The next genera(tion) - Protections for your selections Scouting for boxwood blight - Digger magazine
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
MARCH 2020
The next
genera(tion)
PAGE 14
Protections for
your selections
PAGE 19
Scouting for
boxwood blight
PAGE 25
PUBLISHED BY
“Topdressing with PBH rice hulls
has been a game changer
for our weed control program.”
Hernie Rosado, Production Manager
Ridge Manor Nurseries • Madison, Ohio
“By topdressing with PBH at potting
we save time, reduce hand weeding
and use less herbicide.
Those are three big benefits
for a nursery
with thousands of containers
in production.”
Change your weed management program
for the better. Topdress containers with
PBH rice hulls to help prevent airborne
weed seeds from reaching the growing
mix and germinating. Uniquely processed
to verify purity, PBH rice hulls support
870-673-5575
sustainable plant production. www.riceland.com
PBH Nature’s Media Amendment is also used as a growing mix amendment in greenhouse plant production.
Always trial any material used in a new application for adaptability to your operation. PBH-DM-0718
STEVE’S
Plan
Individual thinkers deserve individual business insurance.
Your business is as individual as you are, so don’t settle for a
one-size fits all business insurance plan. You deserve a plan
custom designed to address your specific needs.
American National agents have proven experience and
success protecting green industry professionals by providing
personalized plans. With a coordinated array of insurance
coverage for business and family, we can service all your
insurance needs.
Visit an.insure/digger to contact an agent near you.
PROUD MEMBER OF
Products and services may not be available in all states. Terms, conditions and eligibility requirements will apply. Life
insurance and annuity products may be underwritten by American National Insurance Company, Galveston, Texas.
Property and casualty products and services may be underwritten by American National Property And CasualtyCompany or
American National General Insurance Company, both of Springfield, Missouri. 19-069.304407.V1.8.19
March 2020 Vol. 64 No. 3
25 14
14 The next genera(tion) COLUMNS
Breeders diligently pursue what they hope will strike the
market’s fancy and become a hot seller.
7 President’s Message
13 Pivot Points
19 Legal Access
13 Knowing customer needs before 30 Director’s Desk
they do
Pivot Group offers marketing advice for getting ahead of DEPARTMENTS
customer expectations.
8 Calendar
9 Northwest News
19 Protections for your selections 22 Classifieds
Breeders and growers looking to protect their work have 24 Subscription Info
several available options. 25 Growing Knowledge
29 Digger Marketplace
25 Scouting for boxwood blight
These tips make it easier to spot and mitigate this highly
infectious disease.
On the cover: During the last decade, perennials such as Echinacea ‘Supreme Cantaloupe’
have resurfaced as poplular picks for gardeners. PHOTO COURTESY OF TERRA NOVA
On this page: Left: Wise growers look closely at their products, as boxwood blight
symptoms are often hidden under the lowest branches of a plant. PHOTO COURTESY OF
OREGON STATE UNIVERSITY Right: Afterburner® Tupelo Nyssa sylvatica ‘David Odom’ is
a hardy tree with upright branches, making it a good variety to plant near urban
Printed in Oregon on domestic
streets. PHOTO COURTESY OF J. FRANK SCHMIDT & SON CO. recycled paper when available.
4 M A RCH 2 02 0 D IG G E RM AGAZINE .CO M
Leonard Adams
Insurance 29751 S.W. Town Center Loop West
Wilsonville, OR 97070
Protecting you, PH
PH
503-682-5089
888-283-7219
PORTLAND
NATIONWIDE
your business FAX 503-682-5099
FAX 503-682-5727
MAIN OFFICE
PUBLICATIONS
info@oan.org
and your
EMAIL
www.oan.org WEB
www.diggermagazine.com NEWS BLOG
employees ____________
STAFF
Employee Benefits Jeff Stone jstone@oan.org
EXECUTIVE DIRECTOR 503-582-2003
• Medical Beth Farmer bfarmer@oan.org
COMMUNICATIONS & 503-582-2013
• Vision WEB DESIGN MANAGER
• Dental Bill Goloski bgoloski@oan.org
PUBLICATIONS MANAGER 503-582-2009
• Life & Disability Kelsey Hood khood@oan.org
EVENT & PROGRAM 503-582-2010
COORDINATOR
Personal Debbie Hopkins dhopkins@oan.org
ACCOUNTING & DATABASE 503-582-2004
• Auto MANAGER
Curt Kipp ckipp@oan.org
• Home DIRECTOR OF COMMUNICATIONS 503-582-2008
& PUBLICATIONS
• Life
Zen Landis zlandis@oan.org
EVENT & EDUCATION 503-582-2011
MANAGER
Agribusiness Allan Niemi aniemi@oan.org
Coverage DIRECTOR OF EVENTS 503-582-2005
Blair Thompson bthompson@oan.org
• Property & Casualty ADVERTISING
ACCOUNT MANAGER
503-582-2012
• General Liability Stephanie Weihrauch sweihrauch@oan.org
DIRECTOR OF FINANCE 503-582-2001
• Workers Comp & ADMINISTRATION
• Farm
DIGGER
Curt Kipp ckipp@oan.org
EDITOR 503-582-2008
Exclusive OAN member program for Bill Goloski bgoloski@oan.org
medical and dental ART DIRECTOR
Blair Thompson
503-582-2009
bthompson@oan.org
ADVERTISING 503-582-2012
ACCOUNT MANAGER
____________
Copyright © 2020 by the Oregon Association of Nurseries (OAN).
Digger magazine is an official publication and a member service of the
Oregon Association of Nurseries, 29751 S.W. Town Center Loop W.,
Wilsonville, OR 97070.
To receive information and a free quote, contact: REPRINTS AND SUBMISSIONS Digger allows reprinting of material
with written permission; requests should be directed to the editor. We
are not responsible for unsolicited freelance manuscripts and photo-
Randy Skinner or Kristi Charlton graphs. Contact the editor for contribution information.
SUBSCRIPTION AND CHANGE OF ADDRESS Circulation is con-
Leonard Adams Insurance trolled. Domestic subscriptions are complimentary to qualified U.S.
nursery industry members. Non-qualified U.S. subscriptions are $42.
503-296-0077 or toll free 866-907-1850 Qualified foreign subscriptions are $35 to Canada; $45 to Mexico; and
$80 for all other countries. Single copy rate is $6 while supplies last.
randys@lacoinsurance.com Notify OAN Publications of change of address. Please allow 3-4 weeks
for address change.
kristic@lacoinsurance.com
Postmaster: Change of address correction requested to above address.
ADVERTISING Contact OAN Publications for display and
www.lacoinsurance.com classified advertising rates. Deadlines are the 1st of the month
preceding the month of publication.
