153 



Finally, SEC. 93. PROMPT PAYMENT 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". 



The above statement does not achieve the amendment's stated purpose: 'To 

 require prompt payment of amounts due seed growers under contracts with holders 

 of certificates of plant variety protection." 



Our industry has been producing under contracts with statements of (1) and (2) 

 above for years, and find no method of forcing the breeder/contractor to honor the 

 payment date. The following must become a part of the contract terms for prompt 

 payment: 



"(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 authoritjfof 

 the owner of the plant variety protection certificate 1 to market the seed^s the variety 

 or Variety Not Stated, (VNS)/} \ 



Thank you for giving us the opportunity to be a part of your deliberations. 



Sincerely, 



1VU 



%L 



Mark Wagoner <y*^ * 



President 



MW/nc 



cc Congressman Tom Foley, Speaker of the House 



Les demons, President, Washington Seed Council 



P«ge2of2 



82-169 O - 94 (160) 



