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have no coverage under the Plant Variety Protection Act (because they are not sex- 

 ually reproduced) and no coverage under the Plant Patent Act (where they are spe- 

 cifically excluded). 



A review of the legislative history indicates why there is no protection afforded to 

 one who develops an improved strain of potato, yet the rationale for continuing this 

 omission does not exist. The exclusion of potatoes in 1939 under the Plant Patent 

 Act was due to a reluctance to compromise the public needs by providing private 

 rights in a food crop. The Plant Patent Act was intended to foster innovation and 

 provide interest in ornamental varieties of plants and other nursery stock, and has 

 succeeded well in that regard. Recognition of breeder's rights in food crops was ac- 

 knowledged at a later time when the United States became a signatory to the Inter- 

 national Convention for the Protection of New Varieties of Plants (UPOV). United 

 States participation in the UPOV Treaty provided breeders rights for sexually re- 

 produced plants, essentially all of our food crops except potatoes, and has fostered 

 technical investments to develop new varieties of these plants. Although not avail- 

 able in the United States, breeder's rights are afforded to novel potato cultivars in 

 other signatory countries of the UPOV Treaty. 



Potatoes are a significant food crop in the United States and throughout the 

 world. In the United States, potatoes are the leading vegetable crop in terms of 

 acreage and farm value, with 1.2 million acres planted in 1991, yielding nearly 42 

 billion pounds, and over $2.5 billion in sales. Worldwide, nearly 300 million metric 

 tons are produced annually. Improved varieties of potatoes can result in such eco- 

 nomic and consumer benefits as higher solids content, reduced internal defects, im- 

 proved color, inherent pesticide resistance, and extended storage characteristics. 

 There is however, little incentive for potato breeders to seek these improvements 

 because any new variety can be propagated without the breeder's consent. 



Frito-Lay respectfully requests that this subcommittee amend the Plant Variety 

 Protection Act to provide protection to developers of potato varieties seeking to con- 

 trol the propagation of a variety and to protect and recoup their investment in its 

 development. Frito-Lay believes that the protection should be afforded to developers 

 as a means of supporting and encouraging investments in varietal development of 

 this significant food crop. 



