Category: Uncategorized (Page 7 of 8)

Patent Law and the Plant Variety Protection Act (PVPA)

Most varieties of wheat and soybean sold in Maryland are protected by either the U.S. Patent Law or the Plant Variety Protection Act. These protections provide intellectual property rights to the developer (i.e. seed company and/or breeder) of the variety. In addition, they either severely limit the age-old practice of “farmer saved seed” or prohibit it entirely, depending upon the type protection secured by the variety’s owner. Violation of either protection may result in financial penalties and costly litigation. The following discusses the implications of Patent LAw and PVPA on farmer saved seed.

U.S. Patent Law

Most soybean varieties and an increasing number of wheat varieties sold in Maryland are protected under U.S. Patent LAw that provides 20 years of protection to the developer. Patent law prohibits saving harvested seed for planting purposes, no exception, including a farmer saving and planting back seed on his/her farm for either commodity or cover crop production. Review the seed tag and container to determine if it is patent protected. Look for the “Patent Number” or the statement “Patent Pending.”

U.S. Plant Variety Protection Act

PVPA gives patent like protection to owners or breeders of a variety, with one major exception; PVPA allows farmers who purchased PVPA protected seed to save harvested seed for planting purposes on their own holdings. No sale, transfer, trading, etc. of PVPA seed for planting a crop is allowed. Review the seed tag and container to determine if it is protected. Look for the statement “U.S. Plant Protected Variety – Unauthorized Propagation Prohibited” it is estimated that less than 25% of the wheat varieties (or brands) sold in Maryland are protected under PVPA.

Sale of Seed for Planting Purposes by Grain Dealers

As the demand for “cover crop seed” has grown, some grain dealers have been selling wheat out of the bin for overcrop planting purposes. Since most wheat varieties (or brands) are either “Patent Protected” or “PVPA,” selling wheat for planting purposes is in violation of one or both of the laws. Neither citing the principle of “patent exhaustion” nor the reasoning that “it’s only cover crop, it will be killed in the spring” can be used as a defense to avoid the law. Both laws are clear in defining that no propagation is allowed.

Variety Not Stated

It is illegal to label Patent or PVPA protected seed as “Variety not State,” regardless of its intended use.

New Technology

Companies have significant investments to bring new technology to the marketplace. Without patent law and plant variety protection, they would not be able to recoup these investments. Without investment in new technology, access to new, better-yielding varieties would stop.

Every year, there is an 11% shortage of agriculture graduates to fill professional positions in the field of agriculture. The Maryland Grain Producers Utilization Board (MGPUB) supports students pursuing agriculture careers through a college scholarship program, This year, four students were each awarded a $2,500 scholarship at the Maryland Commodity Classic on July 26th. Recipients are Grace Brinsfield of Vienna, Jenell Eck of Henderson, Ethan Miller of Kennedyville, and Cody Martin Morris of Parsonsburg.

“We have an outstanding group of qualified individuals receiving scholarships this year,” states Jennie Schmidt, MGPUB President. “We need trained professionals to meet the demand for careers addressing issues such as world hunger and food safety, renewable energy, and environmental stewardship. Over $180,000 has now been awarded throughout Scholarship Program.”

Using what she will learn through an agronomy degree from the University of Maryland College Park, Grace Brinsfield plans to become a Certified Crop Adviser to assist Maryland farmers. “I attended Agronomy Day that the University of Maryland Extension put on and that day I decided I wanted to study agronomy,” commented Grace. She has competed in horticultural identification through 4-H on the county, state, and national levels. Her parents, Valerie and John Brinsfield, raised Grace on a vegetable and grain farm in Vienna. Thanks to her background, she has experience growing many crops including tomatoes, lima beans, sweet corn, soybeans, sweet potatoes, asparagus, wheat, barley, and more.

Jenell Eck is a double major at the University of Delaware in Agriculture and Natural Resources and Communications so that she can better communicate with the public about the importance, practices, and labels of agriculture. She has already begun her advocacy for agriculture, having previously served as Maryland State FFA President and Miss Maryland Agriculture. This summer, she has been educating the public and even lobbyists by interning with the National Chicken Council. Her parents, Mark and Vicky Eck, raised her on a 1,250 tillable acre farm, where they grow corn, wheat, soybeans, and barley.

