Argentina: Senate Bill Would Cap Seed Royalties at 10% and Cover Saved Potato Tubers
Key takeaways
- 10% of original seed value is the proposed royalty ceiling
- 20.247 is the number of the seed law the bill would reform
- 3 March 2026 is the date the bill entered the Senate
- 2 senators, Capitanich and Bahl, sponsor the seed bill
Why it matters
- For farmers
- Check which of your varieties are protected. If you save tubers of those varieties, estimate a royalty of up to 10% of the original seed value and follow the debate in the Senate.
- For suppliers
- Breeders and seed companies should prepare licensing and tracing systems for saved tubers, in case the bill passes. Public-domain varieties would stay royalty-free.
60-second summary
Argentine lawmakers are weighing a change that would make growers pay breeders when they replant tubers of protected potato varieties. The Senate initiative, sponsored by Jorge Capitanich and Adán Bahl, amends seed law 20.247 so that saving seed remains allowed but becomes a paid exception, with the royalty capped at 10 percent of the original seed price and the saved quantity limited to what was legally bought. Registered family farmers would be exempt from payment but must sign up to a user register, and public-domain varieties would stay free once breeder rights lapse. Seed firms, public breeders and growers who multiply their own seed all have a stake, because the bill would give breeders a clearer route to income and add a cost for many farms. The caveat is that the bill was filed in March, has not yet been debated, and the details come from one media report that could not be checked against the Senate text.
A bill in the Argentine Senate would change the rules on farm-saved seed. It proposes to reform Law 20.247 on Seeds and Plant Creations. Senators Jorge Capitanich and Adán Bahl presented the initiative. The project was reported on 23 September 2026 by the news site Agendar and the potato portal Argenpapa.
The bill does not ban the use of saved seed. Instead, it treats own use as an exception for protected varieties. Farmers who are not exempt would have to pay royalties to the breeder.
Main changes
Royalties would be limited to 10% of the value of the original seed. The amount of seed a farmer keeps could not exceed the volume bought legally. A larger amount would need the express consent of the breeder.
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Family farmers listed in the National Register of Family Agriculture would not pay royalties. However, they would still have to join a register of users.
What it means for potatoes
For potatoes, the rule would cover tubers kept as planting material when they belong to protected varieties. Public-domain varieties would not carry royalties once the breeder’s right has expired.
According to the report, the bill entered the Senate on 3 March 2026. It still has to go through parliamentary debate. No vote date has been announced.
Context
Argentina grows potatoes mainly in the southeast of Buenos Aires province, Córdoba, Tucumán and Mendoza. Many growers multiply their own seed for several generations. Seed companies and public breeders such as INTA license protected varieties. Enforcing royalties on saved tubers has been difficult in practice.
Why it matters
If passed, the law would give breeders a clearer legal basis to collect royalties on saved potato seed. This could support investment in new varieties. For growers who save their own seed, it would add a cost and a registration duty. The cap of 10% sets a limit on that cost. Growers of older, public varieties would not be affected.
Photo: Seed potatoes (illustrative). Gaurav Dhwaj Khadka / Wikimedia Commons, CC BY-SA 4.0
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What next
The bill still needs committee and floor debate in the Senate and then the Chamber of Deputies. No vote date has been set.
Sources
- Agendar via Argenpapa — https://www.argenpapa.com.ar/noticia/17808-argentina-un-proyecto-busca-limitar-el-uso-propio-de-semillas-protegidas
- ОДИН ИСТОЧНИК
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