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Ohio State University Extension


C.O.R.N. Newsletter 2009-01

Dates Covered: 
January 6, 2009 - January 21, 2009
Greg LaBarge

Understand the Seed Laws If You Saved 2008 Grain for Seeding in 2009

Authors: Jim Beuerlein

Saving soybean grain harvested in 2008 for use as seed in 2009 is unlawful except for a very few varieties, most of which are old and lower yielding than the more modern varieties. The Federal Seed Laws and Utility Patents prohibit saving the grain of varieties they protect. The seed of most soybean varieties currently on the market is protected by either the Federal Seed Laws or Utility patents. Following is a description of soybean variety protection laws.

The principal incentive for the development of new varieties is being granted the genetic developers for the exclusive right to reap the financial rewards of that effort for a number of years. There are two types of protection by which variety developers can protect their varieties from misuse and profit from the development of a new variety. These methods of protection are the certificate of plant variety protection granted under the Plant Variety Protection Act (PVPA) and by a Utility Patent.

The Plant Variety Protection Act:
This act was developed to promote the development of new varieties. It allows plant breeders to determine who can sell seed of their new variety, which allows them to recoup the funds expended in develop. This system provides farmers with a continuous stream of improved varieties with increased yield potential and resistance to insects and diseases, and improved adaptation to various growing environments.

The Amended Plant Variety Protection Act became effective April 4, 1995, and covers most crops except hybrid corn, and prohibited the following four activities without the authority of the varieties’ owner:
a) Selling or offering a protected variety for sale.
b) Sexually multiplying the variety as a step to marketing it for seeding purposes.
c) Using seed marked or labeled "propagation prohibited” to grow the variety.
d) Dispensing the variety to another person without telling that person the variety is protected.

Seed protected under this law must be sold by its’ variety name (except for turf, forage crops, alfalfa and clover). A producer who has obtained the seed with the authority of the owner may use the seed for growing a crop and save the seed that results from that crop for his/her personal use. He/she may not sell this reproduced seed to a second producer.

Title V: This option of variety protection allows for the sale of seed by variety name only as a class of certified seed. Non-certified sales are prohibited. Seed may be called “Certified” only after meeting all the requirements and standards of an Official Seed Certifying Agency, which in Ohio is the Ohio Seed Improvement Association.

Utility Patents
Utility patents are a means of protection for varieties with special characteristics, especially those developed through genetic engineering. Examples include Roundup Ready and Glyphosate Tolerant varieties and hybrids, Liberty Link varieties and hybrids, Yield Guard Plus, Hercurlex, Clearfield Hybrids, etc.

Table 1. Shows what activities are permitted and prohibited by farmers and seed conditioners under the different seed protection laws.

Table 1: Seed Protection: Rights and Responsibilities.
Allowed to save seed Yes* Yes* No
Condition varieties for farmers Yes* Yes* No
Store seed for farmers Yes* Yes* No
Clean or stock as step in marketing variety No No No
Deliver or load seed to a third party No No No
Advertise farmer saved seed No No No
Sell or act as broker for farmer saved seed No No No

*Limited to the amount of seed needed to plant a farmer’s own holdings (land owned, leased or rented).


Developing Soybean Aphid Resistant Varieties- An Ohio Progress Report

Authors: Bruce Eisley, Andy Michel, Rouf Mian, Ron Hammond

With a new year upon us, we thought it important to inform growers on recent happenings in the effort to develop soybean cultivars with resistance to the soybean aphid. A few years ago, a gene was identified by the University of Illinois that provided resistance to the aphid, known as the Rag1 gene. However, researchers in Ohio found that soybean breeding lines with this gene were still susceptible to aphids in our state. It was determined that the soybean aphid in Ohio was different than the one in Illinois and the Ohio aphid, or biotype, can overcome resistance to the Rag1 gene. A biotype is a group of organisms that share a specific genetic constitution. Some insect species are capable of developing new biotypes over a short period of time, and this is especially true for aphids.

Work by the USDA and OARDC soybean aphid group at OSU found a soybean line that is resistant to soybean aphid in Ohio. The plant introduction, PI 243540, contains a gene, named the Rag2 gene, which allows the plant to resist soybean aphid feeding and damage to the soybean plant. Researchers don't know how many soybean aphid biotypes might be in USA, but for now Ohio researchers are focused on developing a soybean cultivar that control the known biotype in Ohio. Researchers are currently backcrossing PI 243540 with two OARDC-developed food-grade soybean cultivars: Wyandot and FG5. The choice to cross PI 243540 with food-grade soybean cultivars was made because of the importance of food-grade soybeans in Ohio. With funding from the Ohio Soybean Council, researchers will also be collecting aphids this summer to better understand what biotypes are found in the state.

