Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2004
AMENDMENT NO. 2120
Mr. COCHRAN. Madam President, I send an amendment to the desk under the unanimous consent request and ask it be stated.
The PRESIDING OFFICER. Without objection, the pending amendments will be laid aside and the clerk will report the amendment.
The legislative clerk read as follows:
The Senator from Mississippi [Mr. COCHRAN] proposes an amendment numbered 2120.
Mr. COCHRAN. I ask unanimous consent the reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide plant variety protection)
On page 19, line 26, before the period, insert the following: ": Provided further, That, in the case of the term of protection for the variety for which certificate number 8200179 was issued, on the date of enactment of this Act, the Secretary of Agriculture shall issue a new certificate for a term of protection of 10 years for the variety, except that the Secretary may terminate the certificate (at the end of any calendar year that is more than 5 years after the date of issuance of the certificate) if the Secretary determines that a new variety of seed (that is substantially based on the genetics of the variety for which the certificate was issued) is commercially viable and available in sufficient quantities to meet market demands".
Mr. COCHRAN. Madam President, the Plant Variety Protection Act codifies our international commitments under treaties for protection of plant varieties. The law gives plant varieties 20 years of protection, similar to a patent, in order to preserve the quality of the variety. The law currently does not provide any mechanism to provide for periods of additional protection for varieties that are still commercially valuable.
The original PVPA certificate for Marshall ryegrass was issued prior to the adoption of the latest changes pursuant to international negotiations and, as a result, were protected for less than the current 20-year period. My amendment would provide an additional period of PVPA protection of up to 10 years for one of the most if not the most heavily used varieties of ryegrass used by livestock producers around the country.
The Secretary would be authorized to cancel this protection as soon as a new variety of this valuable feed grass is developed.
There are letters which I will send to the desk for inclusion in the RECORD in support of this amendment. One is from OreGro Seeds Incorporated in Oregon; another is from a second company, Smith Seed Services in Oregon; another from Plantbreeding Seed Production, Seed Trade, member of an organization called the Barenbrug Group.
I ask unanimous consent all of these letters be printed in the RECORD.
There being no objection, the material was ordered to be printed in the RECORD, as follows:
OREGRO SEED, INC.,
Shedd, OR, July 11, 2003.
Re plant variety protection for Marshall Ryegrass.
Hon. GORDON SMITH,
U.S. Senate, Russell Senate Office Building,
Washington, DC.
DEAR SENATOR SMITH, We understand that Senator Cochran is introducing legislation that will extend the PVP for Marshall Ryegrass. This legislation is of critical importance to the Oregon grass seed industry, and we urge you to give this measure your strongest support.
Your strong support for the Oregon seed industry is greatly appreciated, and we also urge you to contact Senator Cochran's office to express your support for this important issue.
Sincerely,
DON HERB.
SMITH SEED SERVICES,
Halsay, OR, July 11, 2003.
Re legislation from Senator Cochran.
Hon. GORDON SMITH,
U.S. Senate, Russell Senate Office Building,
Washington, DC.
DEAR SENATOR SMITH, Senator Cochran is introducing legislation to extend the PVP production for Marshall annual ryegrass. This legislation is critically important to the Oregon grass seed industry. I strongly urge your support for this legislation.
Smith Seed is one of the largest producer and shipper of forage and turf grass seed in Oregon. We have about 100 to 120 employees and represent a grower base of over 300 independent grass seed farmer producers. We ship in excess of 160 million pounds of seed annually to domestic and international accounts.
Your strong support for this important legislation for the Oregon seed industry is greatly appreciated, and I also ask that you contact Senator Cochran's office to express your support.
Thank you for your service and support of the Oregon seed industry.
Sincerely,
PAUL ZEHR.
BARENBRUG USA,
Tangent, OR, July 11, 2003.
Re legislation from Senator Cochran.
Hon. Gordon Smith,
U.S. Senate, Russell Senate Office Building,
Washington, DC.
DEAR SENATOR SMITH: We are aware that Senator Cochran, (Miss R) is introducing legislation in the upcoming Senate Agricultural Committee in DC next week, to extend the Plant Variety Protection (PVP) for Marshall annual ryegrass. This legislation is of vital importance to the long term viability of the US and Oregon grass seed industry, and in the strongest possible way, we ask for your support of this important measure.
Barenbrug USA is an Oregon based grass seed breeding, production and wholesale marketing company. We employ more than 150 workers, and buy seed from family farmers on over 40,000 acres in Oregon and the Northwest. We consider ourselves to be one of the leaders in this industry, and one of the largest grass seed companies in the world.
By extending the PVP on this variety, the value level of grass seed sales in the US South and South East will be maintained. By not extending the PVP, there is a significant chance that named ryegrass varieties will again be seen as commodities and no longer be sold at price levels which assure returns for the entire seed value chain, including the seed growers. All seed of ryegrass varieties is produced in Oregon, hence our interest in this discussion and our request to you.
We sincerely appreciate your support during session for this legislation that is critical to the US and Oregon grass seed industry, and also ask that you contact Senator Cochran's office to voice your strong support.
Thank you for your record of dedicated service and support of our industry. Please advise if you have any questions or comments.
Sincerely,
MARC W. COOL, M.SC.
Vice President/COO.
Mr. COCHRAN. Madam President, I also have a letter from the Livestock Producers Association and a letter from the State of Mississippi's Department of Agriculture and Commerce.
I ask unanimous consent that the letters be printed in the RECORD.
There being no objection, the material was ordered to be printed in the RECORD, as follows:
LIVESTOCK PRODUCERS ASSOCIATION,
Tylertown, MS, April 4, 2003.
Hon. THAD COCHRAN,
U.S. Senate,
Washington, DC.
DEAR SIR: I am writing to ask for your help in getting the Plant Variety Protection (PVP) certification extended for Marshall Ryegrass.
Marshall Ryegrass has been an integral part of many Mississippi cattle operations for many years and without the assurance of PVP, there is great concern that the integrity of the variety would be compromised.
Grass varieties often lose their identity quickly after PVP expires and in light of the fact that there is not a clearly superior product for winter forage production, I feel that maintaining the genuine Marshall strain is very important to the cattle producers of our state.
We need Marshall, not an inferior substitute.
Sincerely,
MIKE PIGOTT,
Manager.
STATE OF MISSISSIPPI, DEPARTMENT OF AGRICULTURE AND COMMERCE,
Jackson, MS, February 11, 2003.
Hon. THAD COCHRAN,
U.S. Senator, Mississippi,
Washington, DC.
DEAR SENATOR COCHRAN: This letter is written in concern for the protection of Marshall Ryegrass under the Plant Variety Protection Act (PVPA). The patent on this grass has expired, and I-as well as others-would like to have the patent extended on this variety of grass.
Marshall Ryegrass is extremely popular among Mississippi farmers who plant winter grazing crops. The loss of the patent protection can and will lead to widespread deception and mislabeling of poor quality grazing grasses. Due to this concern, it is my request that Congress enact legislation that will restore the PVPA protection for the Marshall Ryegrass variety.
Any assistance you can provide will be appreciated.
Sincerely,
LESTER SPELL, JR.,
Commissioner.
The PRESIDING OFFICER. Who yields time?
Mr. COCHRAN. Madam President, I am prepared to yield back the time on the amendment. I yield the time on the amendment.