2021 CANOLA CANADA PRODUCT USE GUIDE - Corteva Canada
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Introduction Stewardship Overview Table of Contents A Message About Stewardship By using Corteva Agriscience products, growers further understand and agree that (1) all crops and materials containing biotech traits (e.g., grain, Corteva Agriscience™ is committed to the responsible management of all its and/or byproducts) may only be (a) exported, transferred or moved to or This 2021 Product Use Guide Stewardship Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 seed products. (b) used, processed, or transferred in jurisdictions where all necessary provides technical information By accepting delivery of any Corteva Agriscience brand product, growers regulatory authorizations have been granted for those crops and materials Integrated Pest Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 are contractually obligated to comply with all laws, regulations, and Corteva for such activities, (2) it may be unlawful to export, transfer, or move about Corteva Agriscience ™ Spring Canola Products with the Genuity® Roundup Ready® Gene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Agriscience stewardship requirements described in Product Use Guide(s) and materials containing biotech traits across borders into jurisdictions where canola products and sets forth any product-specific stewardship requirements, as each may be amended their import and use is not authorized, including through a third party, and Spring Canola Products with LibertyLink® Canola Herbicide Tolerance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 requirements and guidelines for the from time to time by Corteva Agriscience. (3) products authorized in Canada may or may not be authorized in all global Clearfield® Canola Production System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 markets; therefore, the combination of these traits and the grain and certain use of these products. Please read Proper stewardship of Corteva Agriscience products is beneficial to growers Intellectual Property Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 byproducts (including oil) from these products may not be authorized in all of the information pertaining to and other stakeholders, including enabling continued grower access to some markets. Coexistence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Corteva leading germplasm and biotechnology traits in seed products and the technology you will be using, helping to enhance grower productivity and profitability. Proper stewardship including stewardship and related Seed Treatment Stewardship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 also promotes responsible use of these products, such as mitigating Corteva Agriscience™ Technology Use Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 potential resistance development to enhance long-term durability of information. Corteva Agriscience technologies. When combined with best management If you have any questions, contact your sales professional. practices, Corteva Agriscience products provide options for growers and their This technical guide is not a customers. To help enable grower success and protect Corteva technologies, growers must agree and understand the stewardship requirements, such as pesticide product label. It is potential grain use restrictions, including but not limited to: intended to provide additional n Sign and comply with the Corteva Agriscience™ Technology Use information and to highlight Agreement (TUA), which may be amended from time to time. Signing approved uses from certain the TUA permits access to the Corteva Agriscience germplasm and the biotech trait technologies in Corteva Agriscience seed products. product labels. Read and follow all n Follow Stewardship requirements detailed in Product Use Guide(s), precautions and label instructions (www.corteva.ca/en/trait-stewardship.html) and on product-specific labels. on any agricultural or pesticide Our Commitment to Excellence Read and follow all seed, pesticide, or other product labels and Through Stewardship® n products that you are using. information. n Implement appropriate product-specific Insect Resistance Management www.excellencethroughstewardship.org (IRM) and/or Herbicide Resistance Management (HRM) practices, as Not all products described in this required by Corteva Agriscience and the Canadian Food Inspection Agency Corteva Agriscience™ is a member of Excellence Through Product Use Guide are available in (CFIA). Following IRM and HRM requirements helps limit development Stewardship® (ETS). Corteva Agriscience products are all Corteva Agriscience™ brands. of insect and herbicide resistance and helps to maintain the long-term commercialized in accordance with ETS Product Launch durability of these technologies. Stewardship Guidance and in compliance with the Corteva n Use of Corteva Agriscience seed products solely for producing a single commercial crop encourages the development of better, higher-yielding Agriscience policies regarding stewardship of those products. germplasm and additional technologies and innovations, further improving In line with these guidelines, our product launch process agricultural productivity. for responsible launches of new products includes a long- n Growers are required to discuss trait acceptance and grain purchasing policy with the grain purchaser or grain handler prior to the delivery and standing process to evaluate export market information, value sale of crop products (e.g., grain or other plant material containing biotech chain consultations, and regulatory functionality. Growers and traits) and only deliver grain to a purchaser or grain handler that agrees end-users must take all steps within their control to follow grain and by-products will be marketed in markets where such products are authorized for the specific use. For more detailed information on the appropriate stewardship requirements and confirm their buyer’s status of a trait or stack, please visit www.biotradestatus.com. acceptance of the grain or other material being purchased. n Follow any additional stewardship requirements that Corteva Agriscience deems necessary for a particular product (e.g., grain or feed use or Excellence Through Stewardship® is a registered trademark of geographical planting restrictions, or use of an authorized herbicide). Excellence Through Stewardship. n Any forward-looking statements made by Corteva Agriscience related to regulatory approval timelines by their nature address matters that are, to different degrees, uncertain. Any forward-looking statements of anticipated regulatory authorization timelines are not guarantees of government agency action and are based on certain assumptions and expectations of future events that may not be realized. n Contact your local sales professional for more information. 2 3
Integrated Pest Management As a grower, integrated pest management (IPM), provides you the opportunity n Minimize over-wintering of pests through soil management practices. to tailor how you manage weeds, insects, and diseases in your fields. IPM n Use crop rotation, including products with different traits, to delay onset of CORTEVA AGRISCIENCE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR RECOMMENDATIONS CONCERNING THE USE OF PRODUCTS integrates responsible use of traits, crop protection products, and cultural resistance. MANUFACTURED OR MARKETED BY OTHER COMPANIES INCLUDING BUT NOT LIMITED TO THOSE THAT ARE LABELED FOR USE IN CROP(S) management practices to: CONTAINING CORTEVA TECHNOLOGY. CORTEVA AGRISCIENCE AND ITS AFFILATED COMPANIES SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY n Use multiple modes of action in crop protection products to reduce n Prevent the buildup of pests through starting with a clean field and rotating likelihood of resistance development. FOR THE USE OF THESE PRODUCTS IN CROPS CONTAINING CORTEVA TECHNOLOGY. ALL QUESTIONS AND COMPLAINTS ARISING FROM THE USE crops and traits. OF PRODUCTS MANUFACTURED OR MARKETED BY OTHER COMPANIES, OR THE IMPACT TO CORTEVA TECHNOLOGY FROM THE USE OF SUCH n Use seed products, planting technology, and seedling rates that are Monitoring Insect Pests PRODUCTS, SHOULD BE DIRECTED TO THOSE COMPANIES. IT IS GROWERS OBLIGATION TO READ AND FOLLOW PRODUCT LABEL REQUIREMENTS. appropriate for a given crop in a particular geographic area. CORTEVA AND ITS AFFILAITED COMPANIES ARE NOT RESPONSIBLE FOR ANY MISUSE OR MISAPPLICATION OF PRODUCTS, INCLUDING PESTICIDES, It is important to carefully monitor fields for all pests to determine whether BY A GROWER. n Scout: Monitor for pest populations throughout the growing season to treatment with a pest control method is needed. Scouting techniques and determine if treatment is