6 M A RCH 2 02 0 D IG G E RM AGAZINE .CO M
PRESIDENT’S MESSAGE
2019–2020
EXECUTIVE COMMITTEE
Our voice matters
Simnitt Nursery Jim Simnitt
138 NE 22nd Ave. PRESIDENT
Canby, OR 97013
simnittnsy@canby.com
503-266-9640 In February, I joined a group of
FAX 503-263-6330
Kyle Fessler Woodburn Nursery & Azaleas Inc. the OAN’s Government Relations
PRESIDENT-ELECT 13009 McKee School Road N.E.
Woodburn, OR 97071
sales@woodburnnursery.com
Committee members on a trip to Salem.
503-634-2231 We met with legislators to talk about the
FAX 503-634-2238
current session and how multiple bills directly
Josh Robinson
Robinson Nursery Inc.
P.O. Box 100 VICE PRESIDENT
relate to, and impact, our nursery industry.
Amity, OR 97101 Ten or more years ago, this would have been an
josh@robinsonnursery.com
“off year” — the legislature would not have been in
877-855-8733
FAX 503-835-3004
Jim Simnitt
session, and this group of engaged members would OAN PRESIDENT
Todd Nelson
Bountiful Farms Nursery Inc. have been at their nurseries working.
17280 Boones Ferry Rd. N.E.
TREASURER
Woodburn, OR 97071 In 2010, however, an important change happened. A
info@bountifulfarms.com
503-981-7494
proposal for annual legislative sessions was referred to the voters and passed. In 2012,
KCK Farms LLC Mike Hiller
the Oregon Legislature started meeting every year. This meant the traditional, long session in
11483 SE Amity-Dayton Hwy.
PAST PRESIDENT odd years and a 35-day, short session in even years.
Dayton, OR 97114
mike@kckfarms.com Originally, the short session was intended for budget and financial fixes, or short-term
503-864-9422 stopgap measures. The long sessions were still considered the proper venue for more in-depth
FAX 503-864-4412
legislation. That has changed, and major bills with far and wide implications are now being
Denece Messenger
Decorative Bark Products
P.O. Box 1198 SECRETARY debated in the short session. That’s unfortunate, because there is limited time in a short ses-
Tualatin, OR 97062
denecemessenger@comcast.net
sion for public engagement and discourse.
503-510-4029 That is why it was so important for our OAN group to meet with legislative leaders last
FAX 503-859-3764
month on Lobby Day. We had to make sure they heard our point of view.
Wes Bailey Smith Gardens Inc.
MEMBER AT LARGE 23150 Boones Ferry Road N.E. We met with people on both sides of the political aisle and had good discussions. At this
Aurora, OR 97002 writing, the Legislature is still considering several bills we have our eye on, and nothing’s been
wes.bailey@smithgardens.com
503-678-5373 decided yet. I can tell you, however, that several bills have real ramifications for growers.
____________ For example, the proposed cap and trade bill would see our fuel and energy prices
increase up and down the supply chain. Meanwhile, a proposed bill to ban the pesticide
BOARD OF DIRECTORS chlorpyrifos would remove an available tool some Northwest nurseries rely on.
If our voice is not heard, we may not like the outcome. As a group, we are solution-
Tom Brewer HC Companies Inc. ProCal oriented. This means we bring our concerns, but we also bring our fixes.
ASSOCIATE MEMBER tbrewer@hc-companies.com I’ll be honest — the environment is difficult. The last few years in Oregon have seen a
503-686-8448
shift in political power. It can be referred to as a state government trifecta — a single party
Adam Farley
Countryside Nursery
afarley@countrysidenursery.com
CONTAINER GROWER controls the governorship, as well as both the House and Senate.
503-678-0511
There’s a cherry to top it off: supermajorities in both chambers. That is a lot of power to
Monrovia Ron Kinney
control the conversation, and to determine which bills really have a chance to move forward.
rkinney@monrovia.com
CONTAINER GROWER
503-868-7941 It also means one party can pass tax increases without any bipartisan buy-in at all. It doesn’t
Amanda Staehely
Columbia Nursery matter which party holds this power — this much control is problematic.
amandastaehely@gmail.com
CONTAINER GROWER
503-810-2598
When the party in power stops having electoral consequences, it is a recipe for
Jesse Nelson
Hans Nelson & Sons Nursery Inc.
unchecked agendas. A balanced legislature is a better governing body. Otherwise, stakehold-
jnelson@hansnelson.com
FIELD / BARE ROOT GROWER ers can come to the table with problems and solutions, and legislators may listen, but they
503-663-3348
may not feel motivated to help. This is where we find ourselves in today’s. We are striving to
Chris Robinson
Robinson Nursery Inc.
chris@robinsonnursery.com
FIELD / BARE ROOT GROWER
help representatives who are nursery friendly. We try to be part of a solution to make things
877-855-8733 tolerable, if not necessarily the best. This is not a good place to be in.
KG Farms Inc. Jay Sanders After multiple years of new fees and taxes, and coming off a 2019 Legislature that
jsanders@kgfarmsinc.com
FIELD / B&B GROWER
503-678-3245 brought us an annual $1 billion Corporate Activities Tax, we’re seeing many layers of accu-
Lorne Blackman
Walla Walla Nursery Co. Inc. mulated tax burdens that cut into our bottom line. It is almost like our Oregon economy is
lblackman@wallawallanursery.com
GREENHOUSE being engineered to push us away from agriculture and small businesses, and into large cor-
509-522-9855
porations and high tech which can weather these increases.
Ben Verhoeven
Peoria Gardens Inc.
benv@peoriagardens.com
GREENHOUSE As the short session ends and we get back to focusing on our
541-753-8519 businesses, we need to remember what happens in Salem is a direct
Gary S. English
Landsystems Nursery result of our votes in elections. Elections have consequences. We
gary@landsystemsnursery.com
RETAIL
541-382-7646 can’t sit on our hands. We need to be engaged. It’s worth our time
to join our fellow nurseries and advocate for a better small business
environment for our Oregon nurseries.
DIGGER MAGA Z IN E.COM MA RC H 2 02 0 7
MAR Calendar
Get the word out about your event! Email details to calendar@oan.org
by the 10th day of the month to be included in the next issue of Digger.
MARCH 1
ONF SCHOLARSHIP APPLICATIONS
Do you know any high school, college or
graduate students who are considering a
career as a nursery or landscape professional?
If so, March 1 is the last day to apply for one of
the 19 different Oregon Nurseries Foundation
scholarships. Awards ranging from $500 to
$1,500 are sponsored by individuals and OAN
chapters. For more information, log on to
www.oan.org/onf, or contact Stephanie
Weihrauch at 503-582-2001 or
sweihrach@oan.org.
MARCH 4–6
BIOCONTROLS USA CONFERENCE
AND EXPO
This conference focuses on helping growers
get the best results out of agricultural
biocontrols as part of integrated pest MARCH 31
management programs. Manufacturers NEW VARIETIES SHOWCASE SUBMISSIONS
and experts will share their techniques and Submissions are due for the 2020 New Varieties Showcase at the Farwest Show, coming in August.
inside knowledge to successfully incorporate Eligible plants must be new to the market for 2019 or 2020, have different attributes than plants
biologicals, as well as their experience currently on the market, and be in production and offered for sale by a 2020 Farwest Show exhibitor.
using biostimulants. Registered growers can Complete the form online at www.farwestshow.com/nvs. For more information, contact Zen Landis,
participate in a pre-conference tour, post- OAN event and education manager, at 503-582-2011, or zlandis@oan.org.
conference workshop, and meet and ask
questions of the leading suppliers during the
expo. To register, visit www.biocontrolsusa.com.
