Malaysian Food Sovereignty Forum (FKMM) Strongly Urges Comprehensive Consultation Before Tabling Amendments to the PNVP Act 2004 and the Plant Seed Quality Bill
The Malaysian Food Sovereignty Forum (FKMM), a network of 250 individuals comprising academics, professionals, NGO representatives and representatives of farmers’ groups, has expressed deep concern over the lack of proper consultation processes regarding the proposed amendments to the Protection of New Plant Varieties Act 2004 (PNPV Act 2004) and the Plant Seed Quality Bill (RUU). Although the Minister of Agriculture and Food Security has stated that the Plant Seed Quality Bill will be tabled next year, the issue of inadequate consultation remains critical for both these legislative initiatives.
On 28 June 2025, the Minister of Agriculture and Food Security, Yang Berhormat Datuk Seri Haji Mohamad Sabu, announced that amendments to the PNPV Act 2004 would be implemented for the purpose of more comprehensive plant variety protection. There is a high possibility that these amendments will be tabled in the Dewan Rakyat in the Second Meeting of the Third Term of the Fifteenth Parliament which is scheduled to take place from 21 July to 28 August 2025. Meanwhile, the Minister was also reported to have stated on 10 July that the Plant Seed Quality Bill would be tabled in parliament next year.
However, FKMM is very disappointed that to date, the text of the amendment to the PNPV Act 2004 and the Bill on the Quality of Plant Seeds has not yet been presented to the Parliamentary Select Committee (JPKP) for consultation and comprehensive study. This contradicts the assurance given by the Honorable Minister of Agriculture himself in the Dewan Rakyat session on 18 November 2024, where he stated that both the amendment and the Bill would be referred and presented first to the JPKP before being brought to the Dewan Rakyat session. This decision was reached through the Bill Meeting chaired by the Speaker of the Dewan Rakyat Tan Sri Johari Abdul on 18 July.
FKMM has held several meetings with the Ministry of Agriculture and Food Security (KPKM) since 2019, but these meetings were more of a briefing and many questions raised remained unanswered. To date, KPKM has failed to present the amended text for public consultation and has failed to hold meaningful discussions with national farmers’ associations, and indigenous peoples’ communities, and state governments.
The proposed amendment to the PNPV Act 2004 aims to align the act with the UPOV Convention 1991 (International Union for the Protection of New Varieties of Plants). However, it conflicts with the protection of Farmers’ Rights under various international treaties and declarations as well as the Malaysian constitution. The existing PNVP Act 2004 has been praised as a working model of law, which balances the interests of the public, commercial plant breeders, community breeders and small farmers. The Act also contains important features that defend farmers’ rights and national food security, including recognition of farmers’ contributions, permission for farmers to save, use, share and sell seeds, and a requirement for plant breeder’s right applicants to declare genetic resources to combat “biopiracy”. The proposed amendments would remove these unique balancing features and give wider monopolies to seed companies and plant breeders.
As for the Crop Seed Quality Bill, the regulatory impact assessment that was allegedly done in 2018 is highly irregular and unreliable because there was no consultation with farmers and the public before it was issued. The objective of this Bill to prevent seed buyers from being cheated is commendable, but by requiring licensing and notification to the Department of Agriculture for all individuals who store and distribute seeds, including small farmers, it is excessive and will only strengthen the corporate monopoly on crop seeds. This will restrict the traditional right of farmers to freely share and sell crop seeds among family, friends, and the public, and may lead to increased costs for farmers and excessive fines and prison sentences.
Therefore, FKMM urges that the amendments to the PNVP Act 2004 and the drafting of the Crop Seed Quality Bill be postponed for tabling in Parliament. This postponement is essential to provide sufficient space and time for the Parliamentary Select Committee and stakeholders, including farmers and civil society, to examine, provide feedback, and discuss in depth the implications of both legislative initiatives. The existing PNVP Act 2004 is sufficient and should be maintained.
Media Statement, July 16, 2025