necessary. remedial pest control treatments should address the fact that larvae must Additional stewardship information may be found at www.corteva.ca/en/trait-stewardship.html or consult your local sales professional. You may also hatch and feed before incorporated plant protection technologies have an contact Corteva Agriscience at: 1-800-667-3852. n Intervene when required, using combination of approaches to manage the pest population. effect on the pests. Scouting should be performed regularly, particularly after periods of heavy or sustained egg laying (especially during bloom), to n Use appropriate maturity products and harvest schedules, destroying crop determine whether larval survival is significant in a particular field. residue promptly. Weed Management weed management methods. If resistant weeds are identified, one of the most effective ways to inhibit the development of resistant populations or spread of Herbicide tolerance technology provides convenient, effective, and economical resistance is to use methods that prevent weeds from reproducing by seed weed control in crops. However, intensive long term use of any single or through vegetative propagation. It is also important to clean equipment herbicide mode of action can lead to the development of weeds resistant between sites, as this slows the spread of weed seed between fields. to that mode of action. Planting crops that enable use of multiple herbicide When using herbicide tolerant crops it is important to start with a clean field, modes of actions as part of an IPM program can provide consistent, effective either by using tilling or a burndown herbicide application. In general: weed control while reducing the potential for resistance development. Talk to n Begin the season with a clean, weed-free field. your local sales professional about the herbicide tolerance in your crops. n Use multiple weed control techniques, such as multiple herbicides with different modes of action, tillage, or other mechanical weed control Herbicide Groups techniques, considering soil and water conservation issues. The Weed Science Society of America categorizes herbicides into different n Use herbicides at their proper rates at the appropriate times and following groups based on their mode of action. If a given weed population has plants all label directions. resistant to a herbicide in one group, that weed population may not be n If surviving weeds are found, control those weeds before they can set seed able to be effectively managed using only other herbicides in that group. However, that weed population may be able to be managed with a different or otherwise reproduce. herbicide from a different herbicide group, whether alone or in combination with a herbicide from that same group, or by using other weed management Herbicide Resistant Weeds practices, such as mechanical practices. Note that herbicide classification may not, in all circumstances, address weeds resistant to particular Grower awareness and proactive management of herbicide resistant herbicides. Consult your local sales professional, state cooperative extension weeds are part of a successful weed control program. Suspected herbicide service, professional consultants, or other qualified individuals to discuss resistance is defined as the situation where the following three indicators appropriate actions to address specific weeds that appear to show resistance occur at a site or location: to a particular herbicide. n Failure to control a weed species normally controlled by the herbicide at the dose applied, especially if control is achieved on adjacent weeds. n A spreading patch of non-controlled plants of a particular weed species; Weed Management Techniques and and Guidelines n Surviving plants mixed with controlled individuals of the same species. Using varied weed control methods is recommended to help slow the With confirmed herbicide resistance, other weed management practices development of resistant weed populations. Such varied weed control should be employed to control and prevent the spread of a population of methods may include using multiple herbicides that act on weeds through herbicide resistant weeds. Your Corteva Agroscience™ sales professional can different modes of action with similar spectrum, use of tillage or other provide recommendations for a particular herbicide resistant weed. Report mechanical methods, and other practices. Use of tillage must be balanced any incident of non-performance against a specific weed of the herbicide against possible soil and water conservation issues that aggressive tillage used to your Corteva sales professional, local retailer, or county extension may cause. When using herbicides, studies have shown that using the agent. Corteva herbicide product labels include weed resistance management herbicide in compliance with label directions and at labeled rates is important language and approved labels, including supplemental labeling, must be to slow the development of resistant weeds. Also, scouting for surviving in possession of the user at the time of pesticide application and can be weeds after herbicide application can help identify resistant weeds and obtained by contacting your state’s pesticide lead agency or the website provide valuable information on how to manage resistance by using different www.cdms.net. 4 5
Spring Canola Products Spring Canola Products with the Genuity ® with LibertyLink ® Roundup Ready Gene ® Canola Herbicide Tolerance Not all products described in this Product Use Guide are available in all Corteva Agriscience™ brands. Not all products described in this Product Use Guide are available in all Corteva Agriscience™ brands. Spring Canola Products with the Genuity® Roundup Ready® gene contain in-plant with the Genuity Roundup Ready gene, growers have the weed management n Corteva Agriscience™ canola products with LibertyLink® herbicide tolerance allow herbicide classes. tolerance to the active ingredient in Roundup® agricultural herbicides. This enables tool necessary to help improve spring canola profitability, while providing a viable you to spray with labeled glufosinate herbicide agricultural herbicides in-crop from n Liberty herbicide has a unique mode of action (Group 10) that offers a nonselective you to spray Spring Canola Products containing the Genuity Roundup Ready gene rotational crop to help break pest and disease cycles in cereal-growing areas. emergence through to first flower stage. choice for Integrated Weed Management plans. with Roundup agricultural herbicides in-crop from emergence through the 6-leaf n Liberty® is a nonselective contact herbicide that provides post-emergence control n The BASF Grower Technology Agreement (BGTA) stage development. Planting Limitation of broadleaf and grass weeds, including weeds resistant to glyphosate and multiple The introduction of the Genuity Roundup Ready gene trait into leading spring canola hybrids and varieties gives growers the opportunity for unsurpassed weed control, proven crop safety and maximum yield potential. With Spring Canola Products Spring Canola Products with the Genuity Roundup Ready gene is not permitted to be planted in any wildlife feed plots. Weed Management Guidelines with LibertyLink tolerance in rotational crops. Talk to your local seed representative or Weed Management Read and follow all herbicide label directions. For resistance management, glufosinate n dealer for suggestions that fit your area. Report any incidence of repeated non-performance of a labeled glufosinate herbicide is a Group 10 herbicide. Any weed population may contain or develop plants naturally on a particular weed to the appropriate company representative, local retailer, or resistant to glufosinate and other Group 10 herbicides. The resistant biotypes may Guidelines at the 1 to 3 leaf stage to eliminate competing weeds. Short term yellowing may occur with later applications, with little effect on crop growth, maturity, or yield. dominate the weed population if these herbicides are used repeatedly in the same county extension agent. Follow all pesticide label directions. Follow the guidelines below to minimize the risk n Wait a minimum of 10 days between applications. Two applications of Roundup field. Other resistance mechanisms that are not linked to site of action, but specific for Additional Information of developing glyphosate-resistant weed populations in Spring Canola Products with WeatherMAX herbicide will: individual chemicals, such as enhanced metabolism, may also exist. n Allow a minimum of 60 days between the last labeled glufosinate herbicide the Genuity Roundup Ready gene: Appropriate resistance-management strategies should be followed as shown below: application and harvest of canola grain. • Control late flushes of annual weeds such as foxtail, pigweed, and