it means.. most likely .. that you can not sell what you divide off ...

and that is why.. TC plugs of it are more expensive.. that is where the fee is taken ..

now.. whether or not they will ever track you down.. and sue you for the few dollars you make.. is another topic ...

frankly.. i dont know why you would bother with the few that are patented... there are only about 2000 that are not ..

somewhere along the line.. your momma should have taught you not to cheat others.. so why cheat them out of their due???? .... dont ya think ...

ken

Hi,

first, I somewhat doubt that Hollywood Lights would be offered at a rummage sale.

Second, the patent means that asexual propagation (division) for ANY reason is unlawful. Doesn't matter if you make money at it, you aren't supposed to do it (are they going to track you down? doubtful)

Third, anyone selling hostas at a rummage sale is breaking the law anyway, since you can only sell or offer plants if you are licensed and the plants have been inspected. Goes for any plant sale, yard sale, garden club sale, church sale. Go a step further, and only those with a quarantine certificate can mail plants across state lines.

Way too many people trade or sell nematode infested plants and I've seen virused plants offered at plant sales dug from unsuspecting gardens - I'm certain lots of those plants have nematodes too. So just be wary of what you are getting into when you buy those hostas for a buck at a rummage sale. ;)

I've talked with AG inspectors who sometimes read the sunday papers looking for plant sales and will drive out and shut them down or hand them an invoice for the inspection. LOL

Chris

This is the Hosta that I thought was Hollywood Lights.

I thought that it was likely illegal to divide patented Hostas, but this really looked like Hollywood Lights, but I thought it was very odd that this guy got a patented plant from a rummage sale for $7. That is what prompted my question. I have no desire to duplicate any plants that infringe on anyone's rights.

I looked it up before so I knew for myself, and you don't have to be licensed in Wisconsin if you sell less than $250 per year of plants in state.

From the WI Department of Agriculture, Trade & Consumer Protection:
"Who needs a Nursery License?"
"Anyone selling more than $250 in nursery stock or Christmas trees annually needs to be licensed.
Nursery stock as defined by state statute (ch. 94.10 Wis. Stats.)"
"If your sales/purchases are less than $250, a license is not required,"

Is there any way to know if your getting Hostas with nematodes? I know what the Hosta X virus looks like and watch for that.

Thanks,

Jamie

Jamie, I don't think that your hosta is 'Hollywood Lights' which is a tetraploid montana. Yours looks like sieboldiana and is more likely
'Great Expectations' or one of the similar sieboldiana sports.

Dan

Jamie-

Just a word of caution...Hostas can be HVX positive and NOT be showing any outward signs. It can show up years later and then you are SOL. There is a water test, using a magnifing glass to see the neems.

That line says "sales/purchases" not just "sales". It would be real easy to hit that figure on purchases alone.

-Babka

Thanks for the clarification on the Hosta Name.

To avoid HVX, do you restrict yourself to only buying from tested nurseries? Do you avoid everyone local? i.e. hobby growers

Jamie