Thousands have visited Cesar Mora’s farm in central California to collect free nectarines. Mora has chosen to distribute his harvest to avoid it going to waste amid a legal dispute with a company claiming exclusive rights to the white nectarine variety he grows. Mora has given away more than 100,000 pounds of fruit since Monday.
“I wanted to prevent wasting a perfectly good product,” Mora said. “Sharing my fruit and witnessing people’s positive reactions brings some joy in this challenging situation I’m facing.”
Legal Tensions Between Farmers and Breeders
This dispute underscores the potential conflicts between farmers and plant breeders or industrial marketers who develop new plant varieties and hold exclusive selling rights. Mora, a third-generation farmer from Reedley, California, has been embroiled in a lawsuit since 2023 with Giumarra Brothers Fruit Co. The company alleges Mora breached their contract by selling his fruit to other packers. A trial is slated for later this month.
“This disagreement revolves around two written agreements and it will be resolved in court based on facts,” the company stated.
Mora accuses the company of unfair practices and stands beside bins of nectarines during a giveaway, while workers pick fruit at his orchard.
The Rise of Fruit Patents
The conflict centers on a white nectarine variety known as “Monalise,” which boasts a sweeter taste. Giumarra claims all rights to Monalise belong to Star Fruits Diffusion, a French company that collaborates with plant breeding programs. Giumarra holds sublicensing rights for testing, production, and sale.
Fruit patents are on the rise. A patent allows breeders to collect royalties from the fruit trees and their produce. An example includes a 2010 lawsuit where apple growers sued the University of Minnesota for granting exclusive rights to its SweeTango apple. The case was settled, allowing more orchards to grow the apple variety.
Dispute in California’s Central Valley
California’s Central Valley, producing 40% of the U.S. fruits and nuts, is where this legal struggle unfolds. Mora signed a sublicensing agreement with Giumarra in 2017, which permitted him to grow Monalise nectarines, and a marketing agreement in 2019, requiring sales through Giumarra.
Under these agreements, Mora was to pay Giumarra a royalty per tree and a production royalty on sales. Mora alleges Giumarra discarded a portion of his nectarines in 2020, affecting his profits. Giumarra disputes this and other claims by Mora regarding nectarines sold abroad. When Mora terminated their relationship and sold fruits elsewhere, Giumarra sued him.
Mora’s attorneys claim Giumarra did not provide necessary documents regarding the nectarine variety license. However, a judge ruled Giumarra’s breach of contract claim could proceed, indicating the agreement’s validity regardless of patent existence.
Impact on Farmers
The ongoing legal battle is disheartening for Mora, who also grows peaches and plums outside of any Giumarra agreements. He has lost a quarter of his income due to the inability to sell his nectarines. Mora wishes for more legal protections for growers, while Giumarra is prepared to present evidence at trial.
Despite the challenges, Mora takes solace in sharing his nectarines with the public. Volunteers, wearing “No Nectarines Wasted” shirts, help distribute the fruit as Mora raises funds through a GoFundMe page. “Sharing with the public is the only positive outcome,” Mora remarked.
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