n Scout fields before and after each burndown and in-crop application. n Scout fields before and after each burndown and in-crop application. wild mustard. n A labeled glufosinate herbicide application may be made when Corteva Agriscience n Start with a clean field, using either a burndown herbicide application, residual canola products with LibertyLink tolerance is at the cotyledon through to first flower n Start with a clean field, using either a burndown herbicide application, residual • Provide season-long suppression of Canada Thistle, quackgrass, and perennial herbicide or tillage, making sure weeds are controlled at planting. herbicide or tillage, making sure weeds are controlled at planting. sow thistle. stage. n A sequential application of a labeled glufosinate herbicide may be needed. n See product labels for additional information about use rates, timings, maximum n In-crop, apply Roundup WeatherMAX® herbicide before weeds exceed 3 inches in • Provide better yield potential by eliminating competition from both annuals and n Use mechanical weed control, cultivation and/or residual herbicides where appropriate height. application rates, adjuvants, and tank mixes. hard to control perennials. in fields planted to Corteva Agriscience canola products with LibertyLink tolerance. n A sequential application of Roundup WeatherMax herbicide may be needed. n Various Various weed biotypes are known to be resistant to herbicides. Use herbicides n If using another approved glyphosate agricultural herbicide, you must refer to the n Use additional herbicide modes-of-action, residual herbicides and/or mechanical weed and combinations of herbicides that will control the weed biotypes and species that n Use mechanical weed control, cultivation and/or residual herbicides label booklet or supplemental labeling for the use of that brand on Spring Canola control in other crops you rotate with Pioneer brand canola products with LibertyLink are present on your farm. For the current weed control recommendations for resistant where appropriate in your Spring Canola Products with the Genuity Roundup Products with the Genuity Roundup Ready gene for appropriate use rates. tolerance. weed biotypes, contact your local crop protection sales representative. Ready gene. n If using Roundup PowerMAX® or Roundup PowerMAX® II, application rates are the n Clean equipment before moving from field to field to minimize the spread of weed n Approved labels, including supplemental labeling must be in the possession of the n Use additional herbicide modes-of-action, residual herbicides and/or mechanical same as for Roundup WeatherMAX®. seed. user at the time of pesticide application and can be obtained by contacting the Crop weed control in other Roundup Ready crops you rotate with Spring Canola n Maximum use rates apply to the total application of all glyphosate- containing n There are several options for control of volunteer Corteva Agriscience canola products Protection manufacturer or the Pest Management Regulatory Agency. Products with the Genuity Roundup Ready gene. products. See the Roundup WeatherMAX herbicide label for more information on n Clean equipment before moving from field to field to minimize the spread of maximum use rates. weed seed. Various weed biotypes are known to be resistant to glyphosate. For the current THE TERMS AND CONDITIONS SET OUT BELOW COMPRISE A CONTRACTUAL AGREEMENT (“AGREEMENT”). Herbicides n There are several options for control of volunteer Spring Canola Products with weed control recommendations for glyphosate-resistant weed biotypes, n ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. the Genuity Roundup Ready gene in rotational crops, including soybeans with the Roundup Ready trait and Sugarbeets with the Genuity Roundup Ready refer to www.roundupreadyplus.com or call 1-800-667-4944. Approved supplemental labeling for Monsanto herbicide products can be obtained by calling Miscellaneous n These SEEDS contain the trait that confers tolerance to glufosinate ammonium, the n These hybrid canola seeds containing LibertyLink® herbicide tolerance technology (the active ingredient in Liberty® herbicide. trait. Talk to your local seed representative or dealer for suggestions that fit your 1-800-667-4944. A Complete list of specimen labels can be located at http:// “SEEDS”) are protected under one or more Canadian patents and may also be subject n GROWER agrees if choosing to use glufosinate ammonium on these SEEDS, to use area. www.monsanto.com/products/Pages/ msda-labels.aspx. Approved labels, including to other intellectual property rights. The purchase or possession of these SEEDS does only Liberty herbicide or other non-selective herbicides which have been registered n Report any incidence of repeated non-performance of Roundup agricultural supplemental labeling, for Roundup agricultural herbicides must be in the possession not convey a license to perform a method covered by these patents or to use these and labelled for use on LibertyLink canola by all appropriate regulatory agencies. herbicides or other glyphosate products on a particular weed to the appropriate of the user at the time of pesticide application and can be obtained by calling 1-800-667-4944, or by contacting the Pesticide Management Regulatory Agency SEEDS in any way, even to produce an initial crop. n GROWER may use any selective herbicide which has been registered and labelled for company representative, local retailer, or county extension agent. use on LibertyLink canola by all appropriate regulatory agencies. (PMRA) for more information. n Only a Liberty and Trait Agreement (the “Liberty and Trait Agreement” or “LTA”) (i) that was signed by the GROWER and assigned to BASF; or (ii) that is signed by the n BASF DOES NOT WARRANT THE CROP SAFETY OR PERFORMANCE OF ANY Additional Information GROWER and BASF, provides a limited license to the GROWER for planting the SEEDS. NON-BASF BRANDED HERBICIDES. “GROWER” means the purchaser of this seed bag (hereinafter GROWER is sometimes Spray when canola is at the 0 to 6 leaf stage of growth. To maximize yield Stewardship n n potential, spray Spring Canola Products with the Genuity Roundup Ready gene referred to individually as “you”). n By purchasing or using this bag and planting the SEEDS, you affirm that you have Pioneer and BASF are members of Excellence Through Stewardship® (ETS). signed and agree to comply with all terms and conditions of the LTA and this Pioneer products are commercialized in accordance with ETS Product Launch AGREEMENT. For more information on the LTA visit www.agsolutions.ca/LTA. Stewardship Guidance and in compliance with the Pioneer policies regarding stewardship PRODUCT USE STATEMENT: This variety contains the Roundup Ready® gene. The Roundup Ready gene provides crop safety for over-the-top applications of labeled glyphosate of those products. Crops and materials containing biotech traits may only be exported to n The SEEDS are for planting in Canada only. agricultural herbicides when applied according to label directions. WARNING: The Roundup Ready gene will NOT safeguard this variety against other herbicide chemistries which are or used, processed, or sold in jurisdictions where all necessary regulatory approvals have labeled to be used only over-the-top of crops that have a different and specified herbicide resistance gene. Always read and follow herbicide label directions prior to use. n The SEEDS are for producing a single commercial crop only. been granted for those crops and materials. It is a violation of national and international n Planting or growing a crop from grain harvested from the SEEDS is prohibited. ACCIDENTAL APPLICATION OF INCOMPATIBLE HERBICIDES TO THIS VARIETY COULD RESULT IN TOTAL CROP LOSS. laws to move materials containing biotech traits across borders into jurisdictions where n As a condition to BASF or Authorized Retailer (as defined in the LTA) liability their import is not permitted. Growers should discuss these issues with their purchaser YOU MUST SIGN A TECHNOLOGY AGREEMENT, READ THE PRODUCT USE GUIDE PRIOR TO PLANTING. respecting SEEDS, the GROWER must provide BASF the opportunity to conduct an or grain handler to confirm the purchaser or handler’s position on products being THIS SEED IS ACQUIRED UNDER AN AGREEMENT THAT INCLUDES THE FOLLOWING TERMS: These seeds are covered under Canadian patent(s): 1,341,167; 1,341,481 and in-field inspection, take samples and conduct tests associated with the SEEDS not purchased. For further information on the approval status of biotech traits, please visit 2,425,349. The purchase of these seeds conveys no license under said patents to use these seeds. A license must first be obtained from Monsanto Canada Inc. (for activities in Canada) later than 30 days after the claimed defect was or ought to have been identified. www.biotradestatus.com. before these seeds can be used in any way. n In the event of any conflict or inconsistency between the terms and conditions of the Excellence Through Stewardship® is a registered trademark of Excellence Through ® Roundup Ready is a registered trademark used under license from Monsanto Technology LLC. LTA and this AGREEMENT the terms and conditions of the LTA shall prevail. Stewardship. LibertyLink®, Liberty®, the LibertyLink logo and the Water Droplet Design are registered trademarks of BASF. 6 7
