Washington State University

College of Agricultural, Human, and Natural Resource Sciences

Thank you for your interest in Cosmic Crisp!

The drawing to be among the first to grow COSMIC CRISPTM Brand WA 38 variety apples is now closed. We are extremely pleased to have received more than 445 applications! Growers whose numbers are drawn will be notified by June 30, 2014.

For more information about Cosmic Crisp, visit To learn more about the WSU Apple Breeding program, visit

+The WA 38 Drawing

The drawing to distribute WA 38 apple trees to Washington growers will include a small number of trees available in 2016, with the remainder available in 2017. The drawing will be a two-tiered process. Tier 1 will consist of approximately 12 lots of between 3,000 and 5,000 trees each. Tier 2 will consist of approximately 12 lots of up to 20,000 trees each. The first two, randomly selected growers in Tier 2 will have first right of refusal for the 2016 trees. The variety will be named and appropriately trademarked to optimize the marketing of the fruit. If the number of applicants is less than the number of lots, then the maximum number of trees per lot will be increased accordingly.

Online applications will be accepted April 1 through May 31, 2014. The drawing will take place on June 6, 2014. Applications chosen to receive a tree allocation will be notified shortly thereafter. Each application will be assigned a number. Using a random number generator, the first 12 numbers drawn in Tier 1 and the first 12 in Tier 2 will be offered licenses. Selected applicants will be provided with an official licensing agreement to be signed within 30 days.

The WSU license agreement requires growers who are allocated trees, including LLCs and similar entities, to certify that all trees will be planted and grown in Washington State, and that all fruit must be packed and sold from the state.

WA 38 trees will be available only from NNII nurseries and their licensed affiliates. Being selected for a tree allocation in the drawing only guarantees designees the right to purchase a specific number of WA 38 trees. WSU cannot guarantee the availability, quality, or price of the trees. Selected applicants will be given a list of licensed NNII nurseries and licensed affiliates. Successful applicants will then make their own arrangements with nurseries to obtain trees and any needed rootstock materials.

In discussions that occurred as part of the information sessions in Wenatchee and Yakima, attendees requested a clarification of the certification standards that would be used for the trees grown sale. The trees that are being grown for allocation by the drawing as well as for the future will be grown as per standards that have been adopted by the nursery industry to facilitate the propagation and sale of trees of the highest quality for commercial production. The trees can all be traced back to stock plants that were tested for designated pathogens at the Clean Plant Center located at the IAREC near Prosser. The status of the trees is recorded by a system for classifying trees developed by a national committee working under the National Clean Plant Network. The system has been adopted by many states and for a variety of vegetatively propagated crops. The system identifies trees as based on the number of propagation cycles or generations (G) from the foundation block.

G1 – Trees extensively tested for pathogens by the foundation program operated by the Clean Plant Center-NW at WSU-Prosser
G2 – Trees propagated from a G1 source, using seedling rootstocks or clonal rootstocks from a specifically tested source, and grown under G2 specifications by a certified nursery and monitored by the certifying agency (like the Washington State Department of Agriculture)
G3 – Trees propagated from a G1 or G2 source onto seedling rootstocks or clonal rootstocks from a specifically tested source and then grown under G3 specifications by a certified nursery and monitored by the certifying agency.  G3 trees that meet certain specifications may serve as a source for other G3 trees provided they meet rigorous testing requirements. Trees in Registered blocks of commercial nurseries are typically G3 trees.
G4 – Trees propagated by a certified nursery from either a G2 or G3 source and monitored by the certifying agency.  These trees are then sold as certified stock to growers.

Trees allocated by the drawing and sold for commercial production will qualify as G4.

Given the importance of market creation to the success of any variety, WSU is asking those allocated trees in the drawing to designate the packer that will pack the fruit and the marketing desk that will handle the marketing. An agent of WSU will contact the designated packers and marketing desks prior to production to commit them to packing and marketing the fruit. Packers that want to participate in the program will sign a WSU license agreement and pay a yet-to-be-determined annual fee for the right to pack the fruit. Marketers will sign a license agreement with WSU for the right to market and use the WSU trademark for this apple in advertising. As part of the agreement, the packers will be required to collect production royalties on each box of fruit sold (see explanation below). Working with the packers and marketing desks will help ensure that the apples that growers produce get to consumers.

Tree and production royalty rates: The royalty rate on the sale of WA 38 trees will be $1.00/tree and will be due when trees are purchased from NNII nurseries and NNII licensed affiliates in 2016 and 2017. The same rates and restrictions will apply to budwood, when it becomes available for sale.

There will also be a royalty on the production of fruit under the trademark name. This will be based on the F.O.B. price of each box sold, under a 40-lb. trade pack equivalent or similar industry system, as follows:

  • For a box of fruit sold at less than $20, no royalty will be due.
  • At $20/box, but less than $35/box, a $1 royalty will be due.
  • At $35/box, but less than $50/box, a $2 royalty will be due.
  • At $50/box, and above, a $3 royalty will be due.
+License Example
Plant Variety Licensing, WSU ARC, PO Box 646240, Washington State University, Pullman WA 99164-6240, 509.335.3691, Contact Us
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