views, experiences and best practices as an example of possible … · of national measures, best...

Views, Experiences and Best Practices as an example of possible options for

the national implementation of Article 9 of the International Treaty

Note by the Secretary At its second meeting of the Ad hoc Technical Expert Group on Farmers’ Rights (AHTEG), the Expert Group agreed on a revised version of the template for collecting information on examples of national measures, best practices and lessons learned from the realization of Farmers’ Rights This document presents the updated information on best practices and measures of implementing Article 9 of the International Treaty submitted by the United States of America on 30 July 2019. The submission is presented in the form and language in which it was received.

http://www.fao.org/3/ca4906en/ca4906en.pdf

http://www.fao.org/3/ca4907en/ca4907en.docx

Template for submission of

Measures, Best Practices and Lessons Learned from the Realization of Farmers’ Rights

as set out in Article 9 of the International Treaty

U.S. Submission

Contents

Agricultural Conservation Easement Program (ACEP) ................................................................................ 1

Crop Insurance .............................................................................................................................................. 5

Plant Variety Protection Board .................................................................................................................... 8

National Agricultural Research, Extension, Education, and Economics Advisory Board ......................... 11

Federal Seed Act ......................................................................................................................................... 15

Germplasm Resources Information Network ........................................................................................... 18

National Plant Germplasm System ............................................................................................................ 22

Office of Technology Transfer .................................................................................................................... 26

Public Access to Expired PVP Seeds ........................................................................................................... 30

Right to Save Seed under PVPA ................................................................................................................. 33

USDA Crop Germplasm Committees ......................................................................................................... 36

Agricultural Conservation Easement Program (ACEP)

Basic information

Title of measure/practice Agricultural Conservation Easement Program (ACEP)

Date of submission July 30, 2019

Name(s) of country/countries in which the measure/practice is taking place United States

Responsible institution/organization (name, address, website (if applicable), e-mail address, telephone

number(s) and contact person) U.S. Department of Agriculture Natural Resources Conservation

Service

Type of institution/organization (categories) Government

Collaborating/supporting institutions/organizations/actors, if applicable (name, address, website (if

applicable), e-mail address, telephone number(s))

Description of the examples

2

Mandatory information:1

Short summary to be put in the inventory (max. 200 words) including:

o Implementing entity and partners

o Start year

o Objective(s)

o Summary of core components

o Key outcomes

o Lessons learned (if applicable)

Administered by USDA’s Natural Resources Conservation Service (NCRS), the Agricultural

Conservation Easement Program, established in 2014, provides financial and technical assistance to help

conserve agricultural lands and limit non-agricultural uses of the land.

Agricultural Land Easements protect the long-term viability of the nation’s food supply by preventing

conversion of productive working lands to non-agricultural uses. Land protected by agricultural land

easements provides additional public benefits, including environmental quality, historic preservation,

wildlife habitat and protection of open space.

Brief history (including starting year), as appropriate

The Agricultural Conservation Easement Program was established by the 2014 Farm Bill.

Core components of the measure/practice (max 200 words)

NRCS provides financial assistance to eligible partners for purchasing Agricultural Land Easements that

protect the agricultural use and conservation values of eligible land. In the case of working farms, the

program helps farmers and ranchers keep their land in agriculture. Eligible partners include American

Indian tribes, state and local governments and non-governmental organizations that have farmland,

rangeland or grassland protection programs.

Under the program, NRCS may contribute up to 50 percent of the fair market value of the agricultural

land easement. Where NRCS determines that grasslands of special environmental significance will be

protected, NRCS may contribute up to 75 percent of the fair market value of the agricultural land

easement.

Description of the context and the history of the measure/practice is taking place (political, legal and

economic framework conditions for the measure/practice) (max 200 words)

Expanding development and population pressures pose a threat to keeping farmland in agricultural

production. Easements help keep lands in family hands while providing an enhanced opportunity to keep

productive land available for entry into farming through increased availability of affordable land for

young, beginning, veteran and under-represented farmers.

