News

New Jersey nursery forced to destroy illegal Knock Out roses

The Conard-Pyle Co. recently reached a settlement with a nursery in southern New Jersey that was illegally propagating and selling Knock Out roses. Conard-Pyle imposed a substantial financial penalty and required the nursery to immediately destroy all infringing plants.

The nursery was in violation of United States Plant Patent Laws that state that no one may asexually propagate or sell any patented plant without the permission of the patent owner.

"Illegal propagation is a matter that we take very seriously," said Jacques Ferare, vice president of license for The Conard-Pyle Co. "As the introducer of the Knock Out roses, we are committed to ensuring that Knock Out plants are grown only by legitimate growers. This not only protects these legitimate nurseries, it also guarantees that the consumer is getting the real thing and not a knockoff."

This settlement falls on the heels of an arrangement Conard-Pyle and other nurseries made with Plant Watch to help enforce intellectual property rights.

For more: www.conard-pyle.com.

NEWS NOTES

IRS offers estate tax extension

The IRS announced that large estates of people who died in 2010 will have until early next year to file various required returns and pay any estate taxes due. In addition, the IRS is providing penalty relief to certain beneficiaries of these estates on their 2010 federal income tax returns.

This relief is designed to give large estates, normally those over $5 million, more time to comply with key tax law changes enacted late last year. Revised versions of the estate tax forms are now available on IRS.gov, and the carryover basis form will be released this fall.

Large estates opting out of the estate tax will have until Tuesday, Jan. 17, 2012, to file Form 8939. This special carryover basis form, required of estates making this choice, was previously due on Nov. 15, 2011. Because this is a change in the specified due date rather than an extension, no statement or form needs to be filed with the IRS to have this new due date apply.

2010 estates that request an extension on Form 4768 will have until March 2012 to file their estate tax returns and pay any estate tax due.
 

Eastern Canadian Peat Harvest Down

The Canadian Sphagnum Peat Moss Association confirmed that harvest "has been very difficult this year in the east with only 15 to 30 percent of historically targeted requirements having been met." Current conditions are so restricting that the harvest season is effectively completed.

Continuous and heavy rainfall conditions throughout eastern Canadian peat harvest regions have impacted the ability of the industry to harvest expected volumes. The areas hardest hit are the provinces of New Brunswick and Québec. These areas account for 60 to 70 percent of all of Canada's peat production. The outcome is that overall, the industry is facing one of its poorest peat harvest seasons.

In western Canada, weather conditions have been better and harvest is continuing in some locations. However, potential area of harvest represents approximately 30 to 40 percent of the total Canadian production.
 

H-2B wage rule delayed 60 days

The Department of Labor is delaying the implementation of the H-2B wage rule by 60 days. The new regulation specifies a 40 to 50 percent wage increase for all H-2B holders and would have taken effect Sept. 30. Instead, it's been delayed until Nov. 30.

The Appropriations Committee adopted an amendment blocking DOL from enforcing the rule.

For more: Professional Landcare Network, www.landcarenetwork.org.