is allowed. Statements from Turkey’s Ministry of Agriculture and Forestry on this subject also say that there is no ban on producing and using local seeds. According to the same statements, farmers can produce seed for their own needs and exchange it among themselves. A seed passing from hand to hand is, to me, the loveliest way to keep it alive.
Is selling the produce the same as selling the seed?
You can sell the tomatoes, beans or squash you grow from heirloom seed. The rule is about the seed, not the produce. That is how what comes out of our own field reaches you too.
Is it illegal to sell the seed itself?
Selling the seed itself commercially does have rules. Turkey’s Seed Law No. 5553 was published in the Official Gazette on 8 November 2006. It requires seed sold commercially to go through registration and certification. So selling uncertified seed commercially is not allowed.
There is also a separate path for local varieties. A regulation on registering, producing and marketing local varieties was published in the Official Gazette on 3 September 2019 (issue 30877), replacing an earlier regulation dated 19 October 2018. Under it, local varieties can be added to the Local Variety Register. The seed of registered local varieties can be produced and marketed under the conditions of the regulation, mostly in the variety’s region of origin.
What is the difference between local varieties, hybrids and GMOs?
A local variety is one that has been grown in a region for many years and has adapted to that region’s soil and climate. In Turkey people often call it ata tohumu, which means ancestral or heirloom seed. It is a seed that knows that land’s water, sun and wind. Yield and hardiness change with the variety and the growing conditions. It is not right to expect the same result from every heirloom seed.
Hybrid and GMO are not the same thing. A hybrid (F1) seed comes from a controlled cross between two different parent varieties. A genetically modified organism (GMO) is a living thing whose genetic structure has been changed in a laboratory. In Turkey, the Biosafety Law No. 5977 does not allow the production of genetically modified plants.
I prepared this post according to the rules in force on the date it was published; it is not legal advice. If you are planning a commercial activity such as selling seed in Turkey, I suggest checking the current rules with the Ministry of Agriculture and Forestry or the provincial agriculture directorate.
I wrote earlier about why heirloom seeds matter so much; you can read it through the link below. If you would like to build your own garden with heirloom seeds, we can look at your space together in a permaculture consultancy. Simply write to us and we will get back to you. And if you come to Şifa Köyü, you can see our seeds and the field for yourself and put your own hands in the soil.
Do you have a seed passed down from your grandmother? I would be very happy if you shared its story with me. May seeds keep passing from hand to hand and heart to heart, and may your soil always be fertile. 🌿
Permaculture and herbal farming consultancy →
Şifa Köyü: who we are (in Turkish) →
Source: Seed Law No. 5553, Official Gazette of 8 November 2006, issue 26340 (in Turkish) →
Frequently asked questions
Are heirloom seeds illegal in Turkey?
No. Growing heirloom seeds, saving their seed and swapping them are not banned in Turkey. The rules apply to selling seed commercially.
Are heirloom seeds illegal in my country?
Seed rules differ from country to country, so please check your own country’s official sources. This post explains the rules in Turkey.
Can I swap heirloom seeds with my neighbour in Turkey?
Yes. According to the Ministry’s statements, farmers can produce seed for their own needs and exchange it among themselves.
Can I sell vegetables grown from heirloom seeds?
Yes. In Turkey the rule is about the commercial sale of seed, not about the produce.
Can I sell heirloom seeds in Turkey?
Selling uncertified seed commercially is not allowed. Local varieties can be added to the register and marketed under the conditions of the regulation.
Is a hybrid seed a GMO?
No. A hybrid comes from a controlled cross of two varieties; a GMO has had its genetic structure changed in a laboratory.