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The development of new varieties requires significant monetary 

 investment. Frito-Lay attempts to control the availability of its 

 proprietary varieties by entering into contracts with seed growers 

 and then purchasing the seed potatoes grown. We believe that 

 protection should be afforded under the Plant Variety Protection 

 Act to control the propagation of proprietary varieties and to 

 protect investments made in the development of new potato 

 varieties. 



Virtually all plants grown in the United States are granted certain 

 protection if a new variety is developed. Sexually reproduced 

 plants are subject to breeder's rights under the Plant Variety 

 Protection Act, and asexually reproduced plants, with the specific 

 exception of tuber-propagated plants, are eligible to be patented 

 under the Plant Patent Act. Potatoes are afforded no coverage 



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