Clearfield Canola ® Production System What is the History and Benefits Clearfield® Production System? Historically, Clearfield® has been a brand that growers can depend on when it comes to protecting their canola from flushing weeds. We work hard to provide Clearfield is a crop production system combining specific herbicides and seeds growers the support they need for success. Farmers know that they can rely on from crop varieties that have been bred for herbicide tolerance and high yields. us for multiple Clearfield benefits: Clearfield herbicides allows growers to customize weed control for pressures specific to their crops while maintaining sustainability in resistance management n Alternative mode of action for controlling volunteer canola in tight canola plans. rotations. n One-pass canola system that delivers reliable post-emergent control of grasses Which herbicides can I use on and broadleaf weeds, including subsequent flushes. Clearfield canola? n Wide window of application on both crop and weeds - 2 to 7 leaf canola. One of the benefits of the Clearfield Production System is exceptional weed n Provides an opportunity for substantial returns from premium production control with one effective product, eliminating time and energy in decision making. contracts specific to Clearfield canola. Ares™ SN Herbicide was specifically designed to meet the needs of Clearfield canola growers. It offers consistent and reliable control of tough grassy and broadleaf weeds and superior control of volunteer non-Clearfield canola, including Sustainability and Crop Rotation multiple flushes. Tighter rotations increase pressure for disease and resistance. The Clearfield Production System for canola and high-performing canola hybrids is the solution Ares™ SN is not registered in the Peace River Region of Alberta and British for this. When it comes to achieving best results, a 1-in-3-year canola rotation Columbia. Contact Corteva Agriscience™ for specific herbicide recommendations. is recommended. By rotating to Clearfield canola seed hybrids and herbicides, growers can effectively manage future volunteer canola systems such as LibertyLink® and Roundup Ready®. Here are even more reasons to switch to the Clearfield Production System: n Controls glyphosate-resistant weeds. n Changes resistance genetics for better management of blackleg and clubroot. n Ideal crop rotation choice when growing glyphosate-tolerant and Roundup Ready soybeans. PRODUCT USE STATEMENT: CERTAIN METHODS OF GROWING CLEARFIELD® CLEARFIELD CANOLA PLANTS OR TO SUPPLY SUCH SEEDS TO ANYONE FOR CANOLA SEEDS ARE PROTECTED BY CANADIAN PATENT NO. 1,341,465. THE PLANTING. REFER TO THE CLEARFIELD COMMITMENT FOR FURTHER DETAILS. PURCHASE OF THESE SEEDS CONVEYS NO LICENSE TO THE PURCHASER TO BY PURCHASING OR OPENING THIS PRODUCT, THE PURCHASER ACKNOWLEDGES PRACTICE THE PATENTED METHODS. THE PURCHASER MAY NOT PRACTICE THAT IT HAS READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, OR USE THE PATENTED METHODS IN CONNECTION WITH THE PURCHASED INCLUDING THE EXPRESS RESTRICTIONS CONTAINED HEREIN, AND AGREES TO CLEARFIELD CANOLA SEEDS WITHOUT A LICENSE GRANTED BY BASF TO THE BE BOUND BY ALL SUCH TERMS, CONDITIONS AND RESTRICTIONS. PURCHASER PURSUANT TO A SEPARATE LICENSE AGREEMENT, KNOWN AS YOU MUST SIGN A TECHNOLOGY AGREEMENT, READ THE PRODUCT USE THE “CLEARFIELD COMMITMENT.” THE CLEARFIELD COMMITMENT GRANTS GUIDE PRIOR TO PLANTING. THE GROWER LIMITED PERMISSION TO PLANT A COMMERCIAL CROP IN ONE AND ONLY ONE SEASON. THE CLEARFIELD COMMITMENT DOES NOT The Clearfield Symbol and Clearfield are registered trademarks of BASF. PERMIT THE GROWER TO PLANT ANY SEEDS HARVESTED FROM CROPS OF 8 9
Intellectual Property Protection n What options exist related to staggering planting times to help temporally n Understanding characteristics of applied technologies or pest management isolate a given crop from the potential of unintended outcrossing; tools and the potential impact to different types of crops planted in the n What are cleaning and handling options for a particular crop that could vicinity. help to minimize the potential for inadvertent comingling during planting, In today’s agricultural marketplace, growers share common goals of harvesting or cleaning activities, considering the use of planters, combines, increasing productivity and profitability, and through planning and proactive Corteva Agriscience™ has a long history of investing in intellectual property to Why is a TUA required? seed storage bins, seed hopper/boxes, transportation vehicles, and other management measures, coexistence can help all growers meet their provide growers with high performing varieties and industry leading services. equipment pre- and post-harvest; and productivity goals and stewardship responsibilities while respecting their Our continued commitment to product research results in Corteva Agriscience n A TUA is required for the purchase of any Corteva Agriscience seed - all neighboring farming operations. brand products that consistently deliver high yields to help make you more crops, biotech and non-biotech. The TUA serves as an agreement between profitable. Corteva Agriscience uses patents and Variety Registration laws to the customer and Corteva Agriscience demonstrating that the customer Seed Treatment Stewardship protect our investment in patented germplasm, native and transgenic traits, understands and agrees to follow all license terms, stewardship and and breeding technologies. Variety Registration laws give breeders exclusive applicable legal responsibilities related to their seed products. control over plant varieties for up to 20 years, enabling Corteva Agriscience to n Even though some products do not contain biotech traits, the TUA protects bring new products to the marketplace supported by improved technology. the intellectual property associated with non-biotech products such as It is important to note that Corteva Agriscience product offerings, even if not germplasm and other intellectual know-how and patents. biotech, can carry multiple types of intellectual property protection, such as n The TUA grants a limited license for the grower to use/plant Corteva Seed treatments, including fungicides, insecticides, nematicides, and Planting amendments, play a critical role in agriculture and the production of a healthy patented genetics, patented breeding technologies, Plant Breeder’s Rights, Agriscience seed containing Corteva Agriscience sourced technologies crop. In addition to helping manage against early season pests and diseases, n Always follow planter manufacturer recommendations and avoid excess patented transgenic traits, and patented native traits, including through the (including germplasm, non-biotech traits, and biotech traits) and produce a they serve as a viable alternative to foliar and soil applications. use of talc and graphite. terms and conditions of use found in the Corteva Agriscience TUA. single commercial crop. Be aware of the environment in and around your field, taking note of Seed treatment management and responsible stewardship play a vital role n The purchase of any Corteva Agriscience variety or trait is done so under n The TUA requires growers to use and follow the applicable product use in sustaining our environment while maximizing crop health. Responsible nearby bee hives and flowering plants and weeds, which could be license with certain limitations. By using the seed supplied in connection with guide and labels (seed and herbicide). stewardship practices help maintain seed and seed treatment integrity, which attractive to pollinators. a Corteva Agriscience Technology Use Agreement, you agree to the fact that keeps the active ingredient on the seed to achieve the maximum crop health Limit dust movement from seed packages containing seed treatment. n The TUA prohibits certain activities such as saving seed or use of n the seed – and technology within that seed – includes subject matter owned benefit for the investment. In addition, these practices help minimize the For example, consider factors such as wind speed and direction, and unauthorized herbicides on Enlist™ crops (where applicable). by Corteva Agriscience, or licensed from a third party, that is protected under