Re: [tomato] Re: Red Savina Habanero Pepper

Doreen Howard (
Wed, 31 Mar 1999 21:19:55 -0600

Very interesting.  Do you see this as a trend--the admonishment of sale in
the catalog description or on the package?  In all fairness, it is easy for
the developer of an Op variety to lose all rights and profits.  Tom Wagner
of Tater'Mater is a good example of that.  All the wonderful tomatoes like
Schimmeig Stoo, Green Zebra and Green Grape he developed--the profits went
to others.  BTW, I thought that OP varieties could not be patented, only
hybrids.  Has this changed or am I mistaken?  Carolyn Male told me this.
-----Original Message-----
From: Celeste or Dave Anderson <>
To: <>
Date: Wednesday, March 31, 1999 9:05 PM
Subject: [tomato] Re: Red Savina Habanero Pepper

> Chuck,
> The reason I asked about Caspian Pink is that rumor has it one of the seed
> catalogs this year is selling a pepper that comes with the caveat--"Do not
> save this seed.  It is patented, and you will face a fine of $X if you
> replant it."  I have yet to find this catalog or pepper.

I'll wade into this one too. The Red Savina Habanero is listed in the
Guinness record book as the world's hottest pepper. It was found as a
sport in the Habanero fields of GNS spices in California by Frank
Garcia, the owner. It is the first pepper variety to be PVP patented.
There is no restriction on saving seeds for your own use, but you
cannot sell the seeds to others.

The exclusive mail order rights for 1999 belong to Shepherds Garden
Seeds and the exclusive retail garden center rights belong to
Shepherds Garden Seeds and N-K Seed Company. N-K packages seeds under
many names including the "Better Homes and Gardens" label which is
sold by Wal-Mart. I was fortunate enough to visit the N-K plant in
Chattanooga this year. When they're running at full speed in the
summer, they can package 800,000 packets of seeds per day.

Frank has also patented a thick-walled orange habanero called
Francesca. I believe it is in Shepherds catalog and at their website.

Again there are no restrictions on saving seeds for your own use and
it is an open pollinated variety.

I made a proposal to GNS asking for internet rights to the seeds, but
the exclusive contracts don't expire until next year. I'm hoping to
add them to my arsenal then. I presently have small packets of Red
Savina and Apple Smoked Red Savina ground chiles for sale. They were
grown and dried by a friend of mine who grows several acres of Chiles
in Indiana.

Dave Anderson
Tough Love Chile Co.