Entering Lines with Protected or Patented Genes into the Hard Red
 Spring Wheat Uniform Regional Nursery
 The following information details the Hard Winter Wheat Regional
 Program position on this issue.  Basically, the same situation
 exists in the Spring Wheat Region, and it is therefore suggested
 that these guidelines are appropriate and thus accepted for the
 Hard Red Spring Wheat Uniform Regional Nursery as well, until
 such a time as the participants agree to deviate from it.
 From:  Robert Graybosch, 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
 Wheat lines carrying such traits may be entered in the 2001 HWW
 Regional nurseries (RGON, SRPN, NRPN) under the following
 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 selection.
 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 (note by HRSW
 coordinator: this file is not included in this report).  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.