MARCH 31 APRIL 4
OAN members can receive 15 percent off the
OAN NURSERY GUIDE GARDENPALOOZA
full registration price by using a code that was
Listings are due for the 2020–21 OAN Nursery More than 45 local nurseries and garden art
emailed to them.
Guide. This 360-plus-page book is the gold vendors will showcase thousands of plants, tools
standard for finding the plants, products and outdoor décor at the Spring Gardenpalooza,
MARCH 6
and services you want to buy — and letting a one-day gardening event. Festivities will take
PLANT NERD NIGHT
people know what you want to sell. Only place 8 a.m.–4 p.m. Saturday, April 4 at Fir Point
Start your garden season off with Mike
OAN members may submit listings, and Farms in Aurora, Oregon. Admission is free. For
Darcy’s annual Plant Nerd Night, brought to
each member receives one free listing and a information about exhibiting, contact Jeff and
you through the support of The Hardy Plant
company profile. To submit listings, log on to Therese Gustin at 503-793-6804 or
Society of Oregon, as well as the Friends of
www.NurseryGuide.com. If you need your www.gardenpalooza.com.
the Rogerson Clematis Garden and the Salem
username, password or other assistance, call
Hardy Plant Society. Six regional specialty
503-682-5089 or email nurseryguide@oan. APRIL 11–12
nurseries and gardens will offer previews of
org. For display advertising, contact Blair HORTLANDIA
new or favorite plants, many of which will
Thompson, OAN advertising manager, at 503- The Hardy Plant Society of Oregon sponsors
also offered for sale at the event. Doors will
682-5089 or ads@oan.org. this annual plant and art sale at the Portland
open at 5:30 p.m. on March 6. Presentations
Expo Center, 2060 N. Marine Drive. Vendors
run 7–9 p.m. at Lake Bible Church, 4565
APRIL 4 from Canada to California will offer the latest
Carman Drive, Lake Oswego, Oregon. Visit
GARDEN GALA AT THE plant introductions alongside old favorites.
www.hardyplantsociety.org/plant-nerd-night
OREGON GARDEN Admission is free. For more information, log
for more information.
The second annual Garden Gala will be a fun on to www.hardyplantsociety.org
night celebrating the work that takes place at
MARCH 20
the Oregon Garden. The event will be from APRIL 25–26
NATIONAL AG DAY
4–9 p.m. in the Grand Hall of the J. Frank OREGON AG FEST
Classrooms and communities across the
Schmidt Jr. Pavilion at the Oregon Garden, Ag Fest is a family event that shows more
country will celebrate the contributions
879 W. Main Street, Silverton, Oregon. The than 20,000 visitors an appreciation of where
agricultural producers, associations,
evening social event will include a tram tour their food, fiber and flora come from. The two-
corporations, and government organizations
of the 80-acre botanical garden, as well as the day ag-stravaganza takes place at the Oregon
make on National Ag Day. The program
dinner and auction. Proceeds will support The State Fairgrounds (2330 17th St. N.E., Salem).
encourages every American to appreciate the
Oregon Garden Foundation, which provides The cost is $9 to enter. Children under the age
role agriculture plays in our everyday lives,
educational opportunities for gardeners of of 12 are free to attend. Parking is free. Log on
including its essential role in maintaining a
all skill levels and enhances the horticulture to www.oragfest.com to obtain a $2 discount
strong economy. For more information, please
collection of The Oregon Garden. Visit adult admission coupon and to download the
visit www.agday.org
www.oregongarden.org for ticket information. daily schedule of events.
8 M A RCH 2 02 0 D IG G E RM AGAZINE .CO M
Northwest News
OAN members and chapters are encouraged to send in relevant news items, such as new hires,
new products, acquisitions, honors received and past or upcoming events. Email news@oan.org.
Farwest Show opens
hotel registration
Lodging registration for
the 2020 Farwest Show is now
open. Farwest attendees and
exhibitors receive special dis-
counted rates at select Portland
hotels through Travel Portland
during the show, which will
be held August 26-28 at the
Oregon Convention Center,
Portland, Oregon.
Travel Portland is
Farwest’s ONLY housing coor-
dinator. All reservations must
be booked through Travel
Portland in order to secure the
discounted rates.
This year’s host hotels
are Courtyard by Marriott,
Doubletree Hotel, Embassy
Suites and the newly opened
Hyatt Regency. All are within
easy walking distance or The boxwood health workshop presented by Horticultural Research Institute, AmericanHort & OAN
light rail access to the Oregon brought in experts from across the country to discuss boxwood blight symptoms, best management
Convention Center. By booking practices, blight-resistant cultivars and more. PHOTO BY BILL GOLOSKI
your stay through Farwest’s
housing coordinator, you will
receive reduced room rates and
GROWERS LEARN BOXWOOD proactive decision to produce cultivars that are
free Wi-Fi. Those staying at
Doubletree or Embassy Suites BLIGHT MANAGEMENT TECHNIQUES more tolerant of the disease.
will also receive discounted A sold-out room of 50 green industry profes- Dr. Jim LaMondia, chief scientist at the
parking rates. sionals attended a boxwood health workshop, Connecticut Agricultural Experiment Station,
Be advised that Travel held Tuesday, February 4, at the Oregon State presented on blight resistant cultivars, as well as
Portland will NOT make out- the use of fungicide programs to manage blight. A
University North Willamette Research and
bound calls to solicit reserva-
tions for the Farwest Show. Do Extension Center (NWREC) in Aurora, Oregon. research-driven session explained the collaborative
not give credit card information Experts presented information on boxwood results of Karen Suslow’s and Dr. Chuan Hong’s
to anyone calling and claiming blight symptoms, best management practices to studies at the National Ornamental Research Site
to be a Farwest travel agent. prevent the spread of the disease, blight resistant at Dominican University CA, which explored the
Major airlines serve unique symptom developments that occurred in
boxwood varieties, current research, other pest/
Portland through Portland
International Airport (PDX). disease threats to boxwoods, and Oregon’s volun- arid Mediterranean climates.
Travel to and from the airport tary Boxwood Blight Cleanliness Program, among Judy Macias, assistant trade director
and around the city is conve- other subjects. with APHIS Plant Protection & Quarantine
nient and cost-effective using Dr. Jill Calabro of HRI and OAN Phytosanitary Issue Management, gave an over-
Portland MAX Light Rail and view of the box tree moth (Cydalima perspec-
Executive Director Jeff Stone opened the all-
the Portland Streetcar. Portland
is the largest metropolitan city day workshop and introduced the first speaker, talis), which poses a threat to U.S. markets. Dr.
at the heart of Oregon’s favor- Dr. Fulya Baysal-Gurel, research assistant pro- Jerry Weiland, USDA ARS, shared some tactics
able and moderate growing fessor from Tennessee State University. Her ses- for scouting for the disease and how to prevent
region — commonly known as sion discussed sanitation practices for boxwood spreading the pathogens.
