84 



Wc believe H.R. 2927 reinforces the free flow of germplasm, an essential component to genetic 

 diversity. 



We also believe H.R. 2927 will specifically insure: (1) first generation hybrids are protected 

 (2) protection is extended to 20 years (3) protection to harvested plant parts is included 

 (4) a farmer's ability to save protected varieties for use on their own holdings (5) a definition of 

 the concept of "essentially derived". 



We also urge you to adopt changes that have been agreed to in S. 1406 which are: 

 (1) extending protection to potatoes and tubers (2) clarifying the ability to condition legitimate 

 farm saved seed (3) VNS labelling allowance for grasses, alfalfa and clover, and that portion of 

 S. 1406, Sec. 93. PROMPT PAYMENT. Which reads as follows: 



"If a seed grower contracts with the holder of a certificate of plant variety protection issued under 

 this Act, or a licensee of the holder, to produce lawn, turf, or forage grass seed, alfalfa, or clover 

 seed, protected under this Act, payments due the grower under the contract shall be completed not 

 later than the earlier of~ 



"(1) 30 days after the contract payment date; or 



"(2) May 1 of the year following the production of the seed". 



And for reasons set forth above, the following must be added: 



"(3) And if the breeder/contractor certificate holder or licensee should fail to 

 make payment and/or take delivery of the seed produced by the grower pursuant 

 to the contract, the grower and all subsequent purchasers shall have the authority 

 of the owner of the plant variety protection certificate to market the seed as the 

 variety or Variety Not Stated, (VNS)." 



Again I wish to thank you and your committee for the opportunity to appear on a panel at the 



hearin'g4M|MBHBrtnHMMMiHMMi A " of us - agriculture, and especially the 

 WashingtonSeedProducers, appreciates your consideration of our industry as this amendment 

 moves forward under your guidance. 



Sincerely 



Washington Seed Council 



Les Clemons 

 President 



LC/nc 



