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The National Cotton Council is the central organization of the U.S. cotton indus- 

 try, representing growers, ginners, cottonseed crushers, warehousemen, merchants, 

 cooperatives, and textile manufacturers from California to the Carolinas. 



Section 9 of the act would amend section 113 of the Plant Variety Protection Act 

 (PVPA) to remove the provision which allows a person, whose primary farming oc- 

 cupation is the growing of crops for sale for other than reproductive purposes, to 

 sell "saved seed" to other such persons, for reproductive purposes without being in 

 violation of the PVPA. The deletion of the provision allowing farmers to sell saved 

 seed, except as provided in section 12 of the proposed legislation, is necessary to con- 

 form to Articles 14(1) and 15(2) of the 1991 revisions to the Union for the Protection 

 of New Varieties of Plants (UPOV). We understand it is not the objective of the 

 amendment to diminish the right of a farmer to save seed for replanting and to use 

 the crop or sell it for other than reproductive purposes. 



While we support reasonable action to curb abuses of the "farmer's exemption," 

 we want to ensure the proposed legislation does not restrict the farmer's right to 

 save and replant saved seed in an arbitrarily narrow way which might ignore 

 normal farming practices. 



To ensure the right of a farmer to save seed for replanting, we urge the subcom- 

 mittee to consider establishing a clear legislative history which allows the saved 

 seed exemption to be interpreted in a practical manner recognizing normal farming 

 practices. Specifically, we recommend that the subcommittee clearly state its intent 

 that the exemption is not limited to the replanting of "saved seed" on the same acre 

 from which it was harvested. Instead, the exemption should be administered in such 

 a way as to allow a "farmer" (individual, partnership, corporation or trust) to plant 

 "saved seed" on any acreage involved in the farming operation, whether the land is 

 rented or owned by the individual, partnership, corporation or trust. Such a reason- 

 able definition of "farm" as used in the PVPA or "holdings" as used in the UPOV 

 will ensure that the spirit of the act is met without unduly interfering with normal 

 business practices. Consideration should also be given to the administration of the 

 act when a partnership or corporation holding "saved seed" is dissolved. Farmers 

 are not always individuals working the same acreage year after year. We urge the 

 subcommittee to clearly state that it is not the intent of Congress to limit the ex- 

 emption in extremely narrow terms. 



We also suggest reference in the legislative history to an issue that concerns 

 cotton producers because of the way cotton is processed. Cotton is harvested and de- 

 livered to a gin for separation of the lint from the seed. During the ginning process, 

 seed from various farming operations can become comingled because the ginning 

 process is a continuous one. We suggest the incidental comingling during normal 

 processing be within the intent of the exemption. 



Section 12 of the act provides that the amendment to the PVPA prohibiting the 

 sale of saved seed shall only apply to applications received before the effective date 

 of the amendment. We strongly support this provision which ensures that producers 

 are not faced with retroactive restrictions. This transition provision provides produc- 

 ers an assurance that the act is to be applied in a prospective and fair manner. We 

 strongly support retention of this important provision and ask that the legislative 

 history encourage development of a system which will enable farmers to easily iden- 

 tify seed that is eligible for resale compared to seed that is not. 



We appreciate this opportunity to comment on the proposed legislation. We be- 

 lieve the provisions related to the "farmers' exemption" and the transition provi- 

 sions are fair and reasonable and can be properly administered with the addition of 

 clear legislative history. 



We will be pleased to provide additional information or comments at any time. 

 Sincerely, 



(Signed) Jerry Calvani, 



Chairman. 



STATEMENT OF THE INTERNATIONAL ASSOCIATION OF PLANT 

 BREEDERS FOR THE PROTECTION OF PLANT VARIETIES (ASSINSEL) 



The International Association of Plant Breeders for the Protection of Plant Varie- 

 ties (ASSINSEL) is pleased to learn that the Government of the United States of 

 America plans to amend the 1970 Plant Variety Protection Act in order to bring it 

 in line with the new UPOV Convention adopted in 1991. 



ASSINSEL, which assembles the national associations of plant breeders of some 

 20 countries including that of the United States of America, believes that the new 

 UPOV Convention marks important progress for the protection of plant breeders' 



