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Campus Policy Number 750-91

Policy for Disposal or Sale of Surplus Plant Material Growing on Agricultural Experiment Station (AES) Land

Policy Owner:  CNAS Dean's Office

Effective Date: 2/26/07




  1. PURPOSE
  2. Guidelines for disposal or sale of agricultural plant material growing on AES land that has been determined to be surplus to teaching, research or other activities.

  3. DEFINITIONS
    1. AGRICULTURAL PLANT MATERIAL - for the purpose of this policy, surplus plant material which was grown on AES land.
    2. CROP DESTRUCTION - is the act of destroying a crop or other plant material, grown on the AES that has been designated for destruction by the Principal Investigator or the Superintendent of Agricultural Operations. Crops that are usually designated for destruction include breeders' plants, plants in variety evaluation studies, crops treated with unregistered pesticides, and crops that are otherwise not to be consumed.
    3. NET INCOME - sales revenue remaining following payment of expenses associated with making agricultural plant material available for disposition. Such expenses are beyond the needs of teaching and research and typically include advertising, handling, freight, and harvest.
    4. NON-UNIVERSITY ORGANIZATIONS AND INDIVIDUALS - organizations and individuals acting on their own behalf that are not directly affiliated with UCR.
    5. NON-UNIVERSITY MATERIALS - Plant material may be property of The Regents or materials owned by others may be transferred for University research use under a material transfer agreement, research agreement, service agreement or like document, which stipulates the return or disposal of the plant materials at the end of the UC researcher's evaluation.
    6. The Principal Investigator will be responsible for complying with the contractual terms of any such agreement regarding disposition of the plant materials and provide suitable instructions to the Superintendent of Agricultural Operations at the end of the evaluation.

  4. POLICY
    1. RESPONSIBILITY
      1. Agricultural Operations is the unit responsible for growing and disposing of agricultural crops and plant material.
      2. Agricultural Operations shall maintain internal inventory and accounting controls and records for donated and disposed agricultural plant material.
      3. Sales of surplus agricultural plant material, including donated plant material, must be approved in writing in advance by the CNAS Executive Associate Dean of the Agricultural Experiment Station and Cooperative Extension. Agricultural Operations may retain, with prior approval of the CNAS Executive Associate Dean, net income from the sale of agricultural plant material to support its activities that produced and maintained the plant material.
    2. DISPOSITION
      1. When agricultural plant material has been released for disposal by the Principal Investigator or has otherwise been determined to have no teaching, research or other operational value, meets any material transfer agreements held by the Principal Investigator, and is not scheduled for crop destruction, the Superintendent of Agricultural Operations will determine if the plant material has sufficient Fair Market Value to return a positive net income as a saleable release and if there is adequate time to pursue sale procedures.
        1. If it is determined that the surplus material is saleable agricultural plant material and there is time to proceed with the sale, the sale will be conducted according to this policy.
        2. If the surplus agricultural plant material is deemed not to have value or there is not time to proceed with the sale within the policy, the plant material will be destroyed.
        3. Donation Exception: donation of surplus agricultural plant material to an acceptable charitable organization, at no cost to Agricultural Operations, may be done subject to advance written approval of the CNAS Executive Associate Dean of the Agricultural Experiment Station and Cooperative Extension.
        4. Claims by Donor Exception: plant material originally donated to the University for planting on the Experiment Station is the sole property of the University. Any claims for the surplus agricultural plant material by a donor or donors of the original plant material are to be addressed subject to advance written approval of the CNAS Executive Associate Dean of the Agricultural Experiment Station and Cooperative Extension.
        5. The basis for the fair market value established for surplus agricultural plant material shall be documented and, where possible, determined based upon consultation with UC Cooperative Extension Specialists or Farm Advisors; from published sources; or by consultation with credible private industry sources.
      2. When it is determined that the surplus agricultural plant material is of no immediate use within the University system and has sufficient value so as to proceed with a sale, it may be disposed of in one of the ways indicated in priority order below:
        1. Sale to another campus unit;
        2. Trade in on new material;
        3. Closed bid public sale to the highest bidder;
        4. Sale to organizations that have contracted to purchase, at a fair market value, saleable research release plant material as available;
        5. Sale on a first-come, first-served basis, if a fair market value has been established by the Superintendent of Agricultural Operations and the availability and the price of the item(s) are made known to the general public through newspaper advertising and/or other announcements;
        6. Private sale to an individual or other non-university entity, when factoring the cost, time sensitivity of the material and effort involved in arranging for sale by the methods in a-e, above, would be disproportionate to the time available (material shelf life) and return expected, and the Superintendent of Agricultural Operations has determined that the sales price is reasonable.
      3. Sales of surplus agricultural plant material to UCR employees, or to their near relatives, are prohibited except under the following circumstances:
        1. During a public auction or sale
        2. When purchased through a vendor under contract with UCR who simultaneously offers the same commodities to the general public.
        3. Upon written exception by the CNAS Executive Associate Dean of the Agricultural Experiment Station and Cooperative Extension.
        4. No one employed in Agricultural Operations or a near relative of such employees, may purchase agricultural products from the University.
      4. Plant material that has been sold is to be removed by the buyer at no cost to Agricultural Operations. Buyer must meet University requirements as to insurance liability before entering University property to remove the plant material. Buyer is to reimburse the University for any damages to University property caused by the Buyer or representatives and equipment of the Buyer during removal of the plant material. Buyer accepts plant material as is and releases the University from any liability after completion of the sale.
      5. Agricultural plant material purchased from the AES may subsequently be donated to UCR only under unique circumstances and with prior written approval of the Executive Associate Dean of the Agricultural Experiment Station and Cooperative Extension. Such donations may be permitted only if the plant material is necessary to teaching, research, or other activities and if the donated value does not exceed the sale price to the purchaser. Such donations are not permitted if the purchaser is a near relative of an employee in the Agricultural Operations Unit.