The licensee of a Queensland developed plum variety with proven health benefits says some producers are illegally growing and selling the fruit, risking potential legal action.

Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. Listen Duration: 4 minutes 9 seconds 4 m 9 s Hugh Macintosh says the publicity around the Queen Garnet plum has led to some illegal production. Download 7.6 MB

The Queen Garnet plum was developed by the Queensland Government, and trials in rats last year showed was effective in reducing obesity.

Nutrafruit was granted the exclusive license to market and produce the plum in 2010, which means the fruit can only be planted and grown by growers who with a sub-license, and they can only sell it through agents who have been appointed by Nutrafruit.

But director of Nutrafruit Hugh Macintosh, said it had become evident some orchardists were illegally growing and selling the variety.

"There's been whispers around from last season, and in fact there was a little bit of fruit that came onto the market last season we knew was from unauthorised trees," he said.

"We also had some examples of fruit being sold as or marketed as Queen Garnet that wasn't Queen Garnet.

"That started last year I guess after the publicity started to be generated around the variety."

The plum is unique because of its high levels of anthocyanin — the pigment that was associated with reducing so called 'lifestyle diseases' like obesity, high blood pressure and fatty liver.

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Studies in rats last year showed consuming Queen Garnet juice reduced the impact of poor diets on those conditions, and the effect is now being studied in humans, including dementia patients, to attempt to validate the result.

If successful, the plum could be a big earner for the Queensland Government, which owns the variety and has proven fiercely protective of the intellectual property.

Under the Plant Breeders Rights Act (PBR) it is illegal to plant, grow or sell the variety without the owner's approval, and those that do trade in it can be taken to court.

Mr Macintosh said some growers were not aware their activity was illegal, while others blatantly flouted the restrictions.

"Because the variety's been around for probably 10 years or more since it was first selected and was being tested, trees jump the fence," he said.

"It's pretty easy to take a cutting from a tree and to produce another one; that's the main route that it happens.

"Others end up with trees because perhaps they didn't realise that the variety was protected and someone with good intentions has given them a tree to grow."

He said if a grower was identified as having Queen Garnet trees they were contacted and some were offered the change to enter into a license.

Legal action an option

-Mr Macintosh warned those selling the plum or who refused to sign a license or remove the trees, could face legal action and end up in court.

"If we can identify and do identify illegal plantings and illegal production and sale of fruit; it's not the preferred course but you can take legal action," he said.

Mr Macintosh said there have also been cases of ordinary plums being marketed as Queen Garnet in a bid to cash in on the publicity, but DNA finger printing technology can be used to test the validity of the claim and find the imposters.

"I can tell, but a lot of people won't be able to tell," he said.

"In fact they'll probably pick it up and eat it and they'll wonder what all the fuss is about.

"We have controlled marketing system, any fruit that goes out there that is Queen Garnet will have a sticker on it or it will have the Queen Garnet logo on the packaging that the fruit is in.

"If it's not in that format then there's a fair chance it's not Queen Garnet."

He said only a small amount of fruit had been found to breach the rules, but the authorities would act quickly to shut down any unauthorised production.

Anyone with any doubt over the licensing status of the fruit that they are offered or are selling should contact Nutrafruit.