Weak Enforcement Undermines Efforts to Combat Counterfeit Seeds

By Milliam Murigi

African governments are imposing fines and prison sentences to combat counterfeit seeds, but enforcement efforts are lagging behind policy commitments, a new study has revealed.

The study , published in Frontiers in Environmental Economics, analysed seed policies, legal penalties and government measures to combat counterfeit seeds across 50 African countries.

It found substantial differences in how governments punish offenders, with maximum statutory fines ranging from US$1 to US$42,800 and prison sentences ranging from three months to 15 years.

“Governments across Africa, sometimes in partnership with seed trade associations, have begun to confront the problem of counterfeit seed through a combination of regulatory reform, technological innovation, and stakeholder engagement. Regulatory bodies are enforcing laws to oversee the quality and distribution of seeds while imposing penalties on those engaged in counterfeiting,” reads part of the report.

The researchers also found that 29 of the 50 countries had provisions allowing authorities to withdraw business licences as part of enforcement against counterfeit seed activities.

Other measures included confiscating and destroying counterfeit seeds, suspending businesses, issuing stop-sale orders and, in some cases, providing compensation to affected farmers.

However, the presence of penalties does not necessarily mean offenders are consistently detected or prosecuted. The researchers, drawing on the 2025 Seed Sector Performance Index, found a gap between government commitments reflected in laws and policies and the implementation of measures to combat counterfeit seeds. Limited institutional capacity was among the factors undermining enforcement.

Counterfeit seeds are planting materials deliberately misrepresented in terms of their quality, genetic identity or origin to deceive buyers. They may be falsely labelled as certified seeds or sold under misleading variety names.

The problem is not limited to staple crops such as maize. The study notes that counterfeit seeds can also affect high-value vegetables, including tomatoes and peppers, where hybrid seeds command premium prices.

The findings come at a time when the International Seed Federation (ISF), which represents the global seed industry, is stepping up its efforts to combat illegal seed practices.

Illegal seed practices can take many forms, including counterfeiting, seed piracy, theft, fraudulent labeling, trademark infringement and the unauthorized use or sale of protected varieties.

In September 2026, ISF organised a five-part webinar series, Combatting Illegal Seed Practices: From Awareness to Action, bringing together seed-sector stakeholders to explore ways of identifying fraudulent seeds and preventing their circulation.

The initiative addressed the consequences of illegal seed practices for farmers, legitimate seed businesses and food security, while exploring how scientific evidence can be translated into effective enforcement.

“Counterfeit seed is not only a loss for farmers, it is a challenge for the entire agricultural value chain. That is why there is need for collective responsibility and stronger collaboration across the seed value chain to protect quality, build trust and ensure innovation reaches farmers,” said Julius Nyabicha from the Cereal Growers Association during one of the meetings.

According to ISF, they decided to have this initiative because illegal seeds consequences extend across the entire seed value chain. Farmers experience crop failure, reduced yields, and financial losses. Legitimate businesses face unfair competition and weakened incentives to invest in research and innovation.

Hans-Joachim Henn, anti- counterfeit consultant According to Hans-Joachim Henn, anti- counterfeit consultant, fighting counterfeits is a challenge that not a single stakeholder can accomplish. It needs joint efforts from all parties involved. Governments, international organizations and private companies must work together to improve regulations, raise awareness and implement measures to prevent the production, transport, trade and use of counterfeits.

Farmers also play a crucial role and should be encouraged to always apply basic principles to avoid buying and using counterfeits. Technologies for reliable product authentication according to him are nowadays indispensable to give farmers confidence that the products they use fully comply with their efforts for reliable food production and sustainable agriculture.

“Consumers are at the end of the supply chain and have the last chance to prevent the use of potentially dangerous counterfeits, provided they have the right tools in hand to reliably distinguish between original and fake,” adds Henn.

According to Natalie Waterschoot from Bayer protecting genuine, quality seed is essential to maintaining trust, supporting innovation and ultimately protecting farmers from the risks of counterfeit and illegal seed.

But how can different actors be able to identify these counterfeits? Henn says that identifying these seeds requires more than inspecting packaging. Authentication and traceability systems can help track seeds from their source through distribution, allowing investigators to identify irregularities in the supply chain.

Laboratory testing can provide evidence about seed quality and identity, while certification records can help authorities investigate suspected fraud. But there is no one-fit-all solution. Reliable product authentication must be customized for a specific product and the packaging material used. Features like void and tamper proof effects, to prevent re-use of packaging material can be added as needed.

“Counterfeiters are becoming increasingly sophisticated thus detecting counterfeit products requires effective tools and methods. Reliable product authentication should be centered around a serialized and encrypted QR code or alternatively, a surface fingerprint,” says Henn.

The researchers however, cautioned that counterfeit seeds should not be confused with seeds obtained through informal systems, such as farm-saved seeds or exchanges between farmers. Such seeds are not automatically counterfeit.

The distinction lies in whether buyers are deliberately deceived. Counterfeit seeds involve the misrepresentation of a product’s quality, genetic identity or origin, often through false labels or packaging that makes ordinary grain or unverified planting material appear to be certified seed.

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