potential for adverse effects on producers and the environment, including avoid shaking the bottom of the treated seed bag when filling planting Canadian intellectual property laws. Under this contract, you agree to a By abiding by your Corteva Agriscience Technology Use Agreement, you pollinators, which may be present at the time of planting. equipment. single-commercial planting of the seed and agree to not bin run or are helping Corteva Agriscience continue to invest in advances in genetics and technology that bring forward new research discoveries. These n Do not transfer treated seed next to active bee hives, at field margins, and save your seed. discoveries ultimately help you increase production and meet new pest and Handling adjacent to flowering plants and vegetation. production challenges. n Always read and follow the label directions and recommendations for n For pneumatic planters, direct the exhaust toward the soil surface. proper handling and use of treated seed and seed treatments. n Ensure all seeds are planted/incorporated into the soil at proper planting n Use personal protection equipment as recommended on the product label depth. Coexistence or seed tag. n Follow labeling requirements for disposal/use of unused seed. n Follow all safety precautions as indicated on the label/seed tag. n Transport and transfer treated seeds safely and in a manner that eliminates Disposal and Cleanup the risk of spill and dust. For a short video on treated seed disposal and cleanup, click here or type into For decades, multiple agricultural systems have successfully coexisted in identity-preserved crops, organically-produced crops, conventionally produced your web browser the following: Canada and around the world, from initial production through supply chains crops or crops with biotech traits. For more information on pollinator health visit: https://www.youtube.com/watch?v=2XNG_SYXJbA to the ultimate end users. Over time, management practices to facilitate these http://honeybeehealthcoalition.org For products receiving premiums, the grower is producing a crop supported n Properly dispose of seed packaging/containers in accordance with country different agricultural systems have developed and have been continuously by a special market price, and therefore assumes responsibility for meeting and local regulations and container return policy. improved so that high purity and high quality seed and grain is available any applicable market specifications to receive the applicable premium price n Clean planting equipment in a manner that minimizes dust. to help growers, handlers, and end-users maximize opportunities and take from that market. Likewise, for products containing biotech traits that may full advantage of the wide variety of technologies available to each. One n Avoid cleaning planting equipment next to active bee hives, at field margins not yet be approved in certain export markets or have special considerations example of successful coexistence is the production of similar commodities and adjacent to flowering plants and vegetation. related to production practices (e.g., herbicide application, specialty in close proximity, such as field corn, sweet corn, white corn, and popcorn. characteristics), the grower assumes responsibility for the stewardship Coexistence strategies should be designed to meet market requirements conditions and implementation related to use of such technologies. Even using science-based industry standards and management practices, and though the ultimate responsibility is on the grower producing a crop for Corteva Agriscience™ is an active participant in industry stewardship best management practices through collaboration with Crop Life Canada, the should be flexible to facilitate diverse options and choice for growers and a particular market to implement appropriate stewardship practices and Canadian Corn Pest Coalition, the Canadian Seed Trade Association and CleanFarms. the food and feed supply chain. This flexibility also should include the ability requirements, including those communicated by a seed provider, it is of coexistence strategies to be modified as changes in products, markets, Additional best management practices can be found: also each grower’s responsibility to communicate with and be aware of http://cdnseed.org/wp-content/uploads/2013/06/Pollinator-Protection-Best-Management-Practices.pdf or practices take place. The on-going success of coexistence has depended the planting intentions of his or her neighbors to gauge the need for any upon cooperation, communication, flexibility, and mutual respect for each appropriate management and coexistence practices. By communicating what cropping system among the entire value chain. Over the years, growers is being grown on neighboring fields and the potential implications of those Pest Management Regulatory Agency (PMRA) have adapted to changes and innovation in agriculture by using new farm management practices, new technologies, and other appropriate practices crops on each growers’ management decisions, growers can utilize some Stewardship Requirements for Neonicitinoids of the following coexistence considerations to limit potential conflicts, while and can continue to do so into the future. Neonicotinoid insecticides are toxic to bees. Dust generated during the planting of treated seed may be harmful to bees and other pollinators. acknowledging the generally recognized and accepted occurrence of the To help minimize the dust generated during planting, refer to the complete guidance “Pollinator Protection and Responsible Use of Treated Seed – It is therefore incumbent on all growers to consider and implement movement of incidental amounts of pollen: Best Management Practises” on the Health Canada webpage on pollinator protection at www.healthcanada.gc.ca/pollinators. management practices to satisfy the relevant marketing and stewardship n What is the crop biology and what are the product characteristics, practices required by the desired end market. By choosing to grow any crop, When using a seed flow lubricant with this treated seed, only Fluency Agent by Bayer CropScience is permitted. Carefully follow use directions for specifically considering whether or not the crop is self-pollinating or this seed flow lubricant. growers are inherently agreeing to use practices appropriate to ensure the cross-pollinating; integrity and marketability of those crops for the intended market and that Do not load or clean planting equipment near bee colonies, and avoid places where bees may be for foraging, such as flowering crops or weeds. suitable management and stewardship practices are being implemented, n What options exist to arrange or select planting locations and fields to When turning on the planter, avoid engaging the system where emitted dust may contact honey bee colonies. considering each neighbors’ farm management. This is true regardless help minimize the potential for outcrossing to or from a particular crop, by Spilled or exposed seeds and dust must be incorporated into the soil or cleaned up from the soil surface. of the particular market being served, whether it is specialty crops, considering, for example, appropriateness of buffer rows, environmental windbreaks, or land devoted to conservation; 10 11
Revision date: June 2020 / Corteva Agriscience / Canada TUA PROHIBITED ACTIVITIES: Grower hereby consents to the collection, use and disclosure of Grower’s personal and purchase information by and Grower acknowledges and agrees that Grower is NOT permitted to: between: (i) Corteva Agriscience and its affiliated companies, including parents, subsidiaries and affiliates (“Corteva”); (ii) retailers, including but not limited to Seed Sellers, from which Grower purchases Corteva products; (iii) Corteva • supply, transfer, license or sublicense any Seed, Seed Stock, or Corteva Sourced Technology to any other Corteva AgriscienceTM - TECHNOLOGY USE AGREEMENT partners and service providers (e.g., AgData Ltd., DocuSign Inc, Solentra), for the purpose of administering Corteva person, entity or other third party for planting or any other purposes; offers, including validation of product purchases and calculation/issuance of rebates and rewards, in addition to • accept any Seed or Seed Stock from any third party other than a Seed Seller, Corteva, or a Corteva using this information for marketing, surveys, direct mail, digital and social media communication purposes; and (iv) Revision date: June 2020 / Corteva Agriscience / Canada TUA Licensee; Corteva partners and service providers for purposes of conducting on-farm IRM and/or other compliance or • following burndown, use any phenoxy auxin herbicide-containing product (e.g., containing 2,4-D, 2,4-DB, MCPA, regulatory assessments. Grower understands that by