Seed E-News

July 30 , 2010

Welcome to the electronic newsletter of the American Seed Trade Association(ASTA) for members, allies and stakeholders. Please feel free to forward the Seed E-News to others you believe might wish to receive news about the seed industry. Questions, comments and your industry news are welcome — contact Julie Douglas at ASTA. Past issues can be viewed here .

In This Issue • ASTA News • New ASTA member

ASTA News

Kenya still welcomes seed for edible bean production thanks to ASTA and APHIS

Kenya, a sizeable seed market for edible beans, began holding shipments at the port of entry last fall and threatened to increase entry requirements, but thanks to the efforts of the American Seed Trade Association and the U.S. Department of Agriculture's Animal and Plant Health Inspection Service Kenya remains a strong market for edible bean seeds.

The bacterial pathogen Curtobacterium flaccumfaciens pv. flaccumfaciens, rarely occurs in the United States; however pockets exist in western Nebraska and sometimes in California, explained Ric Dunkle, ASTA senior director of seed health and trade. The pathogen is considered a quarantine pest in most countries.

"Most countries accept phytosanitary field inspections of the parent plants, which are conducted during the growing season and it's reported as an added declaration on the phytosanitary certificate," said Dunkle who has been ASTA's point person working on this issue with APHIS. "Kenya considers it to be a quarantine pest and is trying to keep it out of their country.

"Last fall, several shipments at Kenya's port of entry tested positive for the bacterial pathogen. These shipments were rejected and APHIS received a letter from Kenya stating that too many positives had been found and they were going to ramp up entry requirements."

APHIS contacted Dunkle and together they evaluated Kenya's requirements and sent their recommendations to Kenyan officials.

They were concerned because the phytosanitary certificates issued by U.S. authorities stated that shipments were free of this particular pathogen, but not according to their tests. Kenyan officials initially considered changing their import requirements to include a clause stating that the seed was grown in a recognized pest free area, plus that a phytosanitary field inspection be performed and found free of the pathogen, in addition to requiring that the seed be tested prior to shipment.

"This meant that all companies producing beans in the United States would no longer be able to meet Kenya's import requirements, because certified pest free areas don't exist and it would take several years to establish," Dunkle said. "APHIS, on our behalf, began negotiating with Kenya requesting they reconsider the new import requirements because they didn't appear to be science based and would be impossible for our companies to meet. These excessive requirements would have closed the Kenyan market to our bean seed producers."

APHIS made all attempts to convince Kenya to accept the phytosanitary field inspection as the primary phytosanitary protection measure. Kenya was not convinced and made a counterproposal requiring that parent plants as well as the actual seeds be tested in addition to the field inspection.

After consulting Dr. Robert Harveson, a University of Nebraska plant pathologist and expert on this particular pathogen, to help ease concerns, Kenyan officials and APHIS came to an agreement.

Thanks to the efforts of APHIS and ASTA, Kenya agreed to modify their requirements. Kenya's new import requirements are posted in the USDA APHIS EXCERPT database.

"Now phytosanitary certificates for shipments must have an additional declaration that a field inspection of the parent plants was conducted, plus the seed was tested and found to be free of the bacterial pathogen," Dunkle said. "However, there is one caveat. The seed testing method used in Kenya is different from the U.S. method and their results may show positives when ours don't."

Dunkle explained that the next step is to work with Kenyan officials to evaluate their testing method to ensure that it produces results consistent with the method being used in the United States.

"We will continue to work with APHIS to make sure edible bean seed shipments are free of the bacterial pathogen and are accepted at Kenya's port of entry," Dunkle said.

New tool to help companies better develop and fine tune seed contracts

"Basic Terms, Conditions and Standards for Seed Sales Contracts," a white paper and PowerPoint® presentation developed by the American Seed Trade Association's Brokers and Agents Division, is available to help seed companies write more comprehensive contracts and better protect themselves. "At times, ASTA is asked to help arbitrate seed trade disputes," said Ann Jorss, ASTA vice president of administration and division staff liaison. "Occasionally we are not able to help a party with their request because there is either no formal agreement or the existing agreement does not contain the essential elements needed in order for a seed trade agreement to go to arbitration." Arbitration requests fit well within the scope and goals of ASTA. Requests are facilitated by the American Arbitration Association or the ASTA International Arbitration Chamber using International Seed Federation rules.

The white paper and PowerPoint® presentation, available at http://www.amseed.com/news_SeedSalesContracts.asp, are designed to help alleviate this situation and outline items that should be included in a seed trade agreement.

"We hope this information will help prevent seed companies from getting into legal disputes and at the same time put them in a legally sound place if problems do occur," Jorss said.

A few of the many topics touched upon in the document include:

• Reference to governing rules
• Quantity
• Species and variety of seeds
• Description of seed quality
• Shipping timelines and terms
• Payment conditions

The materials are not meant to serve as legal advice and do not replace the need for competent legal council when agreements are being formalized between parties and should only be considered for advisory purposes.

For questions and additional information, contact Jorss at 703-837-8140 or ajorss@amseed.org.

