Montana State University

Variety Release Policy, MAES

Subject: Research
Policy: Variety Release Policy
Revised: April 2012
Effective Date: May 1, 2012
Review Date: May, 2015
Responsible Party: Director, Montana Agricultural Experiment Station (MAES)

Montana Agricultural Experiment Station (MAES) experimental lines are considered for release when the following conditions are met:

A. TESTING

  1. The minimum number of testing locations and calendar years required for release are:
    1. Cereal grains require a minimum of 16 location-years collected in two cropping seasons for agronomic performance.
    2. Perennial forage crops require data from three harvest years, not including the year of seeding, at four locations, with at least one location providing an estimate of winter hardiness and/or drought tolerance.
    3. Horticulture and specialty crops require a minimum of one location and three cropping seasons.
    4. Native plants require AOSCA standards for source identified or selected class germplasm.
  2. Test results are adequate to determine the experimental lines' potential and limitations.

B. APPLICATION FOR RELEASE

  1. Applications should include the following information:
    1. Agronomic and pest (e.g. disease resistance) data.
    2. Quality data.
    3. Variety description and number of increase generations permitted for seed certification program.
    4. Status of Breeder and Foundation Seed.
  2. Variety release applications must be submitted in writing and electronically to Head, Department of Plant Sciences and Plant Pathology (PSPP).
  3. Instructions can be found at: http://plantsciences.montana.edu/FoundationSeed/Instructions.pdf

C. VARIETY RELEASE COMMITTEES

  1. Variety Release Committees include:
  2. Wheat
  3. Barley
  4. Forage Crop
  5. Specialty Crop
  6. Horticulture and Native Plants
  7. Committee recommendations shall be based on a majority rule basis. Written minority reports may be submitted.
  8. Committee members, if not present, must submit a written vote or request a proxy to the Chair.
  9. Non-voting members are encouraged to attend meetings and participate in the discussions.

D. PROCEDURES

  1. Variety Release Committees will usually meet in mid-winter to allow adequate time for breeding and Foundation Seed programs to implement decisions.
  2. Chair will solicit applications, assign membership and forward applications to appropriate committee members.
  3. Chair will serve as a non-voting member for all variety release committees and will assign a Secretary.
  4. The breeder of the experimental line will present data and discuss its attributes, limitations, and preferred release option (F.2.a., F.2.b., F.2.c.).
  5. Variety Release Committee should consider the experimental line to be equal or superior in overall merit to the check varieties or have unique characteristics or special-use considerations.
  6. Chair will submit the committee recommendations for approval to the Director of MAES.
  7. Administrative action taken will be transmitted to the Chair within 30 days from the Director of MAES. Chair will in turn notify committee members about the administrative review result.
  8. Written approval by PSPP Department Head and Director of MAES is necessary for variety release. The Director of MAES has veto power over Committee action. The Director of MAES will make the final decision on Public Releases (F.2.a.) and Protected Public Releases (F.2.b.) and the Vice President for Research, Creativity and Technology Transfer will make the final decision on Licensed Releases (F.2.c.).
  9. Variety Release Committees may waive the requirements of a specific rule(s) based on the recommendation of three-fourths (75%) of the Variety Release Committee voting membership.

E. VARIETY RELEASE COMMITTEES AND MEMBERSHIPS

1. The Variety Release Committees will consist of :

Variety Release Committees,
Wheat, Barley, Forage Crop, Specialty Crop, Horticulture & Native Plants

Voting Members, 16

Affiliation

Appointing Administrator

Chair (non-voting)