Nursery Country. The city a Chris Brenemann, lead horticulturist for
production and how good hygiene can improve
destination location which is
famous for its accessible hiking a nursery’s products. the Oregon Department of Agriculture (ODA),
trails, public transit, excellent Other sessions covered a range of topics closed the day by sharing the value of join-
dining, microbrews, great coffee related to preventing an outbreak. ing the voluntary Boxwood Blight Cleanliness
and fine wines. Bennett Saunders of Saunders Brothers Program. The strength of the program relies
Hotel bookings can be on developing a good working relationship
Nursery (Piney River, Virginia), who grows
made through the Farwest
Show website at: farwestshow. boxwoods, explained the best management between a nursery and their ODA inspector to
com/hotel-travel/. practices his nursery deploys, as well as its prevent the spread of the disease.
DIGGER MAGA Z IN E.COM MA RC H 2 02 0 9
Northwest News
OAN MEMBERS VISIT
LEGISLATORS ON LOBBY DAY
Members of the OAN Government
Relations Committee spent some quality
face time with state legislators and officials
Monday, February 10 at the Oregon State
Capitol in Salem.
With the Legislature currently engaged
Broadacres North Farm Store in its February short session, OAN members
9400 St. Paul Highway, Aurora, OR 97002 20160 Main Street, St. Paul, OR 97137 had many topics they wanted to bring up.
503-633-4562 503-633-4281 They ranged from the carbon cap-and-trade
Home of the St. Paul Rodeo proposal, to the confusing implementation
of the corporate activity tax (CAT), and on
to pesticide policy, water supply planning,
employer mandates and much more.
The group visited with House Speaker
Tina Kotek (D-Portland), House Minority
Leader Christine Drazan (R-Canby), Chief
of Staff Nik Blosser, Oregon Department
of Agriculture Director Alexis Taylor, Rep.
Vikki Breese-Iverson (R-Powell Butte), Rep.
Shelly Boshart Davis (R-Albany), Sen. Lynn
Findley (R-Vale) and Rep. Daniel Bonham
(R-The Dalles).
OAN President Jim Simnitt and OAN
Government Relations Committee Chair
Our team has the knowledge and experience Kyle Fessler served as the faces of the asso-
to assist you in making sound decisions. ciation, but the discussions were free and
open, with some 10 members (plus staff)
www.marionag.com participating and all giving their input.
“Legislators are always stunned when
• Custom Blending • Nutrition Programs we have a dozen or so people squeezed into
• Dry Fertilizer • Pest Management their small offices,” Fessler said. “It shows
how passionate our members are and they
• Liquid Fertilizer • Testing & Analysis
can have a big impact on decision makers
• Organic Fertilizer • Seed Cleaning
at the capitol. I always encourage our mem-
• Lime & Dolomite • Sand Blasting bers to be edu-cated on how the legislative
Application • Paint Shop process works and to voice their concerns on
how legislation can impact their businesses.”
Marion Ag Service is proud to partner One of the benefits of OAN member-
with Harrell’s, LLC to bring you Polyon™
ship is regular updates on legislative matters
controlled release fertilizer
when the Oregon Legislature is in session.
Members have the opportunity to provide
input into the OAN’s political strategy, and
be apprised of developments at key points of
the process where their input can make the
greatest impact.
Get the longevity you pay for
WOMEN OF OFB HOST
RECEPTION FOR LEGISLATORS
The Oregon Farm Bureau (OFB)
10 M A RCH 2 02 0 D IG G E RM AGAZINE .CO MOAN Government Relations Committee
members pose for a group shot in the House
Gallery. From left, Josh Zielinski, Mike Hiller,
Jerry Simnitt, Josh Robinson, Leigh Geschwill,
Lorne Blackburn, Kyle Fessler, Matt Gold,
Chris Robinson and Jeff Stone. PHOTO BY CURT KIPP
in funding this year to a wide range of
research projects.
Funding has been granted to study
the public’s recognition of pollinator health
initiatives and to assess the impact of
HRI’s Grow Wise, Bee Smart and Oregon
Be Projects Bee Plant Picks program. Dr.
Women’s Advisory Council hosted a cake- preconceived notions of what she should be Andony Melathopoulos, assistant professor
and-coffee reception for lawmakers February and certainly was not slowed down by any and pollinator health extension specialist
3, to help kick off the 2020 Oregon barriers to success. I knew from watching at Oregon State University, will assess each
Legislative Short Session, according to a my mother that my gender would not be a pollinator health program, which has been
release from the bureau. disadvantage when I took over the nursery.” adopted and used in grower’s management
Angi Bailey, owner of Verna Jean Visit https://oregonfb.org/2020wacreception practices and crop selection processes.
Nursery (Portland, Oregon) and OFB first for more information. Dr. Bridget Behe, professor at Michigan
vice president, was available to share the State University and frequent Farwest Show
story of how women help produce all of the speaker, will study the decision-making
agricultural commodities the state provides. HRI AWARDS $345,800 FOR process consumers undergo when choosing
“My mom Verna Jean Hale started VARIOUS RESEARCH PROJECTS plants based on their features and benefits.
the nursery in 1967,” said Bailey. “She Horticultural Research Institute The results hope to discover which cues are
was a woman who worked in agriculture (HRI), the AmericanHort foundation, more effective on retail signs.
her entire life, who was not bound by any has announced it will award $345,800 For a complete list of approved
E HEART OF
TH
GROWN IN
THE
TTE
ILL AMEEY
W VALL
C
M
Y
CM
OUTSTANDING VALUE
MY
CY
EXPANDED
ORNAMENTAL OFFERINGS
CMY IMPECCABLE SERVICE
K
From Acers to Zelkova, and many varieties
in between, we specialize in understock for
flowering, fruiting and shade.
Our customers come to us for our quality
rootstock. They come back for our service
and attention-to-detail.
Canby, Oregon
WillametteNurseries.com
DIGGER MAGA Z IN E.COM MA RC H 2 02 0 11Northwest News
Quality Bark at
Wholesale Prices
Fir and Hemlock Bark • Sawdust projects, visit www.hriresearch.org. Ken
McVicker of Van Essen Nursery Co.
Compost • Hog Fuel • Fines (Lebanon, Oregon) is a member of the
Rock, Chips, Bark Rock HRI Executive Committee and Leigh
Geschwill of F & B Farms and Nursery
Marr Bros. Bark has been serving the area with quality (Woodburn, Oregon) serves on the HRI
Board of Trustees.
products and competitive pricing for over 30 years. And we
deliver anywhere in the Willamette Valley!
