Saving, Selling Protected Seed Can Land Producers in Hot Water

Originally published in the Feb. 5, 2014, issue

 

By Dallas Duncan

 

Blue Suede blueberries are growing in popularity, but producers who save and sell the plants can face criminal charges.

That’s because Blue Suede is one of many cultivars protected by either patents or the Plant Variety Protection Act of 1970, deeming them intellectual property of their developers. In the case of Blue Suede, that would be the University of Georgia.

The PVPA was written to increase crop varieties and allow for researchers to recoup development costs, said Terry Hollifield, executive director of the Georgia Crop Improvement Association. Under a PVP, which covers most seed-propagated cultivars, farmers can save enough seed to plant back their acreage, but cannot sell seed. Patented plants’ seed or cuttings, such as turfgrasses, cannot be saved or sold.

“Like blueberry farmers, they can’t go out — unless they have a license — and take cuttings off their blueberry plants and plant 40 acres,” said Brent Marable, plant licensing manager for the UGA Research Foundation.

The idea of protecting plants was to get income streaming back into breeding programs, said James Sutton, assistant commissioner for the Department.

“It costs so much to come up with a new variety and it’s so short-lived. A variety may only last three or four years,” he said. “So all that money going to make this new variety, you don’t reap the benefits, especially if you’re just giving away the seed.”

Producers pay royalties when purchasing protected seed. For instance, if UGA developed the fictitious Soybean U34 and licensed it out to be sold, farmers who purchased U34 seed would pay an extra five cents per pound. The five cents goes back to UGA breeding programs, Sutton said.

Producers sign contracts as well, allowing developers to audit their fields and financials to make sure they’re following the law. However, farmers tend to police themselves, Sutton said.

Universities and companies have legal recourse against those who propagate and sell seed illegally and are caught doing so, though most settle out of court, Hollifield said.

He said the analysis tag on seed bags will note whether a variety is protected or not.

There are limitations on how long patents and PVPA protections last, however, usually between 15 and 18 years.

“If I come up with a Georgia green, great peanut variety … it had a PVP, it had a run of about 15 years. If it had a patent, nobody’s growing it after the patent runs out,” Sutton said. “You have a great new variety and it runs for about four or five years, then something takes its place.”

In essence, it’s like smart phones.

“By the time this one is about to go out,they come out with the iPhone 5,” he said. “It’s the same with seed. By the time the patent’s ready to run out, they’ve come out with a new and improved [cultivar].”

And if a variety remains popular after its patent is up, there’s a chance it will still evolve over years of use. Take Silver Queen Corn, for example.

“Silver Queen isn’t like it used to be,” said Alan Lowman, program director for the Department’s Agricultural Inputs Section. “It’s not because nobody has a vested interest in it — nobody is keeping it true to type. Part of the PVP and patent stuff is that you get what you pay for, that varieties stay true.”

It also helps ensure plants are developed to thrive in the Southeast, since royalties from one plant are being used to spur research on others — like Blue Suede blueberries

“Ten years ago, we’re taking peanut money down to Griffin to help blueberries get going. And blueberries have overtaken peaches," Sutton said. “If [the royalties] hadn’t happened, you wouldn’t have the blueberry market like you have now."

ARTY'S GARDEN: Fall is for Planting

Originally published in the Oct. 16, 2013,issue

 

Fall is the ideal time to plant most trees, shrubs and perennials in Georgia. This comes as a surprise to many people, especially those who have moved from up north and think only of fall as the time to clean away debris from the summer garden and prepare for winter’s cold.

 

Trycirtis hirta, or hairy toad lily, produces
exotic-looking flowers in the fall. Autumn is the
ideal time to plant it and other perennials, trees
and shrubs.

Here in Georgia, root growth on hardy plants continues in the fall and into early winter. With the soil still warm enough to allow root growth and the cool air temperatures discouraging top growth, a fall-planted tree, shrub or perennial can put its energies into laying down a foundation of roots that will supply water and nutrients during the rapid period of spring top growth and during hot, dry summer weather. It will be better prepared to deal with these challenges than its spring-planted counterparts which will be putting out leaves and growing on top while they are also trying to establish roots. This is why spring-planted specimens always require more watering their first spring and summer than those planted in the fall.   