To which provision(s) of Article 9 of the International Treaty does this measure relate

Art. 9.1

Other information, if applicable

1 This mandatory information is required in order for the measure/practice to be included in the Inventory.

3

Please indicate which category of the Inventory is most relevant for the proposed measure, and which

other categories are also relevant (if any):

No. Category Most

relevant2

Also

relevant3

1 Recognition of local and indigenous communities’, farmers’

contributions to conservation and sustainable use of PGRFA, such

as awards and recognition of custodian/guardian farmers

2 Financial contributions to support farmers conservation and

sustainable use of PGRFA such as contributions to benefit-sharing

funds

X

3 Approaches to encourage income-generating activities to support

farmers’ conservation and sustainable use of PGRFA

X

4 Catalogues, registries and other forms of documentation of PGRFA

and protection of traditional knowledge

5 In-situ/on-farm conservation and management of PGRFA, such as

social and cultural measures, community biodiversity management

and conservation sites

6 Facilitation of farmers’ access to a diversity of PGRFA through

community seed banks4, seed networks and other measures

improving farmers’ choices of a wider diversity of PGRFA.

7 Participatory approaches to research on PGRFA, including

characterization and evaluation, participatory plant breeding and

variety selection

8 Farmers’ participation in decision-making at local, national and

sub-regional, regional and international levels

9 Training, capacity development and public awareness creation

10 Legal measures for the implementation of Farmers’ Rights, such as

legislative measures related to PGRFA.

11 Other measures / practices

In case you selected ‘other measures’, would you like to suggest a description of this measure, e.g. as

a possible new category? ____________________________________________________________

Objective(s)

2 Please select only one category that is most relevant, under which the measure will be listed.

3 Please select one or several categories that may also be relevant (if applicable).

4 Including seed houses.

4

Target group(s) and numbers of involved and affected farmers5

Location(s) and geographical outreach

Resources used for implementation of the measure/practice

How has the measure/practice affected the conservation and sustainable use of plant genetic resources

for food and agriculture?

Please describe the achievements of the measure/ practice so far (including quantification) (max 200

words)

Producers and partners protected more than 1.1 million acres of farmland and 340,000 acres of

grassland through ACEP’s predecessor programs – Farm and Ranch Lands Protection Program and

Grassland Reserve Program.

Since the transition to ACEP in 2014, NRCS has worked with hundreds of landowners and partners to

support the preservation of almost 500,000 acres through agricultural easements.

Other national level instruments that are linked to the measure/practice

Are you aware of any other international agreements or programs that are relevant for this

measure/practice?

Other issues you wish to address, that have not yet been covered, to describe the measure/practice

Lessons learned

Describe lessons learned which may be relevant for others who wish to do the same or similar

measures/practices (max 250 words).

What challenges encountered along the way (if applicable) (max 200 words)

What would you consider conditions for success, if others should seek to carry out such a measure

or organize such an activity? (max 100 words)

Further information

Link(s) to further information about the measure/practice

https://www.nrcs.usda.gov/wps/PA_NRCSConsumption/download?cid=nrcseprd1398819&ext=pdf

5 Any classification, e.g. of the types of farmer addressed, may be country-specific.

https://www.nrcs.usda.gov/wps/PA_NRCSConsumption/download?cid=nrcseprd1398819&ext=pdf

5

Crop Insurance

Basic information

Title of measure/practice Crop Insurance




number(s) and contact person) U.S. Department of Agriculture Risk Management Agency








o Start year

o Objective(s)


o Key outcomes


Administered by the USDA Risk Management Agency, the Federal Crop Insurance Corporation

(FCIC) promotes the economic stability of agriculture through a sound system of crop insurance

and providing the means for the research and experience helpful in devising and establishing

such insurance.


The USDA Risk Management Authority (RMA) was created in 1996 to serve America’s agricultural

producers through effective, market-based risk management tools to strengthen the economic stability of

agricultural producers and rural communities.