When you want the best ... USCIS UPDATES I-9 EMPLOY-
MENT ELIGIBILITY FORM
Marr Bros. is your only choice! Minor changes have been made to the
U.S. Citizenship and Immigration Services
(USCIS) Form I-9, Employment Eligibility
Call 503-838-1830 Verification, according to a release by
the agency. Employers may now use this
to schedule a delivery updated form. The prior version will be
unacceptable as of April 30. Download
Conveniently located at: the form at www.uscis.gov/i-9.
875 S. Pacific Hwy, Monmouth, Ore.
Announcements
ODA NURSERIES AND
GREENHOUSE PROGRAM
MANAGER RETIRES
After 20 years of overseeing the licens-
ing and inspection of nurseries and green-
houses across the state, Gary McAninch,
program manager at the Oregon Department
of Agriculture, has announced he’s retiring
effective June 30. According to a report by
the Capital Press agricultural newspaper
(Salem, Oregon), a search for his replace-
ment is underway.
McAninch has helped licensed nurser-
ies through everything from the 2008 Great
Recession and arrival of sudden oak death,
to the 400 percent increase in hemp produc-
tion made possible with the passing of the
2018 Farm Bill.
Jeff Stone, executive director of the
Oregon Association of Nurseries, praised
McAninch and the work of the ODA pro-
gram. “We don’t fear inspectors, because
we view them as a partner,” Stone told the
newspaper. “Gary has been my first stop on
anything that makes me nervous, sweat and
lose sleep at night.”
Visit tinyurl.com/w66vmb2 to read the
full article.
12 M A RCH 2 02 0 D IG G E RM AGAZINE .CO MPIVOT POINTS
Knowing customer
needs before they do
Y
OU’VE GOT A great location. the future, pay close attention to what
You’ve got massive inventory your customers are doing right now. And
lined up on nurs- remember, returning cus- Andy Peterson
ery benches. Perhaps, you tomers are gold-standard
Andy Peterson is a copywriter with
even have indoor lines sources of information
Pivot Group, a Portland-based marketing
of merchandise, such as because they’re living rep-
and customer experience (CX) agency
home décor and clothing. resentatives of what you’ve
that helps clients engage their customers
As far as you can tell, been doing right.
through research, marketing and training.
you’ve got everything a Collect feedback.
good nursery or garden Use every tool available
center should have. to record customer experi- — from putting out the proper message
So, why aren’t people ence, such as satisfaction to draw people into your garden center or
buying anything? cards, email surveys, online soliciting direct information that tells you
Accurately anticipat- forums, and phone con- exactly what they’ll be looking to plant in
ing your customers’ needs versations. Be open to all the upcoming season.
can sometimes seem like communication. Use every Other considerations that will con-
mind-reading magic, but here are some opportunity to communicate with your cus- vince your customers they’ve come to the
practical steps you can take to impress tomers (and potential customers) and pay right place:
your customers by knowing exactly what close attention to their responses. Whether Give deep thought to who your
they want before they do: they realize it or not, they’ll often let you best customers really are. Are you
Understand what brings a know exactly what you can do to bring truly meeting their needs or are you try-
customer in. Maybe you’re running a them back. ing to sell to a generic gardener? Maybe
special sale — or the merchandise you’re Use social media. Having a good it’s time to challenge some stereotypes. If
selling is unique or of a higher quality presence on social media platforms, such you’re only focused on older homeown-
than anywhere else. Perhaps you have a as Facebook and Twitter, allows customers ers, you might be missing out on younger
great reputation for providing the best to stay up to date on what’s happening in apartment-dwelling plant enthusiasts.
customer experience. The actions you take your store — and to respond. Social media Customers like to see themselves reflected
and the choices you make have a strong lets them tell you directly what they like, in your business when they enter your
influence on what brings people in — and what they want, and what will bring them store, whatever their age or ethnicity.
the better you understand the reason in the store. Many won’t connect what they At the same time, remember:
they’re there, the better prepared you’ll be said online with what you’ve provided You can’t be everything to every-
to meet their expectations. onsite and they’ll be stunned that you’ve one. Therefore, make intention-based deci-
Analyze your sales data. If you’ve somehow read their minds. sions about the products you carry. Some
been open for at least a year, your sales his- Stay up to date on current retail shops go down the road of being a
tory can be an enormous asset in helping trends. Seizing the moment when a new quasi-gift shop, which can take up a lot of
you determine your best-selling products gardening trend appears can be fun, excit- real estate and distract from the products
for each quarter. What items were your ing, and financially rewarding. Great they have that have a better margin.
best sellers last spring and summer? Now sources for keeping current on hot new There are many ways to determine the
would be a good time to make sure you’ve trends include consumer magazines, online needs of your customers. When you pay
got all you need for the upcoming months. forums, and popular gardening websites. attention to the information they provide
Focusing on what has sold well in the But keep in mind that what’s hot now will and plan appropriately, the impact can be
past can be a good clue to managing your almost always cool down eventually as cur- enormous. Customers feel as if you’re read-
IMAGE: FREEPIK.COM
inventory going forward. rent trends become passing fancies. ing their minds because the choices you
Study the needs and behavior In case you haven’t noticed, good make are relevant to them, which builds
of current customers. To help you understanding of your customers is trust and comfort, key components of the
predict what they’ll be looking for in strongly reliant upon good communication modern customer relationship.
DIGGER MAGA Z IN E.COM MA RC H 2 02 0 13Quercus × undulata ‘Mesa de Maya’ PHOTO COURTESY OF HERITAGE SEEDLINGS & LINERS INC.
The next genera(tion)
Breeders diligently pursue what they hope will strike
the market’s fancy and become a hot seller
BY KYM POKORNY
W
HEN THE PERENNIAL and the market isn’t ready. 10 years ago, because they won’t look like an oak in
craze hit the Northwest 40 if you had introduced the coolest new his lifetime. Market research suggests that
years ago, some breeders were houseplant, people would have laughed at unless they look like an oak, customers
front and center with plants to satisfy the you. They wouldn’t be laughing now with will walk right by.
gardeners who couldn’t wait to create an the houseplant rerun.” That’s not stopping him from develop-
English garden in their backyard. Trends can be fleeting. Sometimes, ing those that he believes will have an audi-
The passion for blowsy borders has they don’t last long enough to get a new ence that opens their wallets. Heritage has
faded, but the desire for perennials hasn’t plant on the truck and down the driveway. been working with oak expert Allan Taylor
abated. The palette continues to grow at Are houseplants here to stay? Will suc- in Boulder, Colo., to bring out the best.
a swift — some think too swift — rate. culents continue to take up precious shelf “He’s got 50 to 60 selections over the years.
