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U.S. National Plant Germplasm System Distribution Policy

Plant germplasm is distributed to scientists, educators, producers and other bona fide research and education entities from U.S. National Plant Germplasm System (NPGS) active collection sites. The NPGS Curator and/or Research Leader will, in accordance with current NPGS policies and procedures, determine the legitimacy of a request when necessary.

Distributions to fulfill requests for repatriation of subsamples of germplasm collections to a country or community of origin, especially following natural or man-made catastrophes, are considered a high priority.

Although distributions for research, education, and repatriation are of the highest priority, the NPGS also encourages various seed-saver organizations and public gardens to conduct germplasm conservation activities that engage many individuals and groups throughout the country. Elements of the NPGS cooperate with seed-saver organizations and public gardens and may store germplasm for and distribute germplasm to such organizations.

Distribution of germplasm from NPGS collections to fulfill requests from individuals seeking free germplasm strictly for home use is generally considered an inappropriate use of limited resources and conflicts with U.S. Government policy of not competing with commercial enterprises. Requestors can be asked, in an appropriate manner, to justify the use of specific NPGS germplasm instead of suitable commercially available germplasm.

Accessions listed in the Germplasm Resources Information Network (GRIN) database as “not available” due to insufficient or low viability seed and/or scheduled for regeneration will generally not be available for distribution.

Other accessions are listed in GRIN as “not available” because they are not a part of the NPGS collection per se, but are conserved in NPGS genebanks to meet specific needs as described later in the section entitled “Categories of Germplasm Distributed and Availability.” In this category are certain accessions of improved germplasm that are only available from the owner/developer. Other accessions require that specific conditions be met by the requestor before distribution is possible.

NPGS sites will not distribute germplasm internationally when they cannot comply with the importation or quarantine requirements of the recipient country unless the requestor can provide a valid waiver of such requirements.

ILRI Germplasm Policy (excerpts)

The International Livestock research Institute (ILRI) maintains a collection of forage germplasm as a global public good. The material was acquired prior to the entry into force of the Convention on Biological Diversity; or if it was acquired after the entering into force of the Convention on Biological Diversity, it was obtained with the understanding that it was held in trust and could be made available for any agricultural research, breeding and training purposes under the terms and conditions set out in the agreement between the ILRI and FAO dated 26 October 1994. On 16 October 2006, ILRI signed an agreement with the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture (the Treaty) placing these in trust collections of Plant Genetic Resources for Food and Agriculture (PGRFA) within the purview of the Treaty.

In accordance with this Agreement, all shipments of PGRFA of crops listed in Annex 1 to the Treaty (shipments of PGRFA under the Multilateral System) will be subject to the terms and conditions of the Standard Material Transfer Agreement (SMTA). In the event that the SMTA (attached) is used for the transfer of Plant Genetic Resources for Food and Agriculture other than those listed in Annex 1 of the Treaty: i) The references in the SMTA to the "Multilateral System" shall not be interpreted as limiting the application of the SMTA to Annex 1 Plant Genetic Resources for Food and Agriculture, and in the case of Article 6.2 of the SMTA shall mean "under this Agreement". ii) The reference in Article 6.11 and Annex 3 of the SMTA to "Plant Genetic Resources for Food and Agriculture belonging to the same crop, as set out in Annex 1 to the Treaty" shall be taken to mean "Plant Genetic Resources for Food and Agriculture belonging to the same crop".

The material is held in trust and the recipient has no rights to obtain Intellectual Property Rights (IPRs) on the material or related information. The recipient may utilize and conserve the material for research, breeding and training and may distribute it to other parties provided such parties accept the terms and conditions of the SMTA .

ILRI will provide forage seeds in small experimental quantities of between 1 and 20 grams without charge from the germplasm collection under the SMTA as appropriate for the crop as part of its policy of maximizing the utilization of material for research, breeding and training. Larger quantities sufficient to sow up to one quarter of a hectare of a limited number of promising accessions will require that requesters cover the costs of production and shipping.

ILRI makes no warranties as to the safety or title of the material, nor as to the accuracy or correctness of any passport or other data provided with the material. Neither does it make any warranties as to the quality, viability, or purity (genetic or mechanical) of the material being furnished. The phytosanitary condition of the material is warranted only as described in the attached phytosanitary certificate. The recipient assumes full responsibility for complying with the recipient nation’s quarantine and biosafety regulations and rules as to import or release of genetic material.