Entering Lines into the Uniform Regional Hard Red Spring Wheat Performance Nursery with 
 Protected or Patented Genes
 The following is the Hard Winter Wheat Regional Program Position Which Seems to Fit Well 
 For Hard Spring Wheat Regional.   Basically the same situation exists in the Spring Wheat 
 Region and Robert Busch suggests this provisional basis is acceptable for Spring wheat 
 also until breeders entering material can discuss it.
 From:  Robert Greybosch Coordinator of Hard Winter Wheat Region
 A question has arisen as to whether wheat germplasm lines carrying Protected or patented 
 genes may be entered in the HWW regional program.  We have decided to allow such 
 submissions, on a provisional basis, for the 2001 nurseries.  Submissions must adhere to 
 the provisions below, and submissions of such lines after the 2001 year will depend upon 
 the adoption of formal guidelines.  We are in the process of drafting a formal plan, 
 hopefully one that will be approved at the 2001 Hard Winter Wheat Workers Conference
 Provisional plan for the submission of lines with patented or protected genes:
 Definition:  "protected" gene = a gene whose use is restricted by patents, Material                                          
 Transfer Agreements, or other types of research agreements.
 Wheat lines carrying such traits may be entered in the 2001 HWW 
 Regional nurseries (RGON, SRPN, NRPN) under the following conditions:
 1.  Cooperators may cross with the line in question.  Thereafter, the cooperator making 
 such crosses must either have their own research agreement with the trait owner, or, if 
 such an agreement is lacking, they must remove the trait from breeding populations by 
 2.  The owner of the trait has been informed of the submission, and that they agree to 
 the conditions set forth in #1.
 3.  All other uses of the line are governed by the Wheat Workers Code of Ethics.
 4.  The trait may not have been inserted into the wheat genome by genetic engineering.  
 In other words, the wheat line in question may not be transgenic.
 At this point in time, transgenics may not be entered in the program.  I am certain this 
 question will arise in the near future, so I have contacted USDA-APHIS regarding this 
 point.  If you are interested in the details, the attached file contains the pertinent 
 points of our e-mail exchange.  The APHIS responses are in bold.  To make a long story 
 short - transgenic wheat lines will be allowed in the regional program only if they have 
 been granted permanent non-regulated status.  Non-regulated status is granted only  after
 the originator files a formal petition to de-regulate a line with  APHIS.