This week, thousands have visited Cesar Mora’s farm in California to collect free nectarines. Facing a legal issue, Mora has decided to give away his crop rather than let it spoil. He shares that distributing over 100,000 pounds of the fruit since Monday has been heartening, despite the challenging circumstances.
“It was really just a thought of not wasting a perfectly good product,” Mora expressed. “It does make a grower feel good, being able to share my fruit with people and see their immediate reaction that they love it. It’s a little bit of good in this tough situation that I’ve been dealing with.”
Legal Tensions in Agriculture
Mora’s legal tussle underscores the conflicts between individual farmers, plant breeders, and large food marketing firms. Since 2023, Mora, a third-generation farmer from Reedley in Central Valley, has faced a lawsuit from Giumarra Brothers Fruit Co. The lawsuit claims exclusivity over a white nectarine variety and accuses Mora of breaching a contract by selling to other packers. A court trial is scheduled for later this month.
“At its heart, this is a disagreement involving two written agreements, and it is being resolved the right way — in court and on the facts,” Giumarra stated.
Mora has accused the company of engaging in unfair and fraudulent practices. A photograph shows Mora beside nectarines ready for giveaway at his Reedley orchard amid the ongoing contract dispute.
Increasing Prevalence of Fruit Patents
The dispute involves the “Monalise” nectarine, known for its sweet taste. Giumarra argues in court that Star Fruits Diffusion, a French company, holds monopoly rights over “Monalise”, and Giumarra can sublicense it for testing and sales. Star Fruits Diffusion did not comment.
Breeding new crop varieties has been ongoing for years, with successful examples like the Rainier cherry and Honeycrisp apple. As fruit patents become more widespread, growers and companies enter agreements that allow breeders to earn royalties. A similar case involved Minnesota apple growers suing over exclusive rights to the “SweeTango” apple, resulting in a settlement.
Nectarine Dispute in the Central Valley
The Central Valley, covering 51,800 square kilometers, is crucial to U.S. agriculture, supplying 40% of America’s fruits, nuts, and table foods. Court files show Mora signed a sublicensing deal with Giumarra in 2017 to grow and sell the “Monalise.”
The agreement obligated Mora to pay a $2.50 royalty per tree and a 4% royalty on gross sales. Giumarra disputes Mora’s claim that half the nectarines in 2020 were wasted. Mora argues Giumarra breached their marketing agreement by selling nectarines to Taiwan, not the stipulated U.S. and Canada.
Mora terminated dealings with Giumarra in 2023, selling to a different packer. Giumarra’s ensuing lawsuit barred his fruit sales during the court case. Mora’s lawyers claim Giumarra has not substantiated its licensing rights. Despite no U.S. plant patent, Mora says the company lured him with promises of exclusive fruit rights.
Judge Jon Skiles allows the breach of contract claim to continue, affirming the validity of Mora’s agreement with Giumarra.
Local volunteers in “No Nectarines Wasted” shirts help bag free nectarines at Mora’s orchard.
Impact of Legal Challenges on Farmers
Mora explains the protracted legal battle is disheartening. Despite growing prosperous peaches and plums, he misses a quarter of his income from nectarine sales. Mora hopes the outcome will enhance protection for farmers.
Locals help distribute free fruit, raising support funds through a GoFundMe. “The only saving grace through all this is being able to share it with the public,” Mora reflects, highlighting the public’s enjoyment of his nectarines.