RMA manages the Federal Crop Insurance Corporation (FCIC) to provide innovative crop insurance

products to America’s farmers and ranchers. Approved Insurance Providers (AIP) sell and service Federal

crop insurance policies in every state and in Puerto Rico through a public-private partnership with RMA.

RMA backs the AIPs who share the risks associated with catastrophic losses due to major weather events.



Agriculture is an inherently risky business. Some risks are everyday business risks; some risks are

brought on by natural disasters. Producers need to regularly manage for financial, marketing, production,

human resource, and legal risks.


6

USDA offers tools to assist producers as they meet these planning needs, including access to risk-

management tools, such as crop insurance, or information regarding markets and risk, technical assistance

coping with common risks, protection from the spread of animal and plant diseases and pests, and, when

applicable, assistance recovering from natural disasters.


Art. 9.2b




No. Category Most

relevant7

Also

relevant8






funds



X











variety selection






7







Objective(s)







words)



measure/practice?


Lessons learned






Further information



8

Plant Variety Protection Board

Basic information

Title of measure/practice Federal Advisory Committee – Plant Variety Protection Board




number(s) and contact person) U.S. Department of Agriculture








o Start year

o Objective(s)


o Key outcomes


The U.S. government has several federal advisory committees that provide opportunities for farmers to

participate in making decisions related to the conservation and sustainable use of plant genetic resources,

including the Plant Variety Protection Board (PVPB).

The PVPB advises the Secretary of Agriculture concerning the adoption of rules and regulations to

facilitate the proper administration of the Plant Variety Protection Act; makes advisory decisions for the

Secretary on appeals concerning decisions on applications by the Plant Variety Protection Office and on

requests for emergency public-interest compulsory licenses; and advises the Secretary on any other

matters under the rules and regulations.


The PVPB was started in 1970.


The duties of the PVPB are solely advisory. The PVPB advises the Secretary of Agriculture concerning

adoption of rules and regulations to facilitate the proper administration of the Act and makes advisory

decisions on all appeals from the examiner or Commissioner. The PVPB also advises the Secretary of

Agriculture on all matters under the Regulations and Rules of Practice and on all questions under Section

44 of the Act, "Public Interest in Wide Usage" (7 U.S.C. 2404).


9

The 14 member PVPB is appointed by the Secretary of Agriculture serves for a period of 2 years.

Membership of the PVPB includes farmer representation and is drawn approximately equally from the

private seed industry sector and from the sector of the Government or the public.



The PVPB is an advisory committee established in accordance with the Federal Advisory Committee Act

(FACA). FACA was enacted in 1972 to ensure that advice by the various advisory committees formed

over the years is objective and accessible to the public.


Art. 9.2c




No. Category Most

relevant12

Also

relevant13






funds














10



variety selection



X







Objective(s)







words)



measure/practice?


Lessons learned






Further information


https://www.ams.usda.gov/services/plant-variety-protection/pvpo-advisory-board


https://www.ams.usda.gov/services/plant-variety-protection/pvpo-advisory-board

11

National Agricultural Research, Extension, Education, and Economics Advisory Board

Basic information

Title of measure/practice Federal Advisory Committee – National Agricultural Research,

Extension, Education, and Economics Advisory Board












o Start year

o Objective(s)


o Key outcomes


The U.S. government has several federal advisory committees that provide opportunities for farmers to

participate in making decisions relative to the conservation and sustainable use of plant genetic resources,

including National Agricultural Research, Extension, Education, and Economics Advisory Board

(NAREEEAB).

The NAREEEAB provides advice to the Secretary of Agriculture and land-grant colleges and universities

on top priorities and policies for food and agricultural research, education, extension and economics.


The NAREEEAB was started in 1996.


The NAREEEAB is a congressionally-mandated Board of 25 members (and 6 ex-officio members), who

are appointed by the Secretary of Agriculture to represent the interests and needs of broad and diverse

stakeholders across the Nation. Stakeholders consist of those from the farm, rural, food, fiber and natural

resource sectors. Their respective affiliations include: businesses; organizations; local and state

governments; regional groups; producers; processors; food and fiber handlers and transportation servers;

retailers; teachers (K-12) and other educators; Land-Grant colleges and universities, along with interested

non-Land-Grants; scientists; engineers; economists; and the American consumers.