completing and signing this acceptance form, that he/she is This Technology Use Agreement is entered into by Grower and Corteva Agriscience™ (defined below) to set forth the terms and conditions upon which dichlorprop, LV6, MCPB, mecoprop which is NOT expressly labeled for use in conjunction with Enlist™ crops, eligible to participate in offers, but is under no obligation to participate in any offer now or in the future. Grower may including pre-emergent use; withdraw his/her consent to the collection, use and disclosure of his/her personal information at any time, although in Grower shall use Seed containing Corteva Sourced Technology. • following burndown, use any AOPP herbicides (e.g., quizalofop, cyhalofop, haloxyfop, diclofop, fenoxaprop, some cases withdrawing consent may prevent Corteva from continuing this Agreement. Corteva Agriscience is fluazifop) not expressly labeled for Enlist corn on emerged Enlist corn; concerned about privacy issues and wants the Grower to be familiar with how Corteva collects, uses and discloses By signing below the undersigned represents and agrees that: (1) he/she has read and understands the terms and conditions of this Agreement, including the • following burndown, use any pyridine auxin herbicides (e.g., triclopyr, fluroxypyr) on emerged Enlist crops; information. Any information the Grower submits on this form will be handled in accordance with the Corteva Privacy Policy, which is available here: www.corteva.ca/en/privacy-policy.html. Corteva’s Privacy Policy terms and conditions on the next page, (2) he/she is fully authorized to enter into this Agreement on behalf of the Grower identified in the Grower Information • save, clean or use any crop produced from Seed for planting, and not to supply crop produced from Seed to describes Corteva’s practices in connection with information collected through the website or mobile application anyone for planting. The planting of any crop produced from Seed is not licensed and shall constitute Box below, and (3) the terms and conditions of this Agreement are legally binding on the Grower and all individuals and entities that will plant and grow crops infringement of Corteva’s Patents, unless specifically permitted by a written agreement with Corteva or a Corteva owned and controlled by Corteva from which the Grower is accessing the Privacy Policy, as well as offline where notice Licensee; is legally required. By providing personal information to Corteva, the Grower agrees to the terms and conditions of from Seed on behalf of the undersigned and the Grower. • plant Seed for seed production unless, and only if, Grower has entered into a valid, written Seed production Corteva’s Privacy Policy. agreement with Corteva or a Corteva Licensee, which agreement requires Grower to either physically deliver to 5. TERM AND TERMINATION: Corteva or the Corteva Licensee, sell for non-seed purposes or use for non-seed purposes all of the Seed By : produced; and not to purchase or otherwise obtain from Corteva or the Corteva Licensee any of the Seed This Agreement, once signed by Grower and accepted by Corteva, will remain in effect until terminated or Grower’s Authorized Signature Date Title of Person Signing produced unless, after physical delivery by Grower to Corteva or the Corteva Licensee, that Seed has been superseded. Grower or Corteva may terminate this Agreement at any time and for any reason by sending written conditioned, packaged and delivered by Corteva or the Corteva Licensee to Grower in the same manner as notice of termination to the other party at the address specified in section A, B or D above. In addition to the Seed sold by Corteva or the Corteva Licensee to growers who have not entered into a Seed production foregoing, Corteva reserves the right to revoke Grower’s right to use any Corteva Sourced Technologies upon notice agreement; and to the Grower. In the case of termination by Grower, such notice of termination must include Grower’s full name, address, • use or allow others to use Seed, plant any Seed, or use any crop or plant material produced from Seed, for crop and license number. Upon termination of this Agreement or a license granted hereunder with respect to any Corteva Printed Name of Person Signing Customer or Business Partner ID breeding, research, or generation of herbicide or other regulatory registration data. Grower may not conduct Sourced Technology for any reason, (i) Grower shall terminate the use of all Seeds containing the particular Corteva research on Grower’s crop produced from Seed. Sourced Technology which may require destruction; (ii) Grower shall return unused Seeds containing such Corteva GROWER INFORMATION – Complete Section A OR Section B – PLEASE PRINT CLEARLY Sourced Technology to Corteva at Grower’s cost; and (iii) Grower will no longer have a right to purchase or use Seed E E Grower further acknowledges and agrees that the limited license(s) granted herein do not convey or otherwise containing such Corteva Sourced Technology. Notwithstanding the foregoing, Grower’s obligations and Corteva’s transfer any ownership rights of Corteva Sourced Technology to Grower. GROWER INFORMATION – Complete Section A OR Section B – PLEASE NT rights that arose under the Agreement prior to termination will continue in effect. Section A – For Individual (Sole Proprietorship) Grower Section B – For Business Entity Grower 3. UPDATES AND DOCUMENTS THAT ARE PART OF THIS AGREEMENT: 6. CORTEVA SOURCED TECHNOLOGY FEES: CLEARLY The Update Notification is incorporated herein and deemed a material part of this Agreement once posted on the Corteva Grower agrees to pay a designated Corteva entity or Corteva Licensee all applicable fees that are a part of, associated with L L Agriscience™ website (www.traitstewardship.corteva.ca). For so long as Grower has a valid Agreement in effect with Corteva, Corteva will provide notice of Update Notifications to Grower to the email address or physical address or collected with the purchase and use of any Seed and/or Corteva Sourced Technology upon Corteva’s payment terms provided by Grower above. then in effect. Corteva reserves the right to change from time to time the amount of and how it charges Corteva Sourced Technology fees. Grower shall pay interest to Corteva on any past-due fees at the rate of 1.5% per month (18% per annum) Grower Name – First MI Last Business Name New Guides are incorporated herein and deemed a material part of this Agreement once posted on the Corteva or the maximum amount permitted by law, whichever is less, from the applicable due date for such fees until paid. Any Business Type (Check One): Corporation Partnership Agriscience website (www.traitstewardship.corteva.ca). Current Guides will be available from Seed Sellers, from Corteva directly and/or on the Corteva website (www.traitstewardship.corteva.ca). payments received by Corteva may be applied to unpaid fees, interest or other charges in Corteva’s discretion. P P Limited Liability Company (LLC) Other Until this Agreement is terminated or superseded as set out in Article 5, the terms and conditions of use set forth on 7. LIMITATIONS OF WARRANTIES AND REMEDIES: Farming or “Doing Business As” (d/b/a) Name the packaging (including bag tags) of Purchased Seed are incorporated herein and deemed a material part of this Agreement. Corteva warrants that the Corteva Sourced Technology contained in the Purchased Seed licensed Grower acknowledges and agrees that updates of this Agreement, any Update Notification and any Product Use Guide hereunder conforms to the written description(s) in the Update Notification(s) and on the packaging of the Purchased Authorized Representative published from time to time by Corteva are incorporated herein and deemed a material part of this Agreement once posted on the Seed when used in accordance with the directions and in compliance with this Agreement. This warranty applies only Full Address Corteva Agriscience website (www.traitstewardship.corteva.ca). to the Corteva Sourced Technology contained in Purchased Seed. Grower’s use of Seed after Corteva posts on the Corteva Agriscience website (www.traitstewardship.corteva.ca) updates of this THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY Full Address Agreement, an Update Notification or a Guide, or a new Update Notification or a new Guide, constitutes WARRANTIES OF MERCHANTABILITY AND/OR OF FITNESS FOR A PARTICULAR PURPOSE WHICH ARE M M Town Province Postal Code Grower’s acceptance of and agreement to be bound by the provisions of such updated or new documents. HEREBY DISCLAIMED. Inconsistencies among (i) the Update Notification, (ii) the Technology Use Agreement, (iii) relevant Because Corteva must have sufficient time to investigate any claim regarding the performance or non-performance Guide(s), each