Other trends, including layered borders space at garden centers? They certainly will We have the production facility and he has
populated with a mix of perennials, for a while, but then what? That’s when the knowledge. I have the feeling these will
shrubs, trees, vines and bulbs, offer wide- instinct, research and open ears come into be really popular if we do our job right.”
ranging opportunities. play. Or, maybe it’s just lust. Already oaks are catching on, show-
But how do breeders know where to “There are breeders who focus on a ing promise for the future.
turn their concentration in an industry certain genus because they have had a pas- Quercus × undulata ‘Mesa de Maya’
that can take a decade or more to go from sion about that genus since they were born,” (above), part of Heritage’s Southwest Oak
R&D to market? van Rijssen said. “But it is important to con- line that came from Taylor’s selections,
When breeders decide to start a new sider carefully what you want to target.” was judged Best in Show at the 2017
program, most don’t sit down with staff Farwest Show New Varieties Showcase, an
and discuss what will be hot in 10 or 20 The oaks of tomorrow honor Krautmann said wouldn’t have hap-
years. Not that plant planning is a seat-of- Mark Krautmann, co-owner with pened if the plant didn’t speak to people.
the-pants exercise, but the people in charge his wife, Jolly, of Heritage Seedlings & ‘Mesa de Maya’, an oak he calls “ach-
admit it’s often a hunch based on deeply Liners Inc., sells more Japanese maple ingly beautiful,” takes a stance of about 20
rooted knowledge of the industry and the seedlings than anyone else in the world, to 25 feet with a width to match. This strik-
plants they’ve gambled on in the past. but his most recent passion is oaks. ing tree with blue-gray foliage grows in high
“Nobody can predict if a new plant “It’s a very scientific process,” he pH, salty soils and 120 degrees in Southwest
is going to be a superstar,” said Peter said, smiling. “It’s better to make the deci- summers. Though drought-tolerant, ‘Mesa
van Rijssen, owner of Concept Plants, an sion after one beer instead of two.” de Maya’ handles irrigation, too, making it
independent company that represents 150 It was over beers that Krautmann an easy choice for urban lots.
breeders. “But as long as you know that it would discuss oaks with Sean Hogan, Native and hybrid oaks are on the
is, you need to share it with the world. ” owner of Cistus Nursery LLC and another table at J. Frank Schmidt & Son Co., as
That can be a risk, said Dan Heims, oak fanatic. “I still get goose bumps. well. They’ve introduced nine so far, includ-
founder and co-owner of Terra Nova They’re totally addictive and exciting.” ing Crimson Spire™ and the new columnar
Nurseries Inc. In all seriousness, though, he said standouts Skinny Genes®, Streetspire® and
“Sometimes you lose your pants,” he he wouldn’t grow oaks just because he Beacon®. All are great fits for city streets,
said. “You can have a really good variety loves them. Some he doesn’t think will sell especially for parking strips.
14 M A RCH 2 02 0 D IG G E RM AGAZINE .CO MFirestarter® Tupelo (Nyssa sylvatica ‘JFS-red’ USPP 26795)
PHOTO COURTESY OF J. FRANK SCHMIDT & SON CO.
Echinacea PUFF® Vanilla PHOTO COURTESY OF TERRA NOVA NURSERIES INC.
Perennial superstars it’s the hottest thing in the whole world
Though the Heuchera genus is what and sells for $650. At three o'clock, it’s
Terra Nova was known for early on, it still really cool, but the price comes down
was begonias that tickled Heims’ first and the profit is not as high. At six, inter-
interest in plants 40 years ago. Returning est wanes, you have a huge surplus in
to his first love, he and his band of breed- the greenhouse and start dumping them.
ers brought forth a wide-ranging collec- At nine, they’re gone. At 10, people say,
tion, 29 of which are now in the catalog ‘Whoa, what’s that’ and then it gets super
and selling strongly. popular again.”
Another genus Terra Nova can take The timing can be 20 years, or even
credit for improving is Coleus, once a 60, he said. Just think of dahlias, which
dusty, leggy group of houseplants that’s were the “it” plant of the ’60s. Then the
turned a breeding corner in dramatic fash- market collapsed. Tissue culture gave
ion. What were muddled colors are now them a shot in the arm and now they are
saturated and brilliant. going strong.
No longer leggy, the Coleus bred
by Chuck Pavlich, director of new plant Shrubs that shine
development for the nursery, doesn’t even If one genus wins Most Popular, it
have to be pinched back. They fill a pot has to be Hydrangea. “It’s a great success
rapidly, don’t drop their leaves and resist story,” said David Roberts, general man-
diseases like powdery mildew. ager of Bailey Innovations. “They have
Echinacea may be the biggest peren- sailed into the stratosphere.”
nial star of the last decade and its popu- Always a popular garden plant,
larity shows no signs of slowing. There are hydrangeas really hit their stride after
yellows and oranges and reds and white plant breeder Michael Dirr, professor
and doubles now. Some are fragrant. emeritus at the University of Georgia,
Customers love them. But you never know found the first reblooming plant growing
what the future will bring. randomly in Bailey’s fields. From there
“It’s like a botanical clock,” Heims came the ubiquitous Endless Summer® line
said. “At noon, everybody wants one; of hydrangeas, an improvement that
DIGGER MAGA Z IN E.COM MA RC H 2 02 0 15The next genera(tion)
Echinacea ‘Tiki Torch’
PHOTO COURTESY OF TERRA NOVA NURSERIES INC.
for city life, including fastigiate trees that
leave sidewalks and driveways straight
and smooth.
“We’re working with over 30 different
genera at one time,” Meacham said. “We’re
Vitex agnus-castus PHOTO COURTESY OF BAILEY
really not that strategic. When we have
something good, we introduce it.”
moved hydrangea from grandma’s go-to drought and heat tolerance. On the other Schmidt’s latest success story is
plant into the slot of best-selling plant in hand, it also endures water-logged soils. Redpointe® Maple (Acer rubrum ‘Frank
the country. “Pollinators flock to it,” Roberts said. Jr.’ USPP 16769). It’s a runaway hit since
Hydrangeas, a star of the past and “It’s very compact, has a wide window of its introduction in 2006 because it checks
present, is almost a sure bet to be a star bloom, long panicles of blue flowers and all the boxes for a great maple: pyramidal
of the future, as well. Bailey bought Dirr’s fragrant leaves. I’d like to see some love shape, dark green foliage and intense red
breeding company and plans to continue for it.” fall color, more tolerant of high pH, fast
breeding reblooming hydrangeas. With 35 He thinks that’s completely possible growing with a uniform growth habit that
acres for R&D in Athens, Georgia, Roberts with the breeding Bailey is doing to find a makes it easier for nurseries to grow.
said the company has the room to bring shrub form that constantly reblooms. With a goal of offering native trees
new reblooming varieties to market that are that perform well in urban settings,
improved in some way: disease resistance, Word on the streets Schmidt is developing and introducing
stronger stems, more compact plants. Though it might appear that someone cultivars of native trees such as American
Two other genera Roberts looks to at J. Frank Schmidt & Son Co. has a crystal Hophornbeam (Ostrya virginiana),
for a potential Cinderella story are Vitex ball, the process of developing successful new redbud (Cercis canadensis), American
and Distylium. He likes to call Distylium trees is more practical than magical. Guy Hornbeam (Carpinus caroliniana) and
“the best plant you never heard of” Meacham, new plant development manager, Black Tupelo (Nyssa sylvatica). Not
and sees it as a potential replacement explains that selecting nursery-worthy trees only do they fulfill the public’s desire
for blight-infected boxwood, a feat any that have the best sales potential is a top for natives, they also support the native
breeder would want to accomplish. It’s priority when the company sets out to select pollinators and birds people want to save.
