ana rustica, a wild, high-nicotine variety that is not used in ciga- 

 rettes in the United States. 



Over the next several years, Dr. Chaplin continued these efforts, 

 but he never succeeded in developing a plant that would grow prop- 

 erly. 



During that time, an employee of a Brown & Williamson affili- 

 ated company, that employee told us that he requested and re- 

 ceived tobacco seeds from Dr. Chaplin. From what we can gather, 

 there was no formal release of this high-nicotine tobacco variety for 

 commercial use. In the early 1980's, Brown & Williamson grew a 

 number of different high-nicotine plant lines on its experimental 

 farm in Wilson, NC, selecting those that had the best agronomic 

 characteristics. 



In 1983, Brown & Williamson contracted with DNA Plant Tech- 

 nology to work on tobacco breeding, including Y-1. Much of the Y- 

 1 work took place in the laboratories, greenhouses, and fields 

 owned by DNA Plant Technology. 



A few years later. Brown & Williamson also hired Dr. Chaplin 

 as a consultant. The scientific work on Y-1 involved a combination 

 of conventional and advanced genetic breeding techniques. 



These include traditional crosses and back crosses between dif- 

 ferent plant varieties and more sophisticated state-of-the-art breed- 

 ing techniques including anther culture, tissue culture, hybrid sort- 

 ing, and protoplast fusion that resulted in cytoplasmic male steril- 

 ity of the plant. 



The genetic makeup of Y-1 was verified by using genetic engi- 

 neering techniques involving restriction fragment length poly- 

 morphism, RFLP[s]. The story of this high-nicotine plant continues 

 in Rio Grande do Sul, Brazil. DNA Plant Technology and Dr. 

 Chaplin both told us that they saw Y-1 growing in Brazil on sev- 

 eral farms in the 1980's. 



These farms were under contract to Souza Cruz Overseas, a sis- 

 ter company of Brown & Williamson. We do not yet have all the 

 details of how Y-1 came to be growing in Brazil. We do know that 

 until December 13, 1991, export of tobacco seeds or live tobacco 

 plants was prohibited without a Tobacco Seed Plant Export Permit 

 from the U.S. Department of Agriculture. Such a permit could be 

 granted only if the shipment was for experimental purposes and 

 then only in amounts of a half a gram or less. 



Brown & Williamson and DNA Plant Technology have each in- 

 formed FDA that it believes the other may be responsible for the 

 shipment of Y-1 seeds outside the United States. We have asked 

 both countries to furnish copies of any export permits for Y-1. Ulti- 

 mately, Brown & Williamson succeeded in developing a tobacco 

 plant with about double the nicotine content of the standard vari- 

 ety that grew well and could be used commercially. 



To obtain commercial protection. Brown & Williamson, filed a 

 U.S. patent application and a Plant Variety Protection certificate 

 application for Y-1 in 1991. The company also deposited samples of 

 Y-1 seeds with the National Seed Storage Laboratory in Fort Col- 

 lins, Colorado. 



The plant certificate application was withdrawn about 3 months 

 ago on March 14, 1994. Brown & Williamson also removed the Y- 