 

Although trees, shrubs and perennials can be planted any time the ground is not frozen, do yourself and your plants a favor by planting in the fall. With reduced water usage, you may even save some money by having a lower water bill.

 

Another advantage of fall planting is that it frees more time in the spring to do other things such as fighting the season’s onslaught of weeds or planting and sowing summer-flowering annuals and the spring vegetable garden.

 

Visiting Georgia nurseries in the fall also gives you the opportunity to see some plants you may have missed in the spring. Late-bloomers such as trycirtis and native asters that didn’t look like much in April are now in full glory. Seeing them may convince you to aim for having a garden that is as filled with flowers in autumn as it is in spring and summer.

 

With benefits for the plants as well as for you and your pocketbook, follow the advice of horticulturists throughout the Peach State: fall is for planting!

 

Other chores gardeners should attend to in the fall are:

• Keep birdbaths filled. Species migrating back to the tropics especially need a source of fresh water. 
• Set out pansies and violas for continuous blooms all winter. 
• Bring in houseplants. Don’t wait until frost is predicted. Begin bringing them in when night temperatures are consistently in the 50s.
• Begin dormancy treatment for amaryllises.
• Mulch around shrubs and other plants with fallen leaves. 
• Plant spring-blooming bulbs such as daffodils, tulips and hyacinths. Don’t be afraid to try something you’ve never tried before.

Arty Schronce is the Department’s resident gardening expert. He’s a lifelong gardener and a horticulture graduate of North Carolina State University who encourages everyone to discover the pleasures of plants and gardening.

Consumer Q&A: How Does the Garden Grow?

Q: I planted a seedling loquat several years ago. It has not produced fruit yet. Does it need another loquat to pollinate it in order to set fruit?

A: Seedling loquats may take eight to 10 years to bear fruit. Yours may simply not be old enough. Most loquats are supposed to be self-fruitful -- they don’t require a different variety or another non-identical loquat to pollenize or “pollinate” each other. However, research shows that even though considered self-pollenizing, most loquats have increased fruit set with a different loquat nearby. Some named varieties definitely need another variety nearby to act as a pollen source. However, named varieties are hard to find except from specialty nurseries. Two seedlings would suffice to pollenize each other since they are not genetically identical. Also, remember that since the tree blooms in the fall, a cold winter could also destroy developing fruit. 

Q: My peanut plants are beautiful. How long will the pegs get? My plants are knee high, and I have pegs all the way to the top. Do I force the plants closer to the ground or will the pegs get long enough to produce?

A: It is best if you can get the pegs as close to the ground as possible. Gently bend the plants down if necessary. If yours are just starting to produce pegs in the early fall, the plants won't have time to produce a crop.

Q: Should the rows in my vegetable garden run east-west or north-south to maximize sun exposure?

A: There is not universal agreement on this, but most people hold that north-south is better for a little more sun exposure. However, if your garden is on a slope, make your rows across the slope rather than up and down it in order to reduce soil erosion. That will be more important than orienting the rows to the sun. Also, do not plant tall vegetables such as sweet corn, okra and tomatoes where they will block the sunlight from shorter vegetables.

Getting maximum sunlight is just as important, or more important, for a fall vegetable garden as it is for one in the summer. However, many gardeners grow some of their fall vegetables such as leaf lettuce, radishes, turnips and various greens in patches rather than rows, and there are not many tall vegetables to worry about – the tallest being collards. 

Q: What kind of soil is best for a night-blooming cereus cactus? When is the best time to transplant one?

A: This gangly cactus from the tropics likes a potting soil that drains well and is high in organic matter. A regular potting mix should do just fine, but if you like, you can add about 10 percent sand to the mix. 

Spring and summer are the best times to transplant cactuses. You should go ahead and transplant now if your night-blooming cereus is in a container or in a soil mix that is detrimental to its health.

Make sure there is at least one drainage hole at the bottom of the pot so water does not accumulate and rot the roots. When you water the plant, do so thoroughly. Allow the top third of the soil mix to dry before watering again. The plant requires much less water in winter than in summer. It doesn’t like much fertilizer, but during summer it appreciates a monthly feeding of liquid fertilizer at half the recommended rate. Do not fertilize in winter.

Q: Is it safe to set out snapdragons in the fall? I see them for sale at nurseries. I thought they were planted in the spring.

