Liberty & Trait Agreement

What is the Liberty & Trait Agreement?

The Liberty & Trait Agreement (LTA) is a contract between Bayer CropScience Inc. (Bayer) and its customer that governs the possession and use of certain innovative traits and technologies like LibertyLink® canola seed, LibertyLink® soybean seed and Liberty® herbicide.

The LTA is now being amended to enable Growers to participate in future innovations like InVigor® Choice hybrid canola that contains LibertyLink® and Genuity® Roundup Ready® trait technologies (please see Liberty & Trait Agreement Update below for details).

How does the Liberty & Trait Agreement work?

All Growers must sign the LTA prior to their 1st purchase of these innovative traits and technologies. Growers should contact their local retail for further details.

The LTA remains valid from the date of sign-up until the Grower or Bayer terminates the LTA.

What are Growers agreeing to when signing the Liberty & Trait Agreement?

Growers signing the LTA agree to use these products in accordance with certain terms and conditions.  For example:

  • Seed can only be used by the Grower to plant a commercial crop in Canada and the harvest from that crop can only be sold into a commercial grain system
  • Growers are not permitted to plant or grow a crop from the harvested grain, nor use the crop, grain or these products for breeding or research
  • Liberty herbicide can only be used on permitted or authorized crops

Growers signing the LTA also consent to the use of transactional information to assist in the administration and enforcement of the LTA which includes procedures for monitoring and safeguarding Bayer’s innovative technology, such as audit rights.

Liberty & Trait Agreement Update

Bayer is amending the LTA. We are providing a summary of the most important amendments below, for your convenience only. All amendments to the LTA will be effective for all parties to the LTA on October 31, 2016. 

A paraphrased summary of certain important amendments is provided below. View a sample of the updated LTA; contact your retailer for access to a valid LTA.

Use Conditions and Bayer Licensed Seed

The Use Conditions of the LTA have been amended to require that a Grower also sign a Licensor Grower Agreement when the Grower buys and/or uses Bayer Licensed Seed.  Bayer Licensed Seed is Bayer Seed that contains a Trait from a third party Licensor.

This amendment enables Growers to use innovative traits and technologies like InVigor® Choice hybrid canola that contains LibertyLink® and Genuity® Roundup Ready® trait technologies.

Bayer Seed is a new term under the LTA for Bayer proprietary canola and soybean seed and includes Bayer Licensed Seed.

Patents

The term Patents has been amended to reflect Bayer owned or certain licensed in patents under which a license is required from Bayer for the Grower’s performance under the LTA.  Because of the introduction of Bayer Licensed Seed, the term Licensor Patents has been introduced to reflect Licensor owned or certain licensed in patents under which a license is required from Licensor for the Grower’s performance under the LTA and the Licensor Grower License.

Grower and Partner Information

Because of the introduction of Bayer Licensed Seed, Licensors as Bayer Agents for the purposes of the LTA, also have the right to access to Grower and Partner Information and conduct Grower Audits.

Warranties

Bayer’s exclusive warranties to the Grower have been expanded because of the introduction of Bayer Licensed Seed.  Bayer Licensed Seed includes Bayer Licensed HT Seed which is seed containing a Trait from a Licensor conferring tolerance to an Alternative System Herbicide.  Bayer warrants in the LTA that Bayer Licensed HT Seed will be tolerant to the Alternative System Herbicide registered for use on the Bayer Licensed HT Seed when applied in accordance with the label of the Alternative System Herbicide.

Business to Business Relationship

The LTA confirms that the nature of the relationship between Bayer and the Grower is a business to business relationship and that Canadian federal anti-spam legislation known as “CASL” is not applicable to communications between the Grower and Bayer.

Amendments and Notices

Notices under the LTA shall be given in writing and provided by delivery, mail, fax or email to Bayer and the Grower using contact information set out on the signature page or to such other address as may be designated from time to time by notice in writing.

Stewardship and Export Control

Stewardship Communications regarding stewardship practices that the Grower shall consider or implement can be communicated by any mode or media including on websites or social media sites operated by Bayer and do not need to be communicated through the notice provisions of the LTA or under the formal amendment provisions of the LTA.

Export responsibilities of the Grower are identified including:

  • Not moving Products containing biotechnology traits across boundaries into nations where import of such Products is not permitted; and
  • Complying with US Export Control Laws, subject to any Canadian laws preventing such compliance

Canada, like the USA and other countries, has export controls and economic sanctions laws that govern export activity by persons in Canada and Canadians outside Canada. Export controls apply to certain goods and related technology, e.g. military and strategic goods, nuclear and dual-use nuclear goods, and certain chemical and biological goods. Economic sanctions prohibit engaging in certain activity with specific countries, organizations and individuals. In general, Canadian economic sanctions may include measures such as arms embargos, asset freezes, export/import restrictions, financial assistance prohibitions and technical assistance prohibitions (Canadian Export Control and Sanctions Laws).  Like all Canadian operations, Bayer, Canadian farms and farmers need to comply with Canadian law including Canadian Export Control and Sanctions Laws. 

The amended LTA advises Growers of the need to also comply with export control laws of the United States of America (US Export Control Laws), subject to any Canadian laws preventing such compliance.  Compliance with US Export Control Laws is necessary because LibertyLink

Seed and/or Traits may be licensed from or provided by Bayer’s Affiliate Bayer CropScience LP and subject to US Export Control Laws.

Canadian Export Control and Sanctions Laws and US Export Control Laws (Export Control Laws) often impose forms of sanctions against the same nations, organizations and individuals.  For example both Canada and the United States of America presently impose forms of sanctions on Iran, Sudan, Syria, the Crimea Region of the Ukraine, Russia, and North Korea.

Bayer understands that virtually all harvested canola seed in Canada is presently sold by Canadian farmers to Canadian or US processing or export companies located in Canada or the U.S.  In general, this means these Canadian farmers will inherently be in compliance with Export Control Laws.  Alerting Growers to US Export Control Law requirements, however, allows Growers to understand the full scope of stewardship obligations. 

For resource and export controls information under Global Affairs Canada see the following link:

http://www.international.gc.ca/controls-controles/index.aspx?lang=eng

For resource and sanctions information under Global Affairs Canada see the following link: http://www.international.gc.ca/sanctions/index.aspx?lang=eng

For a list of “Parties of Concern” under the U.S. Commerce Department's Bureau of Industry and Security see the following link:
http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern

For resource and sanctions information under the U.S. Treasury Department's Office of Foreign Asset Controls see the following link:
https://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx

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