PSPP Head

Director MAES

1. TBD annually

Breeder

PSPP Head

2. TBD annually

Quality, Cereal or Forage

PSPP Head

3. TBD annually

Plant Pathologist

PSPP Head

4. TBD annually

Representative

MT Foundation Seed Program

5. TBD annually

Representative

MT Seed Growers Association

6. TBD annually

Weed Scientist

LRES Head

7. TBD annually

Cropping systems

LRES Head

8. TBD annually

Entomologist

LRES Head

9. TBD annually

NARC Superintendent

10. TBD annually

CARC Superintendent

11. TBD annually

WTARC Superintendent

12. TBD annually

NWARC Superintendent

13. TBD annually

EARC Superintendent

14. TBD annually

SARC Superintendent

15. TBD annually

Representative

MAES State Advisory Council



One member from below added to each of the Five Variety Release Committees

16. Wheat

Representative

MT Wheat & Barley Committee

16. Barley – Feed

Representative

MT Wheat & Barley Committee

16. Barley – Malt

Representative

American Malting Barley Association

16. Specialty Crop

Representative

Research Center Head

16. Hort-Native Plant

NRCS Scientist

Bridger Plant Materials Ctr. Manager

16. Forage Crop

NRCS Scientist

Bridger Plant Materials Ctr. Manager

Ex-officio

Representative

V.P. for Research, Creativity and Technology Transfer


2. The Wheat and Barley Variety Protection Committee will consist of:


Wheat and Barley Variety Protection Committee

Voting Members, 7

Affiliation

Appointing Administrator

Chair (non-voting)

Director, MAES

N.A.

1.

PSPP Head

N.A.

2.

Faculty

Director, MAES

3.

Representative

Montana Foundation Seed Program

4.

Representative

Montana Seed Growers Association

5.

Representative

Montana Seed Trade Association

6.

Representative

Montana Wheat & Barley Committee

7.

Representative

MAES State Advisory Council

Ex-officio

Representative

Montana Dept of Agriculture, Seed Division

Ex-officio

Representative

V.P. for Research, Creativity and Technology Transfer

3. A Research Fee will be collected on all Registered Class and Certified Class seed sold of Protected Public Release varieties of wheat or barley (only option F.2.b.). The purpose of the fee is to provide direct support to the MSU breeding and other MSU plant improvement programs. The MAES Director will establish a MSU designated fund for protection of Plant Variety Protection (PVP) title V varieties. This will be distributed as follows: 1) pay for costs associated with PVP title V and fees (administrative and MAES), 2) 50% of net to breeding program that developed the variety generating the research fees and, 3) 50% of net to fund high priority programs for variety improvement, cereal quality and focused outreach.

4. A Research Fee Agreement developed by MAES between the company/private entity and MSU will be executed prior to distributing Foundation Seed of a Protected Public Release of wheat or barley to the company/private entity.

Distributor Chart MAES

F. DISTRIBUTION OF A MSU VARIETY

  1. Montana Foundation Seed Program and/or a member of the Montana Seed Growers Association are responsible for the increase of Foundation class seed. Permission must be obtained from the PSPP Head and the Director of MAES to increase Foundation seed outside of these programs.
  2. Variety Release Options:
  3. Public Release: Variety of a new release is allocated to a qualified seed grower(s) with no research or royalty fee.
  4. Protected MSU Public Release: New release of wheat or barley is protected with PVP title V with a MAES Research Fee.
  5. License Release: Variety is protected with PVP title V and released as an exclusive (one business) or non-exclusive (more than one business) process. Each requires a license agreement with MSU Technology Transfer. MSU Royalty Fees are collected with a license releases and MAES Research Fees are not collected.
  6. Wheat and Barley Variety Protection Committee will review wheat and barley varieties for protection by PVP title V or release as a public variety with an agreement for collection of fees on Registered Seed and Certified Seed sold.
  7. The Director of MAES has veto power over Committee action. The Director of MAES will make the final decision on Public Releases (F.2.a.) and Protected Public Releases (F.2.b.) and the Vice President for Research, Creativity and Technology Transfer will make the final decision on Licensed Releases (F.2.c.).
  8. The Director of MAES will charge a License Release Committee with providing a recommendation on the release process. The Office of Technology Transfer, MSU will be responsible for appropriate license agreements for an exclusive or non-exclusive licensed release.

  1. The License Release Committee will be composed of:

License Release Committee

Voting Members, 5

Affiliation

Appointing Administrator

1. Chair

Head, PSPP

MAES Director

2.

Representative

MAES State Advisory Council

3.a. Wheat or Barley

Board Member

Montana Wheat & Barley Committee

3.b. Non-Wheat or barley

Representative

PSPP Head

4.

Representative

PSPP Head

5.

Representative

PSPP Head

Ex-officio

Representative

V.P. for Research, Creativity and Technology Transfer

APPROVED:

   

Dr. John Sherwood
Head, Department of Plant Sciences and Plant Pathology

Date

   

Dr. Jeff Jacobsen
Director, Montana Agricultural Experiment Station
Dean, College of Agriculture, Montana State University

Date

   

Dr. Thomas McCoy
V.P. for Research, Creativity and Technology Transfer

Date