Canadian farmers are being warned about illegally purchasing a variety of hard red spring wheat that was developed at North Dakota State University (NDSU).

Elgin-ND is becoming popular in the US because of its high yield and quality potential.

"U.S. seedsmen or other parties are in violation of NDSURF’s PVP rights if they sell or transfer seeds to any Canadian entity other than through FP Genetics Inc.," says Dale Zetocha, NDSURF executive director. "This includes seed or grain of any nature or classification that is exported into Canada and converted to seed after it crosses the border or seed that is mislabeled as another variety until after it crosses the border."

Elgin-ND is owned by NDSURF and is protected by Plant Variety Protection (PVP) in the United States. FP Genetics is the sole and exclusive licensee and distributor of the seed in Canada.

"NDSURF will prosecute any known infringement of its PVP rights," Zetocha says. "Anyone violating the export, import or unauthorized sale of Elgin-ND hard red spring wheat could face triple damages. Also, violators are subject to the collection of attorney fees, other costs and harvested material. The court could, upon request, order the infringer to immediately cease the growing and/or sale of all NDSURF-protected varieties."

Producers who are approached to buy Elgin-ND seed in Canada by anyone other than an FP genetics representative are asked to contact Ron Weik at 306-791-1045.