as posted on www.traitstewardship.corteva.ca at the time Grower opens a bag or container of Seed of Purchased Seed and/or Corteva Sourced Technology, no claim can be asserted against Town Province Postal Code for planting, and (iv) the packaging of the Purchased Seed, shall be resolved in the following order: first, in favor of the Corteva unless Grower gives notice to Corteva within fifteen (15) days after Grower first observes Phone Update Notification, second, the Technology Use Agreement, third, the Guide(s), and fourth, the packaging of the Purchased Seed. indications that the performance of the Purchased Seed and/or Corteva Sourced Technology is not as 4. STEWARDSHIP AND COMPLIANCE: warranted. A A Phone Grower agrees to read and follow all applicable Guides, the terms and conditions set forth on the GROWER’S EXCLUSIVE REMEDY FOR ANY CLAIM OR LOSS, INCLUDING, WITHOUT LIMITATION, CLAIMS E-mail Address packaging of the Purchased Seed, and product labels associated with Corteva Sourced Technology and Enlist Herbicides. You ALLEGING STRICT LIABILITY OR NEGLIGENCE, SHALL BE LIMITED TO i) REPAYMENT OF THE AMOUNT OF must follow the best management practices, recommendations, and guidelines provided in all applicable Guides. THE PURCHASE PRICE OR ii) REPLACEMENT OF THE AFFECTED PURCHASED SEED. IN NO EVENT SHALL Section C - Seed Supplier E-mail Address Grower agrees to read and follow all Insect Resistance Management (IRM) requirements CORTEVA, ITS AFFILIATES, DEALERS OR LICENSEES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, set forth in the Guide, including any requirements to establish and maintain a refuge. Failure PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH SEED AND/OR CORTEVA SOURCED TECHNOLOGY. CORTEVA AGRISCIENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND MAKES NO S S to follow IRM requirements can result in loss of access to insect protected hybrids for at least one year. Business Name Opt In: Please check box to receive electronic communications from Corteva AgriscienceTM STATEMENT WITH RESPECT TO THE ONGOING OR FUTURE REGULATORY STATUS, ACCEPTABILITY, Grower acknowledges that modification, revocation or cancellation of regulatory authorizations and/or registrations including, but not SUPPLY OR AVAILABILITY OF A BIOTECH TRAIT OR TRAIT STACK, INSECTICIDE, FUNGICIDE OR HERBICIDE Yes, I would like to receive agronomy advice, special offers, product information, news and updates through limited to, biotech or other trait(s), enabling technologies and/or enabled pesticide, herbicide or fungicide product(s) by PRODUCT COMPATIBLE WITH THE CORTEVA-SOURCED TECHNOLOGY, IN EACH CASE, CONTAINED IN THE electronic communications from Corteva Agriscience local, provincial, federal, or foreign regulatory agencies may occur and are outside the control of Corteva Agriscience. Grower agrees to always read and follow directions for use on pesticide, insecticide, fungicide or PURCHASED SEED PRODUCT. THE TERMS OF THE SEED SALE ARE INDEPENDENT OF THE REGULATORY Town Province Postal Code herbicide labeling as set forth in the Product Use Guide. Grower acknowledges and agrees to Grower’s obligation to follow STATUS OF ANY TECHNOLOGY CONTAINED IN, OR PRODUCT FOR USE WITH, THE SEED PRODUCT INCLUDING “Product Use Guide” and “Guide” mean the document(s) published and updated by Corteva from time to and adhere to any such modifications, revocations or cancellations. Grower further understands that regulatory status and PESTICIDE PRODUCTS, WHETHER MANUFACTURED AND/OR DISTRIBUTED BY CORTEVA OR ANY OTHER time that specify, among other things, stewardship management practices for Seed, Enlist Herbicides and available supplies of a biotech trait(s) and/or pesticide product may limit its availability for use in a particular growing season and/or PARTY. Section D - Corteva Corteva Sourced Technology. The Guide(s) for Purchased Seed shall become a part of this the marketability of the resulting grain crop. 8. ADDITIONAL PROVISIONS: Send completed paper agreements using one of the following options: Agreement, and Grower’s use of Corteva Sourced Technology is subject to the terms of the Guide posted at Grower acknowledges and agrees that, following burndown, the only 2,4-D-containing herbicide products that may be www.traitstewardship.corteva.ca, as may be updated from time to time by Corteva. Grower agrees to communicate all applicable terms, conditions and restrictions on Seed whether under this used with Enlist crops are products that feature Colex-D Technology and are expressly labeled for use on Enlist crops. 1. E-mail: agreements@agcelerate.com Agreement, a Guide, an Update Notification or otherwise to all persons and entities possessing or taking an interest in “Production Crop” means seed that Grower produces for Corteva or a Corteva Licensee pursuant to a valid Grower agrees to follow herbicide resistance management (HRM) practices, such as pre-and post-application field scouting and Grower’s Seed and grain therefrom. 2. Mail: AgCelerate production agreement, which crop is controlled by Corteva or the Corteva Licensee. reporting. Lack of herbicide efficacy must immediately be reported to Corteva. PO Box 221679 “Purchased Seed” means Seed that is purchased by Grower from a Seed Seller under a fully executed Except as provided herein, notices to Grower or to Corteva shall be sent to the addresses specified in sections A, B or Grower agrees to provide Grower’s reasonable cooperation to Corteva and the Representatives in connection with their D above. Charlotte, NC 28222-1679 Technology Use Agreement to which Grower and Corteva are parties, as amended pursuant to Update efforts to verify Grower’s compliance with stewardship, IRM, HRM and other requirements hereof, including, but not Notification(s), or otherwise. 1. DEFINITIONS: Each of the following terms shall have the meaning specified below: limited to, completing written and oral questionnaires and cooperating with Corteva and third party on-farm IRM compliance Grower agrees that should any information provided to Corteva herein change, Grower will promptly notify Corteva via “Representatives” means Corteva representatives and representatives of any owner of Corteva Sourced assessments. section D above. “Agreement” means, as of any date of determination, this Technology Use Agreement, the then current (i) Technology. Grower authorizes the Representatives to enter upon land, for three (3) years following where Grower has planted or Nothing in this Agreement shall be construed as a grant or license from Corteva to the Grower for the use of any Corteva Product Use Guide(s) and (ii) Update Notification(s), all of which are incorporated herein and deemed a “Seed” means agricultural planting seed containing Corteva Sourced Technology sold by Seed is growing Seed as well as any refuge area and access to bins, wagons or seed storage containers for trademark. Grower is required to enter a separate trademark license from Corteva to use any Corteva trademark(s), material part of this Agreement. Sellers. Seed may contain Third-Party Trait Technology that is subject to the provider’s separate purposes of examining the land and Grower’s crop and taking samples of crops, crop residue or seeds located including but not limited to those marks associated with the Enlist trait, seed, technology or products. licensing arrangements. thereof. Upon request, Grower shall supply Corteva with a list of all locations planted by or on behalf of Grower. “Colex-D® Technology” means a Corteva-proprietary herbicide technology package comprised of 2,4-D Grower’s rights under this Agreement may not be transferred or assigned to any other person, entity or third party “Seed Seller” means Corteva Agriscience and those entities authorized by Corteva to sell Seed. Such inspection, examination or sampling shall be available to Corteva and the Representatives only after Corteva or the choline, advanced formulation science and innovative manufacturing processes, which is specifically Representatives deliver or mail to the Grower written notification at least three (3) days in advance and Corteva or the without the prior written consent of Corteva. designed to provide ultra-low volatility, minimized potential for physical drift, decreased odor and improved “Seed Stock” means seed that is owned by Corteva or a Corteva Licensee that is made available to a Grower to produce a Production Crop. Representatives also have reasonably attempted to discuss the visits with the Grower in advance of the visit. This Agreement (including documents and updates incorporated herein pursuant to Article 3 hereof) handling characteristics. Corteva indemnification of Grower shall be limited to damage to seed crop fields, commercial crop fields or personal property constitutes the entire agreement