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with the specific exception of potatoes, are eligible to be patented 

 under the Plant Patent Act. Potatoes are afforded no coverage 

 under the Plant Variety Protection Act because they are not sexu- 

 ally reproduced and are specifically excluded from the Plant Patent 

 Act. 



This denial of ownership rights for the developer of a new potato 

 variety must be questioned. The Plant Patent Act was passed in 

 1939 and fulfilled its objective of encouraging the development of 

 new varieties of ornamental plants and other nursery stock. How- 

 ever, no rights existed for the protection of a plant variety that was 

 a source of food. 



By 1970, recognition of breeder's rights in food crops was ac- 

 knowledged, and the United States became a signatory to the 

 International Convention for the Protection of New Varieties of 

 Plants. Our participation in the UPOV treaty resulted in the Plant 

 Variety Protection Act that is the subject of today's hearing and 

 which now provides breeder's rights for virtually all of our present 

 food crops with the exception of potatoes. The Plant Variety Protec- 

 tion Act has provided the incentive to make tremendous strides in 

 improving such crops as corn, wheat, and soy. This same incentive 

 should exist for potatoes. 



Development of a new plant variety is important. Improved vari- 

 eties of potatoes will result in economic and quality benefits to 

 growers, producers, and consumers. There is, however, little incen- 

 tive for plant breeders to seek these improvements in potatoes be- 

 cause new varieties are not protected. 



Growers benefit when we develop new varieties that adapt to 

 specific geographic areas. Frito-Lay has a breeding program and 

 Frito-Lay has produced some good examples of varieties that have 

 provided geographic value. For example, we developed a variety 

 called FL795, which produces high-quality, dependable potatoes 

 and is particularly adapted to the South. We know of no other com- 

 mercial variety that has the consistent yield and quality to grow 

 in south Texas year after year. Without this variety, it would not 

 be economical to grow chipping potatoes in south Texas. 



Another example of a successful varietal development benefiting 

 growers is the FL1533. This is a drought tolerant variety, and 

 through the drought years of the late 1980's we returned near nor- 

 mal yields for our Red River Valley growers of North Dakota and 

 Minnesota. 



While such a program requires a sizable investment, its returns 

 are worthwhile when a new variety reduces processing costs 

 through traits such as higher solids, reduced internal defects, im- 

 proved color, and extended storage life. 



Another trait sought through potato breeding programs is inher- 

 ent pesticide resistance that will enable the growers to reduce or 

 eliminate chemical pesticides, which is a saving to the grower and 

 an obvious benefit to the environment. As you can see, variety de- 

 velopment is a benefit to growers, processors, and consumers. 



We believe that protection under the Plant Variety Protection 

 Act should be available to developers of potato varieties as a means 

 of supporting and encouraging investments in potato research. We 

 urge you to amend H.R. 2927 to include an amendment from Sen- 