12

Two full Annual Board Meetings held are held each year approximately 6 months apart. Many activities

continue throughout the interim by short-term Working Groups, Task Forces, Planning Committees, Ad

Hoc Committees, and the recently established congressionally-mandated Citrus Disease Subcommittee,

the Specialty Crop Committee, the National Genetic Resources Advisory Council Subcommittee, and the

Renewable Energy Committee.

The Executive Committee of the Board meets monthly via conference call to receive updates on progress

and discuss emerging issues of national importance. The Executive Committee includes the USDA Under

Secretary for Research, Education, and Economics (ex-officio to the full Board) on these calls, which

encourages dialogue between USDA and the represented stakeholder group.



The Advisory Board’s numerous advisory roles have increased, primarily as a result of additional

congressional legislation, but also to support requests by USDA on current and emerging issues of

national importance. The Board continues to accomplish its purpose by addressing numerous

requirements that were mandated by Congress in 1996, 1998, 2002, 2004, 2008, 2012, and 2014

legislation, in addition to USDA specific requests for advice.

The NAREEE Advisory Board Office at USDA ensures that the work of the Board is efficiently

coordinated and that there is clear communication among the Chair, Vice Chair, working group members,

and others involved.


Art. 9.2c




No. Category Most

relevant17

Also

relevant18






funds





13











variety selection



X







Objective(s)







words)



measure/practice?


Lessons learned






14



Further information


https://nareeeab.ree.usda.gov/

https://nareeeab.ree.usda.gov/

15

Federal Seed Act

Basic information

Title of measure/practice Federal Seed Act












o Start year

o Objective(s)


o Key outcomes


The Federal Seed Act (FSA) (7 U.S.C. 1551–1611) is a truth-in-labeling law that ensures the

accuracy of plant genetic resources used by farmers. Federal enforcement actions typically

involve the assessment of a monetary penalty against seed companies that ship mislabeled seed

in violation of the law. The FSA requires that seed shipped in interstate commerce be labeled

with information that allows seed buyers to make informed choices. Seed labeling information

and advertisements pertaining to the seed must be truthful. The FSA helps promote uniformity

among state laws and fair competition within the seed trade.


In the beginning of the 20th century, Congress became aware of several low quality or adulterated seed

kinds being imported into and circulated within the United States. In fact, USDA estimated that over 20

percent of the seed traded within the United States was misrepresented or adulterated. In 1939, Congress

with strong support from cooperating States, authorized the framework for the modern-day Federal Seed

Act (FSA) which established rules for testing, labelling, and advertising of agricultural and vegetable

seed. Today the FSA serves as the backbone for seed marketed in the United States by ensuring truthful

labelling and fair competition in the seed industry.


USDA Agricultural Marketing Service (AMS) maintains comprehensive market monitoring and

enforcement programs within the seed industry to ensure varietal labelling, noxious weed seed content,

and other quality determinations are truthfully represented on seed labels. Cooperative work agreements

between USDA and each of the 50 State departments of agriculture allow USDA AMS to train, authorize,


16

and direct the FSA related activities of more than 500 State seed inspectors nationwide at no cost. These

cooperative partnerships facilitate USDA AMS’s comprehensive monitoring of over 3000 locations in

even the most remote locations within the country. By cooperating with USDA AMS, States are able to

hold out-of-state companies accountable for the seed they sell to farmers and families within their

jurisdictions.



The Federal Seed Act (7 CFR Part 201) (1) prohibits interstate transportation of agricultural or vegetable

not bearing a label prescribed by the Act and regulations, (2) establishes that only properly certified seed

shall bear certified labels, (3) authorizes the Secretary of Agriculture to inspect records required to be

kept by seed companies concerning the quality and handling of seed, (4) prohibits false labelling and

advertising, (5) prohibits the shipment of seed into a state containing noxious weed seed prohibited from

sale in the State, and (6) prohibits the sale of non-certified seed of a variety for which a plant variety

protection certificate specifies sale only as certified.


