PLANT VARIETY PROTECTION ACT 

 AMENDMENTS OF 1993 



TUESDAY, MAY 24, 1994 



House of Representatives, 

 Subcommittee on Department 



Operations and Nutrition, 

 Committee on Agriculture, 



Washington, DC. 



The subcommittee met, pursuant to call, at 2:05 p.m., in room 

 1300, Longworth House Office Building, Hon. Charles W. Stenholm 

 (chairman of the subcommittee) presiding. 



Present: Representatives Sarpalius, Dooley, 'Inslee, Volkmer, 

 Holden, Pomeroy, Smith of Oregon, Emerson, Gunderson, Allard, 

 Barrett, Ewing, Kingston, and Canady. 



Also present: Representative Roberts, ranking minority member 

 of the committee. 



Staff present: Joseph Muldoon, associate counsel; Gary R. Mitch- 

 ell, minority staff director; John E. Hogan, minority counsel; Dale 

 Moore, minority legislative coordinator; Glenda L. Temple, clerk; 

 Stan Ray, James A. Davis, Xavier Equihua, and Pete Thomson. 



OPENING STATEMENT OF HON. CHARLES W. STENHOLM, A 

 REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS 



Mr. Stenholm. The subcommittee will come to order. 



Today's hearing focuses on H.R. 2927, the Plant Variety Protec- 

 tion Act Amendments of 1993, which would amend our domestic 

 law to implement the 1991 international agreement to provide uni- 

 form protection to plant varieties. 



The United States is a member of the 24-nation Union — the 

 International Union for the Protection of New Varieties of Plants, 

 better known as UPOV — which includes Canada, Australia, New 

 Zealand, Japan, South America and many European countries. 



At issue is who has rights to a particular seed, genetic trait or 

 combination of genetic traits and how far breeders' rights should 

 extend. The Plant Variety Protection Act was passed in 1970 to 

 protect seed varieties without infringing on the farmer's traditional 

 right to save and sell seed. Under the international agreement, 

 however, there is only an exception for the farmer to save his own 

 seed but not to sell any without the permission of the breeder. 

 Striking a balance between the two is a difficult proposition. 



I look forward to the testimony from today's witnesses and trust 

 it will help this subcommittee better understand these issues as we 

 consider this important legislation. 



[H.R. 2927 follows:] 



(l) 



