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The Farmer's Right 



What was once viewed as the farmer's inalienable right-the 10,000 year-old 

 ritual of saving seed from a harvested crop-is now jeopardized by plant patenting 

 laws at the national and international levels. 



The "farmer's exemption" or "farmer's right" has always been a 

 prominent feature of the PVPA The fundamental right of the farmer to save 

 his/her patented seed for replanting, (or for resale, if the farmer is not principally 

 in the business of reselling protected varieties) was so important that, when 

 hearings on the PVPA were first held in 1970, the assurance of this right was part 

 of the bargain made to gain passage of the legislation. 



But times have changed. For one thing, there has been tremendous 

 consolidation in the U.S. seed industry. Plant breeding and seed sales are now 

 dominated by multinational pharmaceutical and chemical corporations. These 

 companies now refer to the farmer's right to save seed and sell limited quantities 

 of proprietary seed as the "farmer's privilege" - a privilege they seek to revoke 

 through legislative and judicial means. 



Proposed amendments to the PVPA seek to eliminate the farmer's right to 

 sell limited quantities of proprietary seed to his or her neighbor. RAFI asks: How 

 long will it be before farmers lose the right to save proprietary seed for planting on 

 their own farm? 



RAFI does not support illegal brown-bagging of proprietary seed. We 

 acknowledge that some segments of the seed industry (in niche markets) have 

 suffered as a result of illegal brown-bagging. However, we feel that the proposed 

 amendments are too restrictive in dealing with the problem. Further, although 

 the seed industry claims that if is suffering severe financial hardship because of 

 illegal brown bagging, there is no evidence to support these claims, other than 

 anecdotal references. We know, for instance, that Pioneer Hi-Bred withdrew its 

 research-based seed operations for hard red winter wheat and hard red spring 

 wheat, but further details have not been made available. We are aware of the fact 

 that Asgrow Seed Co. (Upjohn Pharmaceutical) has initiated lawsuits against 

 some 20 farmers for alleged violations of brown-bagging. But we don't really know 

 how widespread the practice is-nor have alternative remedies been investigated. 

 Rather than pliminate the farmer's traditional right to sell limited quantities of 

 proprietary seed, members of Congress should first explore measures that will 

 place reasonable limits on incidental seed sales. 



RAFI believes that attempts to restrict the farmer's exemption under PVPA 

 will take us one step closer to total elimination of the farmer's right to save seed. 

 The seed industry acknowledges that it is both the practice of brown-bagging 

 proprietary seeds, as well as farmers saving their seed for re-planting on their 

 own holdings, that erodes seed industry sales. 1 If it becomes illegal for fanners to 

 sell proprietary seed to their neighbor, will the seed industry return to Congress a 



Personal communication with Sydney B. Williams, Jr., The Upjohn Co. in regard to Asgrow Seed 

 Company's lawsuits against soybean farmers. 