evergreen, imminently clippable, tough improved cultivars from a promising genus. Native Nyssa sylvatica has gotten
and disease resistant. “Distylium will get Led by Meacham’s predecessor, considerable attention from Schmidt, where
popular,” Roberts promised. Keith Warren, Schmidt’s saw the need for breeding is focused on its potential as a
The best-known of the Vitex genus is improved cultivars of street trees years street tree. According to Nancy Buley,
V. agnus-castus, a small tree with extreme ago and started developing trees tailored the nursery’s communications director,
their improved cultivars of Nyssa have
it all: a strong central leader, upright
branches with open angles, hardiness and
dependably brilliant red fall color. These
include Afterburner® (N.s. ‘David Odom’),
Firestarter® (N.s. ‘JFS-red’ USPP 26795),
Gum Drop® (N.s. ‘JFS-PN Legacy1’), and
Red Rage® (N.s. ‘Haymanred’). Green
Gable® (N.s. ‘NSUHH’ USPP 22951), a
handsome new introduction of Athena
Trees, Inc., is also offered by Schmidt.
Others to watch
Heritage agrees natives should be part
of any breeding program. Krautmann espe-
16 M A RCH 2 02 0 D IG G E RM
R M AGAZINE
AGAZINE.CO
.CO M× Gordlinia PHOTO COURTESY OF HERITAGE
SEEDLINGS & LINERS INC.
cially gives a nod to inter-generic hybrids
like × Gordlinia (Gordonia × Franklinia)
and inter-specific hybrids such as Rutger’s Redpointe® red maple (Acer rubrum ‘Frank Jr.’ USPP 16769)
PHOTO COURTESY OF J. FRANK SCHMIDT & SON CO.
Cornus florida × C. kousa varieties.
But for Krautmann, the plant to watch
is magnolia, a plant he has almost the same
affection for as oaks. As with so many asked where she found that tree. ‘From you started out in his hands, it’s all about luck.
selections, a possible future magnolia came guys,’ she said.’ What are the odds of that?” But, luck or not, you have to know what
about completely serendipitously. It all Exceedingly low. But it happened. to look for and what to do with it after
started when Krautmann donated a seed- That’s the world of breeders and those you find it. And it’s a slow process.
ling to a school auction. At two years and who have an observant eye for truly dis- “When we start breeding a product
two feet tall, the tree was easy to overlook. tinctive, market-worthy plants. we don’t know if you cross x with y that
Now, it’s a one-in-a-million specimen. Sometimes, like when Dirr found you’ll get w,” Meacham said. “If you
“We went to visit the owner when a reblooming hydrangea or Krautmann cross enough times, you might get w. That
she was in hospice,” Krautmann said. “We slapped his forehead over a keeper that takes a long time.”
UL 142 Fuel Tanks H9 Tree Digger Dripline Hose Reel
Meets all OSHA
safety requirements
Comfort Station Greenhouses & Supplies 3W6 Wet/Dry Buggy
10590 Donald Road NE Donald Oregon 97020 503-678-5525
WWW.GKMACHINE.COM
DIGGER MAGA Z IN E.COM MA RC H 2 02 0 17The next genera(tion)
Back in the perennial world, van Rijssen
gives a nod to Delosperma as a popular
plant of the future. Concept Plants first
introduced ‘Jewel of the Desert’ and ‘Wheels
of Wonder’ and breeding continues for more
of these superstar plants.
“I think that is the next petunia,” he
said. “They are so easy and perfect for gar- Sedum ‘Atlantis’ PHOTO COURTESY OF CONCEPT PLANTS
deners and non-gardeners. It has constant
impact all summer long without any mainte-
nance. They’re waterwise with a high impact Achieving the impossible Baskin-Robbins still having the same 31
of color.” Why do breeders get so much joy flavors after 30 years,” Krautmann said.
Already popular Sedum is sure to draw from their careers? As van Rijssen said, “They wouldn’t be around anymore.”
even more attention as breeding continues, “We love to introduce game-changing
van Rijssen said. Proving his point is Sedum varieties where the trade will think, ‘How Kym Pokorny is a garden writer with more
‘Atlantis’, which took home Plant of the is that possible.’ How cool is that?” than 20 years of experience writing for
Year from the Royal Horticulture Society’s It’s about giving the public something The Oregonian (Portland, Oregon) and
Chelsea Flower Show for 2019. It’s no won- new, something they didn’t know they had other publications. She is currently a com-
der. The low-care, drought-tolerant, pollina- to have until they saw it. munications specialist with Oregon State
tor magnet has unusual green foliage with “If you don’t have something to cap- University Extension Service. Kym can be
light creamy margins and yellow flowers. ture people’s imagination it will be like reached at kym.pokorny@oregonstate.edu.
WHOLESALE GROWERS OF
Fruit, Flowering & Shade Trees
Deciduous Shrubs
Espalier Apple & Pear
Combination Fruit Trees
Dwarf Fruit Cherries on Gisela™
Frost Peach®
Mt. Vernon, WA
(360) 848-5151 Fax (360) 848-5959
biringernursery@msn.com
www.biringernursery.com
18 M A RCH 2 02 0 D IG G E RM AGAZINE .CO MLEGAL ACCESS
Protections for your selections
Breeders and growers looking to protect their work
have several available options
T
HERE ARE A multitude of options a license from the patent owner without
for intellectual property (IP) pro- risking a claim of infringement.
tection for plants and plant-based In the case of patents for plant cul- Susan Ford
inventions in the United States. A well- tivars, the application process normally
Susan Ford is an intellectual property
honed IP strategy can result in innovation includes the collection of data on the
attorney and business litigator at
and growth for just about any nursery new plant, comparing that data to clos-
Jordan Ramis PC. Contact her at
stock producer, retailer, landscaper and est known varieties, preparing and filing
susan.ford@jordanramis.com
related companies serving the nursery and the application with the U.S. Patent and
or 503-598-7070.
greenhouse industry. Trademark Office (USPTO), and in many
The primary sources of IP protection cases making a seed deposit), and making
for crop plants in the U.S. are as follows. any required assignments and disclosure apply to asexually reproduced plants
of known prior art to the USPTO. except for edible tubers (i.e., buds and
Utility patents cuttings), whereas utility plants apply to
One source of protection for plants Plant patents sexually reproducing plants (flowers and
in the United States is the utility patent. Plant patents are unique to the United seeds) and genetically engineered plants.