Northern Seed Association celebrates 60 years

Leslie Cahill, American Seed Trade Association vice president for government affairs, joined nearly 50 seedsmen in St. Paul, Minn., to acknowledge the Northern Seed Association's 60th anniversary. The group met July 21-23 to discuss issues ranging from the new farm bill, to the sign-up of the Conservation Reserve Program and activities of the National Plant Materials Centers. ASTA provided an update on behalf of the Association's newly elected officers. Cahill briefed attendees about the ongoing competition workshops being conducted by the U.S. Department of Agriculture and Department of Justice and provided an update on the pending mid-term elections and their importance to agriculture in general and in particular, to the seed industry. Also meeting with the group was the Field Seed Institute.

China officials open to learning more about U.S. seed industry

The American Seed Trade Association's Bernice Slutsky, vice president of science and international affairs, traveled to Beijing, China July 19-21 to meet with individuals and agencies involved in the seed industry. "Our goal is to be an advocate for policies that will enable our members to successfully conduct business in major markets, including China," Slutsky said. "Policies surrounding intellectual property rights, variety registration and technology transfer are of utmost importance.

"This trip focused on the issues of plant variety protection and intellectual property rights and how we can better coordinate our time and efforts. I am pleased with the way the meetings went and we are already in the works of planning a follow up meeting."

Slutsky said one important follow up activity would be to organize a visit of examiners from China's Plant Variety Protection (PVP) Office to the United States so they can meet with U.S. PVP representatives and industry plant breeders. "It's exciting to see them express an interest in understanding how the U.S. system works," she said. "We've worked to develop a good relationship with China's PVP Office and other parts of the Ministry of Agriculture to increase U.S. seed companies' ability to do business in China and to bring improved varieties to China's farmers. Both the United States and China test varieties for distinctness, uniformity and stability (DUS) before a PVP certificate is authorized. However, testing in the United States is done by the PVP applicant and in China it's done by the government. "We hope that during their visit to the United States and by meeting with plant breeders and examiners from our PVP Office, the Chinese examiners will learn about the benefits and see the efficiencies in moving towards an approach similar to the one in the United States," Slutsky explained.

In the longer term, we would like to see China update their system from the 1978 International Union for the Protection of New Varieties of Plants (UPOV) standards to be compliant with the UPOV revisions of 1991, which is a more robust system.

In addition to bringing China officials to the United States, ASTA will participate in a Seed Expo this Fall, to be held in Shenyang, located in China's Liaoning Province.
During the Seed Expo, ASTA will distribute educational materials that highlight the importance of innovation, investment, quality seed and performance. "Farmers need to know that they are getting the best product available," Slutsky said. "We also have information about the Seed Quality Management Guide and a question and answer sheet regarding intellectual property rights that attendees can take with them."

Working together and forming agreements is about making sure companies are protected and about facilitating the movement of seed on a global level, Slutsky noted.

Hotel block for ASTA's two California-based conferences open for reservations

Individuals planning to attend the American Seed Trade Association's 50th Vegetable and Flower Seed Conference, held jointly with the California Seed Association's Annual Meeting, and ASTA's 128th Annual Convention can now book their hotel rooms with the Hyatt Regency Huntington Beach in southern California.

Reservations for the vegetable and flower seed conference, to be held Jan. 22-25, can be made online at http://www.amseed.org/mtg_vegflo11_hotel.asp.

Reservations for the annual convention, to be held June 18-22, also can be made online at http://www.amseed.org/mtg_2011ac_hotel.asp. Reservations must be made by Jan. 4 and May 20, respectively.

An early-bird package with a variety of benefits is available for ASTA's 128th Annual Convention. Details are available at http://www.amseed.org/mtg_2011ac_index.asp.

Interested individuals can take a virtual tour of the hotel property and find more information by clicking on the links above.

The ASTA staff is making preparations and hopes to see you in sunny California. For details and more information, contact Jennifer Crouse at 703-837-8140 or jlordcrouse@amseed.org.

Tour Nunhems USA at Aug. 12 FuSE educational unit

The American Seed Trade Association's Future Seed Executives (FuSE) will have the opportunity to learn about Nunhems USA and tour its facility Aug. 11-12 in Parma, Idaho. The educational unit, focusing on the vegetable seed industry, will kick-off with a dinner Aug. 11, hosted by Ron Amarel, Nunhems managing director of operations. Participants will reconvene at 8:30 a.m., Aug. 12 at Nunhems.

Both ASTA members and non-members are welcome. Registration for ASTA members is $100 and $150 for non-members. Registration and payment will be accepted at the door, but for planning purposes is requested by Aug. 9. Lunch and refreshments will be provided.

"This is a unique experience for young professionals to get an inside look at a growing company devoted to their employees and future seed industry leaders," said Anna Burks, FuSE committee liaison.

Once registered, participants will receive more details. A complete agenda and registration form are available at http://www.amseed.org/mtg_fuse_events.asp. For questions and additional information, contact Burks at 703-837-8140.

The JW Marriott San Antonio Hill Country Resort & Spa seeks bluebonnet seeds

Members of the American Seed Trade Association that sell packets of bluebonnet seeds may have an opportunity to be the official supplier of JW Marriott San Antonio Hill Country Resort & Spa.

The resort would like to leave guests with a token (bluebonnet seeds) to remember their stay. Interested companies should contact Perri Neirman, JW Marriott San Antonio Hill Country Kids Club supervisor, at 210-276-2500, ext. 4346 or perri.neirman@marriott.com by Sept. 1.

ASTA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact ASTA at (703) 837-8140.