Art. 9.2b




No. Category Most

relevant22

Also

relevant23






funds










17






variety selection






X




Objective(s)







words)



measure/practice?


Lessons learned






Further information




18

Germplasm Resources Information Network

Basic information

Title of measure/practice Germplasm Resources Information Network




number(s) and contact person) U.S. Department of Agriculture Agricultural Research Service








o Start year

o Objective(s)


o Key outcomes


The Germplasm Resources Information Network (GRIN)-Global system is a suite of software

programs for managing plant germplasm-associated information, facilitating plant genebank

workflows, and providing a public interface for users to access plant germplasm and information.

Users can search for accession information via its public website, fill a shopping cart with their

desired plant germplasm, and have it delivered freely and without restrictions for use in plant

production, research and breeding. In fact, in 2018 alone, USDA distributed over 280,000

samples to fill more than 700 individual orders.


The original GRIN information system first was developed in 1986 by USDA Agricultural Research

Service (ARS) for its US National Plant Germplasm System (NPGS). In 2011, ARS, the Global Crop

Diversity Trust, and Bioversity International released an updated and expanded version, named GRIN-

Global, to the international agricultural community. GRIN-Global can be implemented on individual

personal computers or extensive computer networks through numerous public domain, free-of-charge

software engines. Currently it has been implemented by the US NPGS and by nine national genebank

systems and international agricultural research centers.


GRIN-Global comprises: 1) a public website where researchers, breeders, and farmers can access

descriptive information for more than 596,000 NPGS accessions, and request those accessions for


19

research, breeding, educational, and production purposes; and 2) a powerful information management tool

for curators and genetic resource managers to manage massive inventories of seeds, orchard collections,

etc. and key quality control data, such as availability, # of seeds or plants, viability/germinability, etc.



A germplasm information management system is a key element for any genebank to adequately conserve

PGRFA and effectively provide it to users—researchers, breeders, educators, or farmers.


Art. 9.2a

Art. 9.2b




No. Category Most

relevant27

Also

relevant28






funds





X







X



variety selection




20



9 Training, capacity development and public awareness creation X






Objective(s)







words)



measure/practice?


Lessons learned



It is important to engage users of a plant genetic resource information management system in the design,

testing, and implementation of the system. Do not rely solely on software developers and engineers to

design the system, otherwise it will not adequately serve genebank personnel, researchers, breeders, and

farmers.


Initial estimates for the duration and cost of complicated software development projects likely

underestimate the time and expense required to complete the project.



A diverse team of software users (genebank personnel, researchers, breeders, farmers) and software

developers is vital for success. A vibrant advisory committee is important for effectively setting

priorities and providing project guidance.


21

Further information


www.ars-grin.gov

http://www.ars-grin.gov/

22

National Plant Germplasm System

Basic information

Title of measure/practice National Plant Germplasm System




number(s) and contact person) U.S. Department of Agriculture Agricultural Research Service








o Start year

o Objective(s)


o Key outcomes


The U.S. National Plant Germplasm System (NPGS) is collaborative effort to safeguard the genetic

diversity of agriculturally important plants, and make them available for research, breeding, education,

and production. The NPGS is managed by the Agricultural Research Service (ARS), the in-house research

agency of the United States Department of Agriculture (USDA). Many NPGS genebanks are located at

state land-grant university sites, which contribute lab, office, greenhouse and field space for operations, as

well as staff for technical and support services. The public and private sectors areareare major users of the

NPGS collections. The private sectoris the primary means by which new and improved plants are

commercialized. The mission of the NPGS is to support agricultural production by 1) acquiring crop

germplasm, 2) conserving germplasm, 3) evaluating and characterizing germplasm, 4) documenting

germplasm, and 5) distributing germplasm and associated information.