between Grower and Corteva regarding the use of Purchased Seed and Corteva “Corteva” and “Corteva Agriscience” means, collectively, DAS, Pioneer, DuPont, and their affiliated “Third-Party Trait Technology” means proprietary trait technology from a technology provider other than Corteva. caused by Corteva employees or Representatives. For clarity, Corteva shall not indemnify Grower for Grower’s (or any other Sourced Technology. All prior agreements and understandings between Grower and Corteva with respect to companies. Purchased Seed and Corteva Sourced Technology are hereby superseded. person(s) acting on behalf of Grower) gross negligence, violation of this TUA, violation of any law or regulation or any other “Corteva Licensee” means an entity that has a valid, active agreement with DAS or Pioneer granting it a “Update Notification” means a communication to Growers with updated terms of this Agreement, which may damages, fines, penalties, enforcement, law suits or any other outcomes resulting from Grower’s decisions, actions or failure to act. If any provision in this Agreement is determined to be void or unenforceable, the remaining provisions shall remain in full force license to produce and sell Corteva seed trait technology in its seed products. include information regarding new and existing Corteva Sourced Technology, including (among other things) the Patents licensed under this Agreement and any new or modified Agreement terms. Each Update Corteva Agriscience is a member of Excellence Through Stewardship® (ETS). Corteva Seed and effect. “Corteva Sourced Technology” means proprietary germplasm and all current and future seed trait Notification for Purchased Seed shall become a part of this Agreement, and Grower’s use of Seed and/or products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in technology as set forth in applicable Update Notification(s). Corteva Sourced Technology currently covered as compliance with Corteva’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity The failure of Corteva or any Third-Party Technology providers to exercise one or more of its rights under this Corteva Sourced Technology following receipt of any Update Notification for Purchased Seed constitutes Licensed Rights by this Agreement includes, but is not limited to, the Patents listed in Update Crops. Any crop or material covered by this Agreement including, but not limited to, proprietary plant Agreement on one or more occasions shall not be deemed a waiver to exercise such right(s) on one or more subsequent Grower’s acceptance of all terms in the Update Notification. Notification(s) provided at the time of execution of this Agreement or thereafter. varieties and/or hybrid products can only be exported to, or used, processed or sold in countries where all occasions. 2. LIMITED LICENSE: Upon acceptance by Corteva of this Agreement, unaltered and duly executed by necessary regulatory approvals have been granted. It is a violation of national and international law to move material No class actions: Any dispute arising out of or relating to this Agreement may only be brought on an individual “DAS” and “Dow AgroSciences” mean Dow AgroSciences Canada Inc. Grower, Grower is granted and hereby accepts, on and subject to the terms and conditions of this containing biotech traits across boundaries into nations where import is not permitted. Growers must talk to their grain basis, and may not be resolved on behalf of a class, as a private attorney-general, or in any other representative capacity. “DuPont” means E. I. du Pont de Nemours and Company. Agreement, a limited, non-transferable, revocable, non-exclusive license by Corteva under the Licensed handler or product purchaser to confirm their buying position for these products, and Grower shall direct crops, grain, or material Grower shall not participate in or collect payment as a result of any class, collective, or other representative “Enlist™ Herbicides” means agricultural products that contain 2,4-D choline herbicide featuring Colex-D Rights solely to (i) purchase Seed from a Seed Seller or Corteva Licensee and (ii) to plant Purchased Seed to produced from Seed only to appropriate markets. Any crops, grain, or material produced from Seed can only be exported to, or used, processed, or sold in countries where all necessary regulatory approvals have been granted. action of any kind against Corteva. Technology. produce a single commercial crop in Canada in a single season or (iii) if Grower has entered into a current and valid seed production agreement with Corteva or a Corteva Licensee, plant Seed Stock to produce a Excellence Through Stewardship® is a registered trademark of Excellence Through Stewardship. Jurisdiction and Governing Law: The interpretation and enforcement of this Agreement shall be governed by the laws of “Grower” means the individual farmer or farming entity identified in the applicable Grower Information Box. single Production Crop in Canada provided that all such Production Crop is delivered to, or its disposition is the Province of Ontario and the federal laws of Canada without regard to its choice of law provisions. THE Upon the request of the Representatives, Grower shall furnish copies of invoices and other relevant documents for “Licensed Rights” means all patent claims, trade secrets, rights existing under the Canada Seeds Act and the controlled by, Corteva or the Corteva Licensee. Grower’s purchases of seed and chemical transactions, and Grower will disclose to the Representatives certain PARTIES AGREE TO CONSENT TO THE JURISDICTION OF THE APPROPRIATE ONTARIO COURT OR Canada Plant Breeders’ Rights Act (or its foreign equivalents), and other intellectual property rights In addition, when Grower purchases or receives Seed or Seed Stock and/or plants Purchased Seed or Seed information, including the locations of all fields, to confirm compliance with this Agreement following Corteva’s actual (or attempted) FEDERAL COURT OF CANADA FOR ALL DISPUTES ARISING UNDER THIS AGREEMENT. GROWER relating to Corteva Sourced Technology that are reasonably necessary for a Grower’s exercise of the Stock containing Enlist™ technology, Grower receives a limited license to use Enlist Herbicides in conjunction oral communication with Grower and not later than seven (7) days after the date of a written request from Corteva, including ACKNOWLEDGES THAT CORTEVA RESERVES ALL RIGHTS TO INITIATE AND PURSUE CLAIMS FOR VIOLATION limited license granted under numbered Article 2 herein with respect to Purchased Seed or Seed Stock. The with Enlist™ crops grown from such Purchased Seed or Seed Stock. This limited license only covers the locations of all fields planted with crops containing Corteva Sourced Technology, the identities of all herbicides OF INTELLECTUAL PROPERTY RIGHTS IN THE FEDERAL COURT OF CANADA IN ANY PLACE THAT COURT SITS. Licensed Rights as of any date of determination are set forth in the current Update Notification. Grower’s activities in Canada and does not authorize Grower to plant Seed in Canada that has been applied to these fields, and other data as specified in the Guide(s). Grower and Corteva unconditionally waive any right to trial by jury in any action, proceeding or counterclaim in any way purchased/acquired in another country or to plant Seed in another country that has been arising out of or relating to this Agreement. “Patents” means Corteva patents held in the United States and/or Canada. As Grower is claiming a tax exemption for the Purchased Seed, Grower hereby represents and warrants that: (i) Grower is in the purchased/acquired in Canada. “Pioneer” means Pioneer Hi-Bred Canada Company and Pioneer Hi-Bred Production Company. business of agricultural production, (ii) the Purchased Seed will be used solely for agricultural production, and, (iii) due to the Enforcement Costs: Grower agrees that Corteva and any owners of the patents covered by this Agreement shall be foregoing, Grower qualifies for a tax exemption, under applicable provincial tax laws, for the Purchased Seed. entitled to recover any costs or expenses, including, but not limited to, court costs or reasonable attorneys’ fees, it incurs in enforcing its rights under this Agreement. For further information or to view the current Technology Use Agreement, Update Notification or a Product Use Guide, go to www.traitstewardship.corteva.ca or contact Corteva For further information or to view the current Technology Use Agreement, Update Notification or a Product Use Guide, go to www.traitstewardship.corteva.ca or contact Corteva Agriscience at 1-800-667-3852. Revision date: June 2020 / Corteva Agriscience / Canada TUA Agriscience at 1-800-667-3852. Revision date: June 2020 / Corteva Agriscience / Canada TUA 12 13
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