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The Title 5 option of the Plant Variety Protection Act provides a good illustration of the 

 problems created by the breeder specifying that the seed be marketed only as a class of 

 certified seed. This creates a problem in what to do with the seed that does not meet the 

 varietal certification scheme either through field inspection or some other means, again at 

 no fault of the grower or the production company. This creates a scenario where 

 "bootleg" marketing becomes the norm rather than the rarity. We do not need another 

 series of amendments which limits sale of product to a market niche which is interested in 

 and even demands the product. 



Currently production contracts are written for the production of "PVP" varieties which 

 include language that allows the grower to negotiate price for that seed not meeting the 

 varietal certification requirements of the variety. It further allows sale of the product as 

 "VNS" material. If the amendments are implemented as written it would effectively 

 eliminate the sale of these products, putting undo financial stress on the growers at a time 

 when farmers are facing increased production costs and less of an economic base to draw 

 on for the future 



We firmly believe that the inclusion of the VNS labeling allowance for grasses, alfalfa, 

 and clover will not detract from the objectives of H.R. 2927 It will continue to allow for 

 the recovery of costs incurred by companies involved in varietal development as well as 

 continue to allow for the free flow of germplasm It will further allow growers the 

 opportunity to recover some of their production costs while supporting the development 

 of a stronger program for the development of PVP material. 



Terj^Peters 

 General Manager 



