COMMITTEE ON AGRICULTURE, NINETY-SIXTH CONGRESS SECOND SESSION ON S. 23 A BILL TO AMEND THE PLANT VARIETY PROTECTION ACT (7 S. 1580 A BILL TO AMEND THE PLANT VARIETY PROTECTION ACT TO AND S. 2820 A BILL TO AMEND THE PLANT VARIETY PROTECTION ACT TO CONTENTS Stewart, Hon. Donald W., a U.S. Senator from Alabama, opening statement .... S. 23, reprint of... S. 1580, reprint of.. S. 2820, reprint of.. Page 1 195 200 205 210 Staff explanation of S. 23, S. 1580, and S. 2820. CHRONOLOGICAL LIST OF WITNESSES TUESDAY, JUNE 17, 1980 Schlei, Barbara, Administrator, Agricultural Marketing Service, U.S. Depart- 2 Loden, Harold E., executive vice president, American Seed Trade Association Lewis, Dr. Charles F., Bryan, Tex..... Anderson, Katherine, director, botanical gardens project, Gardens for All, Doyle, Jack, Washington representative, Environmental Policy Center.. 48 Dunner, Donald, president, and Sidney Williams, chairman, Committee on 51 WEDNESDAY, JUNE 18, 1980 Lewis, Dr. Charles F., Bryan, Tex........ Doyle, Jack, Washington representative, Environmental Policy Center McCurry, Dan, Consumers Federation of America Nelson, Ginger, National Center for Appropriate Technology APPENDIX Schlei, Barbara Lindemann, Administrator, Agricultural Marketing Service, Jones, Dr. Quentin, Science and Education Administration, U.S. Department of Agriculture, statement Loden, Harold D., executive vice president, American Seed Trade Association, and executive vice president, National Council of Commercial Plant Breed ers: Statement.. 75 Letter dated July 31, 1980, to Senator Stewart from Mr. Loden. 78 81 "Plant Genetic Resources-Conservation and Use"-Booklet prepared by National Plant Genetic Resources Board, reprint of.. 85 Fowler, Cary, National Sharecroppers Fund, statement....... 117 Caldwell, Dr. Billy E., head, Crop Science Department, North Carolina State Anderson, Katherine, director, botantical gardens project, Gardens for All, Statement..... Doyle, Jack, Washington representative, Environmental Policy Center: Letter to Senator Stewart dated June 25, 1980. Dunner, Donald R., American Patent Law Association, Arlington, Va.: Statement...... Page 127 129 132 133 141 142 Letter dated July 3, 1980, to Senator Stewart, with attached responses to questions asked at the June 17, 1980, hearing. McCurry, Dan, Consumers Federation of America, statement. 149 153 Nelson, Ginger, National Center for Appropriate Technology, Butte, Mont., statement 157 Sullivan, Walter F., Bishop of Richmond, statement prepared by Patrick J. 159 Sutton, Tom, Public Citizen's Congress Watch, statement. Weiskel, Timothy C., Andrew Mellon faculty fellow, Harvard University, statement... Hinkle, Maureen K., pesticides monitor, Environmental Defense Fund, state- Ehrenfeld, David W., M.D., Ph. D., professor, Rutgers, the State University of Rogers, James M., executive director, Southeast Arkansas Community Action Nabhan, Gary Paul, statement McLaughlin, Foil W., Association of Official Seed Certifying Agencies, Raleigh, N.C., statement... Dahlberg, Kenneth A., associate professor, political science, Western Michigan University, Kalamazoo, Mich., statement Johnson, Huey D., secretary for resources, Priscilla C. Grew, director, Depart- Stafford, Elizabeth, assistant planner, Crowley's Ridge Development Council, Lerins, Richard, John Rock Professor of Population Sciences, Harvard Univer- PLANT VARIETY PROTECTION ACT TUESDAY, JUNE 17, 1980 U.S. SENATE, SUBCOMMITTEE ON AGRICULTURAL RESEARCH AND GENERAL LEGISLATION OF THE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY, Washington, D.C. The subcommittee met, pursuant to notice, at 9:16 a.m., in room 324, Russell Senate Office Building, Hon. Donald W. Stewart (chairman of the subcommittee) presiding. Present: Senator Stewart. STATEMENT OF HON. DONALD W. STEWART, A U.S. SENATOR FROM ALABAMA Senator STEWART. This morning the Subcommittee on Agricultural Research and General Legislation will receive testimony on three bills, S. 23, S. 1580, and S. 2820.1 These bills would amend the Plant Variety Protection Act enacted in December 1970. It is designed to encourage the development of new varieties of sexually reproduced plants. By the act, a patent-like certificate is provided the breeder of new varieties for a 17-year period. Amendments to the act are being considered today which would include six vegetables specifically deleted in the original act, and alter provisions of the act so as to be in accordance with the international union for the protection of new varieties of plants. Though the Department of Agriculture supports these amendments, as do many sectors of the agricultural research community, there has been vocal opposition to the patenting process and to these amendments. Many of those opposing the amendments, as I understand it, are here to testify today. Some of the most often repeated concerns expressed by those in opposition to the bill are that the patenting process encourages the loss of some genetic material, that the patenting process has encouraged the acquisition of seed companies by larger corporations, and that there is a need to look at the rising cost of seed in its relation to the patenting process. The hearing today is on the bills which would amend the original act. Being new to this area, I look forward to the examination of these many issues related to the plant patenting process. Intimately related to the creation of new plant varieties is the collection and storage of our genetic heritage in the form of germplasm. 1 See p. 195 for reprints of S. 23, S. 1580, and S. 2820, with accompanying staff explanations. |