The earliest components of today’s NPGS date to 1898 and the USDA Plant Exploration Office and the

National Small Grain Collection, with major expansions in the late 1940s with the establishment of four

regional plant introduction stations and the interregional potato station, the National Seed Storage

Laboratory (now the National Laboratory for Genetic Resources Preservation) in 1958, the cotton and

soybean germplasm collection in the 1970s, and the mid-1980s with the addition of nine genebank sites

with primarily clonally-propagated crops. Currently the NPGS comprises 20 different genebank sites, the

GRIN-Global information management system, and 43 Crop Germplasm Committees.


Ex situ plant genetic resource management involves acquiring (exploration or exchange), maintaining (in

cold storage or plantings), propagating, distributing, characterizing (genotyping), evaluating


23

(phenotyping), and enhancing plant genetic resources. Information associated with plant genetic resources

is also obtained, maintained, and distributed. The NPGS conserves and makes available, free of charge

and restriction, 596,000 different germplasm accessions of more than 16,000 different species. The

NPGS annually distributes an average of ca. 250,000 accessions to researchers, breeders, educators, and

farmers. An average of about 2/3 of the distributions are to domestic recipients, and about 1/3 to

international recipients. More than a billion data points associated with those accessions are delivered to

users via the GRIN-Global information management system.



The USDA was founded in 1862 with legislation which stipulated that the new Department would

“procure, propagate, and distribute among the people new and valuable seeds and plants.” Before a US seed industry emerged in the early 20th Century, USDA provided millions of seeds directly to farmers/producers. The 1946 Research and Marketing Act enabled USDA to partner with US agricultural universities and State Agricultural Experiment Stations to establish Plant Introduction Stations. Budgetary increases in the 1980s enabled the establishment of clonal genebank sites. The NPGS emerged as a nationally-coordinated system in the 1980s. The overall legal framework for the

NPGS was established as part of the US National Genetic Resources Program, authorized by the US

Congress through the 1990 Farm Bill.


Art. 9.2b




No. Category Most

relevant32

Also

relevant33






funds





X



24




X




X



variety selection

X



X







Objective(s)







words)



measure/practice?


Lessons learned



A national genetic resource system such as the NPGS can function effectively only through a strong

partnership among multiple institutions and sectors. In the case of the NPGS, the Federal government,

through the USDA, State Agriculture Experiment Stations/Land Grant Universities, and the private-sector

(commodity organizations, farmers, agricultural technology and seed providers) compose that partnership.



25

Advisory and technical groups such as the National Genetic Resources Advisory Council, the National

Plant Germplasm Coordinating Committee, and the 43 Crop Germplasm Committees have provided key

guidance for the NPGS throughout its history.


Coordinating a geographically-diffuse and highly diverse group of genebanks requires meeting the

challenge of enabling local autonomy but also a core of uniform national procedures and practices.

Maintaining financial support for the NPGS over decades requires continual effort.



Persistent and continual funding is critical for any national genetic resources system. Genebanks

cannot be funded solely by grants that provide short-term support.

Further information


www.ars-grin.gov

http://www.ars-grin.gov/

26

Office of Technology Transfer

Basic information

Title of measure/practice Office of Technology Transfer












o Start year

o Objective(s)


o Key outcomes


The USDA Office of Technology Transfer (OTT) is responsible for facilitating the adoption of USDA

research discoveries, which ultimately benefit farmers with new varieties that are disease, pest, and stress

tolerant and produce higher yields. This provides broad public benefits,, including public release of

information, tools, and solutions (e.g., germplasm, plants and other materials), adoption and enhancement

of research outcomes by partners through collaborative research, formal cooperative research and

development agreements, direct Federal, state, or local technical assistance, or through licensing of

biological materials or protected intellectual property directly to not-for-profit entities and for-profit

private sector firms.


See description of context/history below.


