18 



state-of-the-art breeding techniques including anther culture, 



(Chart 7) tissue culture, (Chart 8) hybrid sorting, and 



protoplast fusion (Chart 9) that resulted in cytoplasmic male 



sterility. The genetic makeup of Y-1 was verified by using 



genetic engineering techniques involving Restriction Fragment 



Length Polymorphism (RFLP) .' (Chart 10) The value of Y-1 to 



Brown & Williamson is reflected in the fact that Brown & 



Williamson had DNA Plant Technology make Y-1 into a male sterile 



plant. This procedure ensures that when a plant is grown it will 



not produce seeds that can be appropriated by others. 



Brown & Williamson characterized its achievement in a patent 



filing as follows (Chart 11) : 



"By the present invention or discovery, applicants have 

 succeeded in developing a tobacco plant that is 

 agronomically and morphologically suitable for commercial 

 tobacco production, i.e. it closely resembles SC 58, and 

 provides a pleasant taste and aroma when included in smoking 

 tobacco products, vet it is possessed of the N. rustica 

 high-nicotine attribute . So far as we know, this has not 

 been accomplished before..." [emphasis in original] 



What was accomplished was the development of a tobacco plant with 



a high-nicotine content — about 6 percent — that grew well and 



could be used commercially. 



The story of this high-nicotine plant continues in Rio 



Grande do Sul, Brazil. (Chart 12) DNA Plant Technology and Dr. 



Chaplin both told us they saw Y-1 growing in Brazil irv- the 



1980 's. These farms were under contract to Souza Cruz Overseas, 

 a sister company of Brown & Williamson. 



We do not yet have all the details of how Y-1 came to be 

 growing in Brazil. Until December 13, 1991, export of tobacco 

 seeds or live tobacco plants was prohibited under Federal law 

 (Chart 13) unless a Tobacco Seed Plant Export Permit (Form TB-37) 

 was granted by the United States Department of Agriculture. 

 Such a permit could be granted only after satisfactory proof was 

 offered that the seeds or plants were to be used solely for 

 experimental purposes and then only in amounts of a half a gram 

 or less.^^ 



Brown & Williamson and DNA Plant Technology have each 