A recent graduate of Kent County High School, Ethan Miller’s life has revolved around his family’s 4,000 acre grain farming operation. Excited to start his college career at the University of Delaware, Ethan plans to study Agronomy so that he can return to the family farm and serve as their very own agronomist. Son of Kevin and Amy Miller, Ethan views misunderstandings about the production of food as one of the largest problems facing the industry today. However, he tries to combat this issue by educating consumers at local and state fairs where he shows dairy cattle.

Son of Thomas and Lisa Morris, Cody Martin Morris has worked on his grandparent’s grain and poultry farm since the age of 10, where he learned the benefits of reaping a plentiful harvest. In addition to the crops grown by his family, he also has his own pumpkin patch which he manages from planting to harvest. By studying agronomy and agricultural business management at the University of Maryland College Park, he hopes to one day efficiently run his family farm and maximize profits so that it can be passed along to the next generation. In his lifetime, Cody has seen many changes in the production of chickens and small grain crops and recognizes the importance of continuing family farms in the current day and age.

“Agriuclture is an exciting career field with many opportunities,” concludes Schmidt. “We are excited to see these young people wanting to make a contribution to our indsutry. This scholarship program is a long-term investment with big dividends for the future of farming.”

Each April 22, thousands of Americans celebrate Earth Day. It’s a moment-in-time for us to think about the changes we each can make to improve the environment, whether that’s volunteering in our local community or implementing small steps in our own households. As a farmer who grows 1,400 acres of corn, soybeans, wheat, barley, and sorghum on land adjacent to the Chesapeake Bay in Maryland, my focus on water, soil, air, and habitat is fundamental to the work I do each day. Unfortunately, because I run a large conventional farm and also use GMO seeds, the broader public does not believe my farm is sustainable.

Keep in mind, the land I farm has been in my family for these generations. I live and farm in one of the most beautiful corners of the United States, and I want to make sure the environment is better for my children who plan to raise food and their families on this same lad. I’m sure my sentiment and focus on sustainability may be met with skepticism – people might think, “You are only one farmer, how can I be sure other conventional farmers also care about the environment?” My answer – the commitment to sustainability is one that is shared by an entire industry.

Take for example that National Corn Growers Association, of which I am president. We have prioritized a goal that by 2020, the number of corn farmers who input data into sustainability through our Good Steward program which annually recognizes a grower who shows a history of innovation in the use of irrigation, cover crops, soil erosion control, nutrient management, and water quality. We’re also partnering with NGOs like the Environmental Defense Fund in its NutrientStar program, which employs independent, science-based reviews that ultimately will give corn farmers assurance that more fertilizer is staying in the field, and out of waterways. These are only a few examples of how an entire industry of farmers is focused on sustainability and continuously improving our work in this arena.

I’m proud to say that I’m a conventional farmer and sustainability is my top priority. It’s not just about the bottom line for me, but ensuring my family, farm, community, and environment are better off than when I started farming more than three decades ago. It’s my responsibility and something I think about every day not just on Earth Day.

By Chip Bowling, a corn, soybean, wheat, barley, and sorghum farmer in Southern Maryland and 2015 to 2017 President of the National Corn Growers Association.

The National Wheat Foundation (NWF) annual National Wheat Yield Contest officially kicked off January 17, 2018. In its third year, the contest continues to drive innovation in the industry by spotlighting the best practices among American wheat growers.

This year, the contest is adding a quality requirement, raising the bar for what constitutes the greater grain among U.S. wheat growers. Foundation Board President Phil McLain believes adding a quality component to the contest will encourage growers to share approaches and techniques that help improve quality and maintain yields.

“The wheat yield contest helps improve the overall quality and marketability of U.S. wheat by creating a reason for growers to share success and learn from one another,” McLain said.

This new quality requirement addresses the market opportunities U.S. wheat growers to maximize profitability as they grow the greater grain and allow the industry to compete with wheat growers around the world.

The top five winners from each category & subcategory, along with the overall high yield winner, will be recognized nationally, including at the winner’s reception during the 2019 Commodity Classic to be held February 28th to March 2nd in Orlando, Florida.

Additionally, Eddie Mercer Agri-Services, Inc. and Syngenta AgriPro will be offering an extra incentive to their customers who participate in the contest. The two will pay the state winner $1,000 if the entry is Mercer Brand or Syngenta seed. In addition, Eddie Mercer will pay all county winners $200.00 if they win with a Mercer Brand MBX Wheat.