To facilitate technology transfer, OTT is organized into three sections. The Partnership and

Administration Section conducts day-to-day operations, coordinates technology transfer policy

development, interacts with Office of National Programs on agreement policy and review. This section is

also responsible for coordinating, managing, and reviewing agreements, and marketing of ARS patented

inventions. The Patent Section of OTT provides strategic guidance to scientists regarding patent

protection for their research results. The section is also responsible for receiving invention reports;

convening three national patent committees (Mechanical and Measurement, Life Sciences, and

Chemistry), and a Plant Protection Committee; preparing and prosecuting patent applications; and

reviewing patent legal work performed by a cooperator and an ARS contract law firm. The Licensing

Section of OTT manages invention licensing from all the intramural scientists in every USDA agency,


27

including the review of license applications, negotiation of licenses, and monitoring of license agreements

to assure compliance. This section also collects and disburses license revenues, manages international

patent filings, and provides expert advice on all matters related to USDA invention licensing.



The 1980 Steven-Wydler Act established an Office of Research and Technology Applications (ORTA) in

each Federal laboratory to coordinate and promote technology transfer. The USDA has one ORTA (the

Office of Technology Transfer, OTT) for the entire Department that has the delegated authority to

administer the invention licensing program for all intramural research.

Because the USDA Agricultural Research Service (ARS) mission is to transfer technologies for broad

public use by the most effective mechanism, ARS pursues patents and licensing principally only when

there is a need to incentivize commercialization and to facilitate technology transfer.


Art. 9.2b




No. Category Most

relevant37

Also

relevant38






funds










28




X



variety selection









Objective(s)







words)



measure/practice?


Lessons learned






Further information




29

https://www.ars.usda.gov/office-of-technology-transfer/

https://www.ars.usda.gov/office-of-technology-transfer/

30

Public Access to Expired PVP Seeds

Basic information

Title of measure/practice Public Access to Expired PVP Seeds












o Start year

o Objective(s)


o Key outcomes


In the U.S., seed samples of protected varieties are available to the public through the US National Plant

Germplasm System (NPGS) when the plant variety protection on the variety expires for any reason. At

that point, seed samples are transferred to the NPGS genebanks and can be requested by farmers,

breeders, and the public without restrictions for use in research, plant breeding, and education.


This arrangement has been in place since the mid 1970’s.


Under an agreement between the US Plant Variety Protection Office and the NPGS, seeds of expired PVP

varieties are transferred from the private to the public area of the NPGS repository so that germplasm can

be freely distribute to qualified variety developers, which will ultimately benefit farmers.



See core components.


Art. 9.2b

Art. 9.2c



31



No. Category Most

relevant42

Also

relevant43






funds





X







X



variety selection



X







Objective(s)






32






words)



measure/practice?


Lessons learned






Further information


33

Right to Save Seed under PVPA

Basic information

Title of measure/practice Right to Save Seed under PVPA












o Start year

o Objective(s)


o Key outcomes


The U.S. Plant Variety Protection (PVP) law encourages the development of novel varieties of sexually

and certain asexually reproduced plants and makes them available to the public, providing protection

available to those who breed, develop, or discover them, and thereby promotes progress in agriculture in

the public interest. Under this law, farmers have the right to save seed of a protected variety for use on

their own land as long as no other agreements have been established between the breeder and farmer,

which may restrict this.


First enacted in 1970, the right to save seed/crop exemption is found at 7 U.S.C. § 2543. It was enacted

alongside the creation of a breeders’ rights certificate legal framework.


The legislation provides that a person will not infringe breeders’ rights if that person saves seed produced

by themselves from seed obtained, or descended from seed obtained, by authority of the owner of the

variety for seeding purposes, and uses such saved seed in production of a crop for use on the farm of the

person.



As described above, this provision was enacted alongside a statutory framework to encourage the

development of novel varieties of, at the time, sexually reproduced plants and to make them available to


34

the public, providing protection available to those who breed, develop, or discover them, and thereby

promoting progress in agriculture in the public interest—including farmers.


Art. 9.3




No. Category Most

relevant47

Also

relevant48






funds













variety selection






X




35




Objective(s)







words)



measure/practice?


