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Title 7 — Agriculture

Part A · Chapter 57 — Plant Variety Protection

§ 2327. Plant Variety Protection Board

Statutory text

(a)

Appointment

The Secretary shall appoint a Plant Variety Protection Board. The Board shall consist of individuals who are experts in various areas of varietal development covered by this chapter. Membership of the Board shall include farmer representation and shall be drawn approximately equally from the private or seed industry sector and from the sector of government or the public. The Secretary or the designee of the Secretary shall act as chairperson of the Board without voting rights except in the case of ties.

(b)

Functions of Board

The functions of the Plant Variety Protection Board shall include:

(1)

Advising the Secretary concerning the adoption of Rules and Regulations to facilitate the proper administration of this chapter;

(2)

Making advisory decisions on all appeals from the examiner. The Board shall determine whether to act as a full Board or by panels it selects; and whether to review advisory decisions made by a panel. For service on such appeals, the Board may select, as temporary members, experts in the area to which the particular appeal relates; and

(3)

Advising the Secretary on all questions under section 2404 of this title.

(c)

Compensation of Board

The members of the Plant Variety Protection Board shall serve without compensation except for standard government reimbursable expenses.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 91–577 title I § 7 · 84 Stat. 1542

    Enacted · 7 U.S.C. § 2327

    Pub. L. 91–577, title I, § 7, Dec. 24, 1970, 84 Stat. 1543

    Source evidence

    Code source credit
    Pub. L. 91–577, title I, § 7, Dec. 24, 1970, 84 Stat. 1543

    Enacted provision · exact public law section
    Sec. 7. Plant Variety Protection Board. (a) Appointment.— The Secretary shall appoint a Plant Variety Protection Board. The Board shall consist of individuals who are experts in various areas of varietal development covered by this Act. Membership of the Board shall include farmer representation and shall be drawn approximately equally from the private or seed industry sector and from the sector of government of the public. The Secretary or his designee shall act as chairman of the Board without voting rights except in the case of ties. (b) Functions of Board.— The functions of the Plant Variety Protection Board shall include: (1) Advising the Secretary concerning the adoption of Rules and Regulations to facilitate the proper administration of this Act; (2) Making advisory decisions on all appeals from the examiner. The Board shall determine whether to act as a full Board or by panels it. selects; and whether to review advisory decisions made by a panel. For service on such appeals, the Board may select, as temporary members, experts in the area to which the particular appeal relates; and (3) Advising the Secretary on all questions under section 44. (c) Compensation of Board.— The members of the Plant Variety Protection Board shall serve without compensation except for standard government reimbursable expenses.

  2. Plant Variety Protection Act Amendments of 1994

    Pub. L. 103–349 § 13(a) · 108 Stat. 3136

    Substituted · 7 U.S.C. § 2327(a)

    Pub. L. 103–349 substituted “the designee of the Secretary shall act as chairperson” for “his designee shall act as chairman” in last sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–349 substituted “the designee of the Secretary shall act as chairperson” for “his designee shall act as chairman” in last sentence.

    Enacted provision · exact public law section
    (a) The last sentence of section 7(a) (7 U.S.C. 2327(a)) is amended by striking “his designee shall act as chairman” and inserting “the designee of the Secretary shall act as chairperson”.

    Effective date note
    Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–349 substituted “the designee of the Secretary shall act as chairperson” for “his designee shall act as chairman” in last sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–349 effective 180 days after , see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.

Credits

1970–1994 · 2 acts
  1. 1970Pub. L. 91–577, title I, § 7, , 84 Stat. 1543
  2. 1994Pub. L. 103–349, § 13(a), , 108 Stat. 3142.
Show as published

(Pub. L. 91–577, title I, § 7, , 84 Stat. 1543; Pub. L. 103–349, § 13(a), , 108 Stat. 3142.)

Parsed from the official OLRC USLM XML in data/usc_all/usc07.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t7/s2327