The 2017 contest had a record-breaking 287 entries from 27 states, and this year’s contest is expected to continue growing the momentum of sharing best practices and techniques throughout the industry.

Maryland grain farmers Chip Bowling, Chip Councell, and Paul Spies recently returned from the U.S. Grain Council (USGC) 14th International Marketing Conference and 57th Annual Membership Meeting in Panama City, Panama.

The kickoff event allowed attendees to get a firsthand look at the Panama Canal expansion. This was a unique opportunity to see trade in action and an important reminder of the dynamic global trade environment. Before the tour, Chio Councell, USGC chairman signed a formal memorandum of understanding with Manuel Benitez, Panama Canal deputy administrator, recognizing the importance of the Panama Canal to U.S. grain trade.

Sixty-nine percent of all cargo traveling through the Panama Canal originates from or is destined for the United States, including roughly one-third of total U.S. grain exports. The new set of locks will open opportunities for larger and more efficient shipments of all products.

During this international conference, Advisory Teams met to discuss issues of importance in each trade region of the world major topics including ethanol, innovation and sustainability, trade policy, and value-added products. The US Grains Council delegates also met in sector-specific groups, for corn barley, and sorghum producers as well as agribusinesses and general farm organizations.

“As market opportunities constantly ebb and flow, so must USGC continuously adjust our activities to maintain our long-term global trading partners and meet increasing demand in developing markets,” said Councell. “The input of our Advisory Teams is essential to both developing the Council’s overarching strategy and planning the Council’s annual activities.”

Building personal relationships with those involved in grains trading around the world is an important part of increasing market demand for U.S. grain and grain products. MD Grain Producers Utilization Board is proud to have Maryland farmers leading the way in building and strengthening export markets for American farmers.

The Maryland Grain Producers Association will offer four $2,500 to students pursuing an agriculturally related degree or career in 2017. Applicants must be a resident of the state of Maryland and must be enrolled or accepted to a four-year institution working toward a Bachelor of Science Degree, or enrolled or accepted to a two-year institution with an agricultural program. The applicant, or the applicant’s immediate family, must be involved in the production of grain in Maryland and a member of the Maryland Grain Producers Association.

Scholarship funding is provided by the Maryland Grain Checkoff Program, which supports promotion, education, and research projects beneficial to the grain industry. Given the dynamic changes in agriculture today, the advances in biotechnology, global positioning systems, environmental protection, drone technology, and crop and livestock production, Maryland’s grain farmers believe it is very important to encourage students to consider careers in agriculture by supporting their educational needs through scholarships. More than $150,000 in college scholarships have been awarded since the program was established in 1991.

The National Corn Growers Association (NCGA) and Maryland Grain Producers Utilization Board (MGPUB) would like to congratulate Drew Haines of Midletown, MD for being named a national winner of the 2016 National Corn Yield Contest. Haines placed second in the non-irrigated division of the contest with a yield of 324.9316 bushels per acre. He used the DEKALB DKC58-83RIB variety to achieve this high yield. This variety has been an all-time favorite of Hanes, who has found it to be very successful over the past five years.

This was Haines’ second year entering the cntest. LAst year, he was a Maryland state winner in the no-till/strip-till, non-irrigated class using DEKALB DKC62-08RIB variety. He won the class for Maryland as well again this year using the same variety, with a yield of 315.5972 bushels per acre. “There is potential in every bag of seed, you j ust need to figure out how to reach that potential.” Haines said, “it is exciting as you are harvest the corn plot acres off, watching the yield monitor show places in the field that are over 400 bushels per acre. Now the challenge is how to get that yield for the entire field,” he recounts.

Haines was first interested in entering the contest ater reading about Herman Warsaw began harvest recording-breaking yields in the 1970s. “I found a video and must have watched it fifteen times,” he jokes. Haines was impressed to learn that Warsaw broke 338 bushels per acre in 1975, and 370 bushels per acre ten years later in 1985 without access to any of today’s modern technology. Haines tries to incorporate some of Warsaw’s techniques, as well as new scientific advances in his farming.

Winners receive national recognition in publications such as the NCYC Corn Yield Guide, as well as cash trips or other awards from participating sponsoring seed, chemical and crop protection companies. In San Antonio, durig the 2017 Commodity Classic, winners will be honored during the NCGA Awards Banquet and the NCYC State Winners Breakfast.