It can protect plants, plant parts (seeds, States and are designed to encourage Plant patents have only one claim,
pollen, fruit, and flowers), physical traits, research and investment in new, asexually whereas utility patents have multiple
new inbreds, first-generation hybrids, produced varieties. A U.S. plant patent claims, averaging 10-60. Therefore, plant
proteins, genes (with certain exceptions), grants protection to “whoever patents are significantly less
microorganisms, transformed cells, chemi- invents or discovers and asexu- expensive due to their relative
cals, and methods of developing any of ally reproduces any distinct simplicity compared to utility
the above.1 and new variety of plant, patents, and typically require
The requirements for a utility patent including cultivated sports, fewer responses to “office
include novelty, utility and non-obvious- mutants, hybrids, and new actions” from the USPTO
ness. In order to be novel, the invention found seedlings, other prior to issuance.
must not have already been patented, nor than a tuber propogated However, util-
should it be described in any printed pub- plant or a plant found in ity patents offer much
lication, in public use, on sale or otherwise an uncultivated state.3 broader protection than
available to the public before the effective The requirements for plant patents since they
filing date of the invention, although there a plant patent are similar can cover, among other
is a one year grace period for the inven- to those for a utility pat- things, trait claims,
tor’s own disclosures and disclosures of ent (novelty, utility and breeding methods, and
information by others that was obtained non-obviousness) and the food product claims.5
directly from the inventor (and without a term is the same — it’s Furthermore, and impor-
non-disclosure agreement in place).2 good for 20 years following tantly, there is no research
An issued patent grants the inven- the application filing date. The exception for utility patented
tor or their assignee the exclusive right plant patent is available for varieties, unlike for plant
to make or use the invention for 20 years asexually reproduced plants patents, and a utility pat-
following the effective filing date of the only, some examples of which ent holder can prevent other
patent application. The patent holder can are strawberry, blueberry, rasp- breeders from using a patented
exclude others from making, using, selling berry, other fruits, grapevines, grasses, variety in breeding during the term
or commercializing the plant in the United potted plants and cut-flower plants.4 of the patent.6
States for that 20 year period.
In other words, no one can use the Knowing the difference Plant variety protection
patented plant in any crosses or for any What is the difference between plant The U.S. Plant Variety Protection
experimentation without first obtaining patents and utility patents? Plant patents Act is another source of intellectual
DIGGER MAGA Z IN E.COM MA RC H 2 02 0 19LEGAL ACCESS
property protection for plants. However, in certain regions of the country, is that works, such as books, movies, pictures,
unlike utility and plant patents, which are the federal registration provides nation- sculptures, music, and computer pro-
granted by the USPTO, the plant vari- wide rights to exclude others from using grams. More applicable to nursery stock
ety program is administered by the U.S. the same or similar mark in the same or producers and associated businesses, copy-
Department of Agriculture (USDA). a related class of goods and services. In right protection applies to instructional
Similarly to patents, the require- order to have the best chance of obtain- materials, designs, online writing such as
ments for plant variety protection include ing a federal registration, the trademark blogs and articles, as well as maps and
novelty, but they also require uniformity, – whether it be for a word, phrase, slogan graphics. Whoever owns the copyright to
stability, and distinctiveness.7 Similar to or logo –should be unusual and distinc- a work is allowed to distribute, display,
patents, the plant variety certificate has tive, not merely descriptive or generic. reproduce, perform, or use the work to
a term of 20 years from issuance in most An application for a plant variety create derivative works.
cases8. The U.S. PVP certificate certifies name as a trademark will result in a rejec- Copyright arises upon creation, i.e.,
“that the breeder has the right, during tion of the application because the varietal once the idea of the creative work has been
the term of the PVP, to exclude others name is descriptive or generic as it identi- reduced to tangible form. Under current
from selling the variety, or offering it for fies a specific plant cultivar. Likewise, use law, copyrights last for the life of the author
sale, or reproducing it, or importing it, of geographic regions in connection with plus 70 years for individual works and for
or exporting it, or using it in producing a other common terms (i.e., Valencia orang- 95 years from first publication for corporate
hybrid or different variety therefrom, to es or Northwest marionberries) is likely to works (i.e., works “made for hire”).
the extent provided by this Act.” be rejected by the trademark examiner as Like a trademark, there is no require-
However, unlike utility patents, the geographically descriptive. ment that you register a copyright with the
U.S. PVR has a research exemption that federal government in order to enjoy the
allows for bona fide research without Trade secrets legal right to its protection. However, with-
risk of infringement, as well as a saved Trade secrets protection is also avail- out registering, you do not have the right
seed exemption that allows farmers to able in the United States for plants, both to sue another for infringing on your copy-
save seed from protected varieties and to at the state and federal levels. right, nor do you have the right to recover
use them in the production of a crop with- Trade secrets are broadly defined at statutory damages or attorneys’ fees from
out infringement.9 the federal level as “all forms and types those that infringe prior to your registra-
of financial, business, scientific, technical, tion date. Instead, only an award of actual
What about trademarks? economic, or engineering information, damages (which are hard to prove) and
Trademarks are another source of including patterns, plans, compilations, profits earned by the infringer are available
intellectual property protection for plants. program devices, formulas, designs, pro- to you as the copyright owner.
Trademarks represent a connection in the totypes, methods, techniques, processes,
minds of consumers between the source of procedures, programs, or codes, whether Contracts
a good or service (plants) and its producer tangible or intangible, and whether or Finally, intellectual property and con-
(nursery, farm, etc.). how stored, compiled, or memorialized tracts go hand in hand. Licenses, assign-
Unlike a varietal name that identifies physically, electronically, graphically, pho- ments, co-existence agreements, consent
the specific plant for all plants of a specif- tographically, or in writing.”11 agreements, sale agreements, non-compete
ic variety, trademarks act as brand names There is no registration or certifica- and non-solicitation agreements and
and can be used for numerous plants tion process available, as with patents, employee/contractor intellectual property
to indicate the source of an entire series PVRs and trademarks. Rather, trade secret agreements are some of the most common
of plants.10 Examples include Endless protection is only available under state forms of contracts that apply to intellec-
Summer® (for hydrangeas), Bushel and and federal law when the owner has taken tual property in agriculture, as in other
Berry® (formerly Brazelberries®, for berry reasonable measures to keep such infor- industries. Confidentiality, non-disclosure
shrubs), and Knock Out® (for roses). mation secret and the information derives and non-use agreements are also impor-
Unlike patents and PVPs, trademarks independent economic value, actual or tant, particularly in the realm of patent
can be protected indefinitely, so long as potential, from not being generally known and trade secret law.
they are exclusively and continuously used to or readily ascertainable by another per-
by their owner in connection with the sale son who can obtain economic value from Conclusion
of goods and services. the disclosure or use of the information.12 There are multiple ways to the protect
One benefit of obtaining a federal intellectual property associated with crop
trademark registration rather than simply Copyrights plants in the U.S., and intellectual prop-
relying on common law rights developed Copyrights protect artistic or creative erty is an important asset for most busi-
20 M A RCH 2 02 0 D IG G E RM AGAZINE .CO MYou can also read
