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Posted by: Rimbaud
Ratbag
Joined: 16 Jul 2005
Posts: 424
Location: NSW
Posted: Thu Mar 23, 2006 10:45 am   

Post subject: An important legal announcement regarding Nicotiana species

Believe it or not guys, the Tax Office has a very different view of the botanical world than you or i! (surprise surprise)

I made an enquiry with the ATO and was contacted by an intelligence officer this morning.

He advised that the sale or even possession (i.e. cultivation) of any plants which both:
1. possess a common name with the word "tobacco" (ANYBODY'S common name!!!! For example the "Blue Tobacco Tree")
2. belong to the Nicotiana genus is illegal without a tobacco growers license.

Astonishingly, this applies to native tobacco plants like Nicotiana suaveolens and Nicotiana gossei.

As a consequence of this advice, all Nicotiana seeds have been removed from my web site, & all Nicotiana plants i own have been destroyed (by me). No doubt i'll see them popping up from time to time as weeds... and when i do, sorry little fellas, but i gotta remove ya.

Native "Aboriginal tobacco" seeds are illegal to sell without a license(on initial advice) because the Act groups all plant parts together (it lists seed, leaf, flower etc. together). If you have a lawyer & want to dispute the matter with the ATO (good chance you'd win) then maybe you could take a risk here. Unfortunately i can't afford a lawyer 

And of course to BUY tobacco seeds you ALSO need to be licensed. A pretty small market there!

Botanical gardens possess specific licenses for the growing of species in the Nicotiana genus (and if they don't, they are committing a crime).

Hmmph.

 

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