Please visit National Corn Growers Associatin website www.ncga.com for the complete list of National and State winners. For more informaiton, contact Maryland Grain Producers.

The National Wheat Foundation (NWF) and Maryland Grain Producers Utilization Board are proud and excited to announce the state winners of the 2016 National Wheat Yield Contest; Donald Lippy, Bradley Rill, and Edward Lippy. Sponsored by Monsanto, BASF, John Deere, Winfield, and seeing nearly 170 entrants, the 2016 National Wheat Yield Contest is the first in twenty years and encouraged farmers to innovate, exchange knowledge, and utilize available technology.

The top yield in the state for dryland winter wheat was Donald Lippy of Lippy Brothers Farms from Hampstead, MD. On a field in Baltimore County, he reached a final yield of 116.81 bushels per acre, 88.4% above the county average. Following his lead were his partners, Bradley Rill who reached a final yield of 117.36 bushels per acre in Carroll County, 63% above average; and Edward Lippy who reached a final yield of 109.11 also in Carroll County, 51.5% above average.

“The Foundation believes that the National Wheat Yield Contest will be the catalyst to driving innovation among growers, and communication with competitors and colleagues to facilitate productive discourse on successful practices and techniques,” says NWF Chairman Phil McLain. “We are thrilled that the 2016 Contest saw a robust level of participation, and we hope that the 2017 Contest will see even higher levels of enrollment from wheat growers. We are at a point, as an industry, where farmers are capitalizing on modern and innovative growing techniques to produce the surpluses that we are seeing today. The Wheat Yield Contest will allow those hugely successful growers to share those techniques to bring the whole industry to the forefront of cutting-edge technology and practices.”

With the announcement of the 2016 winners, the National Wheat Foundation would also like to announce the opening of the 2017 National Wheat Yield Contest. Registration for the fall wheat sector will end on May 1, 2017, and registration for the spring wheat sector will end on August 1, 2017. Growers should look ahead to the coming year to enter the contest and join their fellow growers in achieving the objectives of the National Wheat Yield Contest.

For more information, contact the Maryland Grain Producers.

Cordova, MD – On Friday, October 28, 2016, a team of Egyptian grain-buyers visited Maryland to learn about the area’s grain farms ad elevators as part of the U.S. Grain’s Council (USGC) Export Exchange 2016 Program. The team met with USGC Chair, Chip Councell of Councell Farms, who took them to see corn harvest at Hutchison Brothers Grain and Nagel Grain Elevator.

The buyers were excited to see Maryland grain production and handling systems first-hand and to have the opportunity to make a business connection while on the tour. Councell educated the team on the high-quality supply of Maryland corn, as well as the stewardship and technology used to produce it. The team was highly impressed by Maryland corn production and seemed eager to develop trade relationships.

Hosted every other year by USGC and the Renewable Fuels Association, Export Exchange brings together international buyers with U.S. sellers of corn, sorghum, barley, distiller’s dried grains with solubles, corn gluten meal and corn gluten feed. The team of Egyptian grain-buyers that visited Maryland is one of 19 who participated. The USGC’s market development work is funded by members like the Maryland Grain Producers Utilization Board (MGPUB), the Market Access Program, and the Foreign Market Development Program in the 2014 Farm Bill.

Locally, MGPUB supports the Council’s efforts to promote U.S. grain sales in more than 50 countries and the European Union because trade is a critical component of farmer profitability. Exports of Maryland Grain and grain products were last valued at $8.2 million. The economic ripple effects of these grain and grain product exports created $13.8 million in economic output, $4.7 million in gross state product, and 81 full-time equivalent jobs in the state economy.

On Thursday, October 6, Maryland Grain Producers Utilization Board (MGPUB) attended the VIP screening of MPT’s Maryland Farm & Harvest Season 4. MGPUB has been the primary funder of the series for all four seasons. Maryland Farm & Harvest has reached over four million viewers! Secretary Bartenfelder spoke at the event and praised the show for being an educational proponent of Maryland agriculture. The producers of the show thanked Lynne Hoot for her twenty-seven years of service to Maryland agriculture, and for helping to make the show possible. Featured on the first episode of the season will by MGPUB’s very own Bobby Hutchison, along with Triple R Bull Co, Moore or Less Farm, and yoder’s Tomatoes. Be sure to tune into the season 4 premiere on Tuesday, November 15th at 7 pm!

View previous episodes online here.