Although soybean cultivars containing the Rag1 gene should be commercially available in the near future, Ohio extension specialists will probably not recommend growing cultivars with the gene in Ohio. We don't think cultivars with the Rag1 gene will hold up in Ohio. Until varieties with the Rag2 gene become available for Ohio, the best management practices will be to continue to scout, and if aphid populations reach the threshold of 250 aphids per plant, growers should treat with a labeled insecticide.

2008 Research Results on Corn Rootworm Control-Insecticides

Authors: Andy Michel, Ron Hammond, Bruce Eisley

Trials were conducted at the OARDC Western and Northwest Research Stations in 2008 to evaluate insecticides (granules, liquids and seed treatments) for corn rootworm larval control. Eleven insecticides were tested at the Western Station and six insecticides were tested at the Northwest Station. All of the insecticides were compared to a corn hybrid without an insecticide treatment or the Bt gene for corn rootworm larvae. The areas where the trials were planted at the Western and Northwest had been planted to corn in mid June 2007. Roots from all of the treatments were dug in July and August and evaluated for corn rootworm larval injury based on the 0-3 Node Injury Scale with the untreated having a rating of 1.70 at the Western and the untreated with a rating of 0.59 at the Northwest. All of the insecticide treatments provided significantly better rootworm larval control as compared to the untreated. The plots were machine harvested in October and the weights were converted to bushels per acre at 15% moisture. There were no significant differences in yields among the treatments or between the treatments and the untreated at the Western. Force 3G provided significantly greater yields as compared to the other treatments and the untreated at the Northwest. The complete report can be viewed on the WEB at:

2008 Research Results on Corn Rootworm Control-Transgenic Hybrids

Authors: Andy Michel, Ron Hammond, Bruce Eisley

Trials were conducted at the Western and Northwest Ag Research Stations in 2008 to evaluate hybrids with the Bt gene for rootworm for rootworm larval control. Each Bt hybrid was compared to its isoline (hybrid without the Bt gene for rootworm). Nine pairs of hybrids were evaluated at the Western and three were evaluated at the Northwest. The isoline was planted with and without a soil insecticide for rootworm control at the Western. Roots from all treatments were dug in July and August and evaluated for corn rootworm larval injury based on the 0-3 Node Injury Scale. The treated isoline and Bt hybrids had significantly less root injury in six of the nine pairs of hybrids evaluated at the Western but in none of the three pairs of hybrids evaluated at the Northwest. The plots were machine harvested in October and the weights were converted to bushels per acre at 15% moisture. The Bt hybrid had significantly better yields in one pair of hybrids at the Western and in two pairs of hybrids at the Northwest. The complete report can be viewed on the WEB at:

Preliminary Report with Soybean Cyst Nematode (SCN) and Resistance Variety Response

Authors: Mark Koenig, Glen Arnold, Bridget Meiring, Dennis Mills, Anne Dorrance

This year Ohio was fortunate to be part of the regional North Central Soybean Research Project “Improving Management of SCN”. For this study, five varieties were planted at two locations in a randomized block design. Each variety chosen for this study has a different resistance package for SCN: Susceptible (Syngenta S30-D4), PI88788 (Syngenta S32-E2 and Gries exp line), Peking (Seed Consultant SC9288) and CystX (also Hartwig or PI 437654) (L2620RX). The two fields were chosen due to a presence of SCN, Sandusky with an average field count of 3160 at planting and Putnam with a preliminary average of around 400 eggs per 100cc (1/2 cup of soil).

We are still collecting and tabulating data but the first analysis is quite interesting and we thought we would share this with you. The Sandusky site SCN counts from the at planting sample were just completed. As stated above the average for the field was 3160 with a range from 980 to 8780 per strip across the field. There was no significant difference in SCN counts at the beginning of the season across the cultivars for these at planting counts. This means that the cultivars all received the same amount of SCN pressure in the field. What will be key will be the after harvest counts from this field of which the lab is still counting.

What is intriguing about these results (, is that the higher the SCN numbers, the more important the SCN resistance was. All varieties with resistance performed equally in the Sandusky location, with the susceptible variety having close to 50% less yield than the other varieties. is a scatter plot where the yield from each rep is plotted against the average egg count for that same strip. Here it is very easy to see the impact high numbers of eggs can have on yield. I could pick out the susceptible variety late in the season, because it was maturing early compared to areas of the field with less than 4,000 eggs. But the strip with 7800 eggs – the plants were stunted and in poor shape.

We typically do not recommend planting soybeans in fields with SCN counts greater than 2,000 eggs per cup of soil. This one location suggest we might be able to adjust this a bit, BUT we need to see first what the final numbers (at harvest) levels were for this field.

The Putnam SCN counts may be ready by the end of the month – so more to come!

