Notice on the Legality of Exchanging Seeds and Seedlings

Version 1.0 — 13 July 2026

Tane helps people keep and share traditional seeds and seedlings. Laws about seeds differ a lot between countries, and they distinguish sharply between giving or swapping and selling. This notice is general information, not legal advice; you are responsible for following the law where you live and where your seeds or plants are going.

Gifting and swapping between amateurs

Exchanging seeds without commercial purpose — gifts, swaps, seed libraries, conservation networks — is broadly recognized and lawful in most places:

• European Union. EU seed marketing law regulates commercial marketing of seed. Exchange in kind between individuals, and the work of conservation networks and gene banks, fall outside or are expressly exempted; the plant-reproductive-material reform underway (proposal COM(2023) 414) keeps exemptions for amateurs and conservation networks, provided the activity is not commercial.
• Spain. Ley 30/2006 regulates the commercial seed trade; non-commercial exchange between amateurs and conservation-oriented exchange are recognized practice (art. 24).
• United States. Following the 2016 amendment to the Recommended Uniform State Seed Law, most states exempt non-commercial seed sharing (seed libraries, swaps) from commercial labeling and testing requirements.

Selling seeds

Selling is different. In the EU and many other jurisdictions, marketing seed of varieties not registered in an official catalogue may be restricted or prohibited, and quantities, labeling, or species may be regulated even for small sellers. Exemptions for conservation varieties and amateur quantities exist but vary. If you use Tane’s option to ask a price, check your national rules first — the app cannot do this for you.

Protected varieties

Varieties covered by plant variety rights (PVR/PBR) or patents may not be propagated or sold without the holder’s authorization — this can apply even to seed you bought legally. Traditional and heirloom varieties are generally not protected, but modern commercial varieties usually are. When in doubt, don’t offer it.

Sending seeds across borders

Most countries restrict importing seeds: phytosanitary certificates, prohibited species lists, and quarantine rules commonly apply — even to small envelopes between individuals, and also within the EU for certain species (plant passport rules). Before mailing seeds to another country, check the rules of the destination country. The safest exchanges are local ones — which is what Tane is designed for.

Seedlings and live plants

The same principles apply to seedlings, cuttings, bulbs and other live plant material — but live plants are usually regulated more strictly than seed. Plant-health (phytosanitary) rules, plant-passport requirements inside the EU, and quarantine on import commonly apply to living plants even when the equivalent seed is exempt. Keep seedling exchanges local, and check plant-health rules before moving live plants between regions or across borders.

Invasive and protected species

Some species may not be exchanged at all in some regions, either because they are invasive there or because they are protected. Lists are regional; check yours.

Tane takes no commission, mediates no transaction, and verifies no offer: exchanges are private dealings between the people involved (see the Terms of use). This notice exists so those dealings are informed ones.