A: You can plant snapdragons in the fall as well as in the spring. Snapdragons are quite cold hardy. If you plant in the fall you are likely to get blooms in fall and sometimes even in the warm parts of the winter, and your fall-planted snaps will have a jump on the ones you plant in the spring. For colorful beds or containers in fall, winter and spring, combine snapdragons with pansies, violas, ornamental kale and cabbage, dusty miller, dianthus and curly parsley.  

Q: What are some tips for succeeding with pansies?

A: Prepare the bed beforehand by adding compost, especially if you have heavy clay or sandy soil. If planting in containers use high-quality potting soil and the largest containers possible. Make sure the containers have a drainage hole at the bottom. Plant the pansies where they will receive at least four hours of unfiltered sunlight each day. Provide morning sun if possible. To fertilize, use a balanced fertilizer such as 10-10-10 and follow directions on the label. It is always better to under-fertilize than to use too much. Water your plants, especially those in containers, before a hard freeze. Keep the old flowers pinched off so they don’t produce seeds. This is called deadheading and encourages the production of more blooms. 

Q: What are some vegetables I can grow in pots on my deck?

A: Almost any vegetable can be grown in a container if you keep it watered. Due to the limited root space, the plants are going to dry out more quickly than those planted in the ground. They will probably also need more fertilizer. The best options for growing in containers are vegetables with smaller fruits or those that have a smaller stature and don’t spread out much. Some good possibilities include leaf lettuce, radish, eggplant, garlic, carrot (round or short-root varieties), tomato (determinate varieties will stay shorter), hot and sweet peppers and bush varieties of summer squash and cucumber. Use the largest containers possible as they will provide more root-room and make the plants less vulnerable to drying out or getting blown over.

Q: I want to grow sprouts for salads. Can you offer advice?

A: Perhaps the easiest and most reliable method for raising edible sprouts is with a wide-mouth jar and screen of some type. Screw-on screen lids are readily available at health food stores and other companies. You can make your own screen with cheesecloth and a rubber band, but it is messier and ultimately more expensive. A wide-mouth quart canning jar is a good choice. A quart mayonnaise jar also works well.

To start the sprouting process, place two to three tablespoons of small seeds, such as alfalfa, or one-fourth to one-half cup of large seeds, such as beans, per quart into a glass jar. It is best to start with a smaller amount of seeds to see how the process goes. Fill the jar two-thirds full of lukewarm water, place the screen over the mouth of the jar and soak seeds for eight to 12 hours or overnight.

After soaking, drain the seeds and lay the jar on its side. During the next three to five days, rinse the seeds with lukewarm water once every morning and evening. Drain off all excess water after each rinsing. Keep the jar at temperatures between 65 and 85 degrees Fahrenheit. Some people like blanched sprouts that develop in darkness or indirect light and are not exposed to any sunlight. Placing the seed-sprouting jar on top of the kitchen counter and covering it with a small towel will provide an excellent environment during the sprouting process. To create green sprouts, place the jar of sprouted seeds in a sunny window for a few hours. If in the sun too long, they can become tough and bitter.

The eating size of the sprouts will vary with the type of seed and with your individual preferences, generally one-quarter inch to two inches long. Once the sprouts have reached the desired size, place them in a bowl of water. The seed sprouts will sink to the bottom and the loose seed hulls will float to the top. Skim the hulls off. Remove the sprouts and allow them to drain. You can use them immediately or store them in closed glass or plastic containers in the refrigerator for later use.

Some of the seeds you can use for sprouting are alfalfa, broccoli, buckwheat, cabbage, clover, fenugreek, mustard, radish, sesame, sunflower, millet, chickpeas, lentils, green pea, wheat, rye, triticale, onion and various beans including adzuki bean, soybean, kidney bean and mung bean. Seeds for sprouting may be purchased from mail-order seed companies, health food stores and some garden centers. Do not use seeds that have been treated with fungicides or other pesticides.

Because seeds have different sizes and growing habits, experiment to find the best way to handle each kind and to suit your tastes and needs. If you become really involved in sprouting, there are devices for quantity production.

Sprouts need not be limited to salads but can be used in sandwiches, soups, stews, omelets, bread (mixed into dough) and stir-fry dishes.

Got a question? Visit our website, write to us at 19 MLK Jr. Drive, Room 128, Atlanta, GA 30334, or email arty.schronce@agr.georgia.gov.