Pest Management Workshop Highlights Ohio's Cost of Insects and Diseases

Authors: Dennis Mills

Do you want the latest on the identification, management and economics of insects and diseases that are important to Ohio farmers? The Entomology and Plant Pathology Departments are offering an Insect/Pathology Workshop which cover current topics in pest management. The workshop will be held in 203 Selby Hall on the The Ohio State University's, OARDC Wooster campus on February 4, 2009 from 9 – 3. Holding this workshop at the Wooster campus provides access to greenhouse plant samples and other demonstrations that will give participants a hands-on familiarity with key pest of Ohio field crops. Interactive sessions with the top researcher's at The Ohio State University provides a unique learning opportunity. The session is designed for CCA’s, consultants, agronomists, and others interested in an in-depth discussion of disease and insect management issues.

Topics will include: IPM-Back to the basics; Measuring disease levels for economic response; Soybean aphid and population genetics-applications for management; Seed treatments; Insect resistance management; Frogeye, rust and plant health; Wheat scab and fungicides. Sessions will be conducted by Dr. Ron Hammond, Dr. Anne Dorrance, Dr. Pierce Paul and Dr. Andy Michel.

4.5 CCA CEU’s are available along with applicator recertification credits of 4 hours in 2A and 0.5 hour in Core. To register contact Dennis Mills, , 330-202-3566. There will be a $50 registration fee payable at the door. Pre-registration is required and space is limited so call or e-mail today.

Agronomy Programs-Mid January through Mid February

A listing of all meetings with links to more details can be found at:

January 12
Western Ohio Agronomy Day
Start Time: 9 a.m. and 6 p.m.
County of Meeting Location: Shelby
Sidney American Legion Hall
1265 Fourth Avenue
Sidney, OH 45365
Phone Number: 937-498-7239

January 14 & 15
Certified Crop Advisor Pre-Exam Training Session
Start Time: 9 a.m.
County of Meeting Location: Shelby
OSU Extension-Shelby
810 Fair Rd
Sidney, OH 45365
Phone Number: 937-599-4227

January 15
Putnam County Agronomy Night
Start Time: 6:30 p.m.
County of Meeting Location: Putnam
Kalida Knight of Columbus Hall
PO Box 138, Napoleon Rd
Kalida, OH 45853
Phone Number: 419-523-6294

January 16
Corn/Soybean Day
Start Time: 8:30 a.m. to 3:40 (optional CORE session adjourns 4:40)
County of Meeting Location: Fulton
Founder’s Hall at Sauder Farm and Craft Village
22611 St Rt 2
Archbold, OH
Phone Number: 419-337-9210

January 21 & 22
Yield Maps to Management Maps-Precision Farming Workshop
Start Time: 9:30 am
County of Meeting Location: Fairfield County
Fairfield County Extension Office
831 College Avenue
Lancaster, 43130
Phone Number: 740-653-5419

January 21
Agronomy School
Start Time: 9:30 a.m. to 3:30 p.m.
County of Meeting Location: Ashtabula
Williamsfield Community Center
Intersection of Route 7 and Route 322
Phone Number: 440-576-9008

January 23
Paulding County Agronomy Day
Start Time: 8:30am
County of Meeting Location: Paulding
Paulding County Extension Office
503 Fairground Dr
Paulding, 45879
Phone Number: 419.399.8225

February 4 & 5
Yield Maps to Management Maps-Precision Farming Workshop
Start Time: 9:30 am
County of Meeting Location: Huron County
Bellevue Public Library
Bellevue, 44811
Phone Number: 419-668-8219

February 5
Northern Ohio Crops Day
Start Time: 9 a.m.
County of Meeting Location: Sandusky County
Ole Zim’s Wagon Shed
1375 N. State Route 590
Gibsonburg, Ohio 43431
Phone Number: 419-334-6340

February 5
Champaign, Logan, and Union Agronomy Workshop
Start Time: 3:30 p.m. to 8:30 p.m.
County of Meeting Location: Union
Union Rural Electric
15461 U.S. 36
Marysville, Ohio 43040
Phone Number: 937-644-8117

Archive Issue Contributors: 

State Specialists: Ann Dorrance, Pierce Paul and Dennis Mills (Plant Pathology), Ron Hammond, Andy Michel, and Bruce Eisley (Entomology). Extension Educators: Roger Bender (Shelby), Harold Watters (Champaign), Todd Mangen (Mercer), Tim Fine (Miami), Wesley Haun (Logan), Steve Foster (Darke), Gary Wilson (Hancock), Marissa Mullett (Coshocton), Ed Lentz (Seneca), Greg LaBarge (Fulton), and Mike Gastier (Huron).

Crop Observation and Recommendation Network

C.O.R.N. Newsletter is a summary of crop observations, related information, and appropriate recommendations for Ohio crop producers and industry. C.O.R.N. Newsletter is produced by the Ohio State University Extension Agronomy Team, state specialists at The Ohio State University and the Ohio Agricultural Research and Development Center (OARDC). C.O.R.N. Newsletter questions are directed to Extension and OARDC state specialists and associates at Ohio State.