Lessons learned






Further information



36

USDA Crop Germplasm Committees

Basic information

Title of measure/practice USDA Crop Germplasm Committees












o Start year

o Objective(s)


o Key outcomes


The Crop Germplasm Committees (CGC) comprise a cross section of National Plant

Germplasm System (NPGS) users, including farmers, who provide technical support to NPGS

genebanks and collections They serve as subject matter experts to guide curatorial staff on best

practices, including the priorities and techniques for characterizing the collections. They also

help review proposals that fund plant explorations and evaluate grants for scientific rigor.

There are currently 43 CGCs representing almost all major and minor crops of economic

importance in the United States. Each committee includes a chair and members from government

agencies, universities, and commercial interest groups, such as commodity groups and

farmer/producers, who volunteer their time and expertise to support the NPGS.

Brief history (including starting year), as appropriate .

The first CGCs were established in the mid-1980s as outgrowths of commodity-specific crop

improvement/breeding conferences. The initial CGCs covered primarily the major agricultural

commodities (grains, pulses, oilseeds); CGCs for horticultural and specialty crops were initially

established in the late-1980s.


CGCs are needed to provide sound information and authoritative technical input regarding the

conservation and use of germplasm of specific crops. Selection for membership on a CGC carries with it

both national and professional prestige as recognized by the competence required, importance of issues


37

considered, influence on research, and support of genetic resource management activities. The CGCs

serve their crop commodity groups and provide expert input to individuals or organizations such as the

USDA/Agricultural Research Service (ARS), State Agricultural Experiment Stations (SAES), and others

on technical matters relating to crop germplasm, its collection, preservation, characterization, evaluation,

enhancement, and effective utilization. The CGCs develop comprehensive Crop Vulnerability Statements

and concise Crop Vulnerability Updates which assess a crop’s or group of crop’s vulnerabilities to

specific threats, and the adequacy of the germplasm base for a crop or group of crops. These reports

inform appropriate governmental and private agencies of the needs for broadening and strengthening each

base via additional exploration, collection, acquisition of private collections, and evaluation. They also

develop and provide a strategic overview of the total national scientific effort devoted to the study and

utilization of germplasm of specific crops or group of crops and identify priorities and cooperative

approaches for improvements in the germplasm management system where needs are apparent.



The CGCs are informal groups, initially organized by NPGS personnel who recognized the need for

regular, broad-based germplasm user input. External input from knowledgeable germplasm users—

researchers, breeders, educators, producers/farmers-- is critical for guiding the operations of the US

NPGS so that it can optimally conserve a broad spectrum of genetic diversity and make that diversity as

widely accessible as possible. In agriculture, production of most key food, feed, fuel, fiber, and

ornamental crops, and associated research is generally crop-commodity oriented. Therefore, plant genetic

resources (“crop germplasm”) and their conservation and use are also most effectively considered on a

crop-by-crop basis.

Research and development efforts on crop germplasm involve collective support from U. S. Federal and

State agencies and private industry. The boundaries for each sector’s responsibilities and efforts are

difficult to delimit. There is a continuum from the utilization of germplasm in agricultural production

back through seed/propagative material production, breeding, enhancement, evaluation, characterization,

preservation, and the acquisition of plant genetic resources and associated information. The acquisition,

preservation, characterization, and distribution of basic germplasm stocks and associated information are

mainly supported by Federal and State funds whereas the production and delivery of commercial

seeds/propagative material to the grower is largely in the hands of private industry.


Art. 9.2b

Art. 9.2c




38

No. Category Most

relevant52

Also

relevant53






funds













variety selection

X



X







Objective(s)








39




words)



measure/practice?


Lessons learned



The most effective CGCs are led by an engaged and committed Chair, and incorporate a broad diversity

(scientific discipline, public and private-sector, farmers and scientists, different US geographical regions)

of perspectives and experiences.


CGCs are voluntary. Because their members are experts, their time is precious, so arranging regular

meetings and conferences can be problematic.



An engaged and committed committee Chair is crucial for success.

Further information


https://www.ars-grin.gov/npgs/cgcweb.html

https://www.ars-grin.gov/npgs/cgcweb.html

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