§ 2532. Ownership during testing

Statutory text

An owner who, with notice that release is for testing only, releases possession of seed or other sexually reproducible or tuber propagable plant material for testing retains ownership with respect thereto; and any diversion from authorized testing, or any unauthorized retention, of such material by anyone who has knowledge that it is under such notice, or who is chargeable with notice, is prohibited, and violates the property rights of the owner. Anyone receiving the material tagged or labeled with the notice is chargeable with the notice. The owner is entitled to remedy and redress in a civil action hereunder. No remedy available by State or local law is hereby excluded. No such notice shall be used, or if used be effective, when the owner has made identical sexually reproducible or tuber propagable plant material available to the public, as by sale thereof.

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.

1970
Pub. L. 91–577 title III § 102 · 84 Stat. 1542
Enacted · 7 U.S.C. § 2532
Pub. L. 91–577, title III, § 102, Dec. 24, 1970, 84 Stat. 1554
Source evidence
Code source credit
Pub. L. 91–577, title III, § 102, Dec. 24, 1970, 84 Stat. 1554
Enacted provision · exact public law section
Sec. 102. Ownership During Testing. An owner who, with notice that release is for testing only, releases possession of seed or other sexually reproducible plant material for testing retains ownership with respect thereto; and any diversion from authorized testing, or any unauthorized retention, of such material by anyone who has knowledge that it is under such notice, or who is chargeable with notice, is prohibited, and violates the property rights of the owner. Anyone receiving the material tagged or labeled with the notice is chargeable with the notice. The owner is entitled to remedy and redress in a civil action hereunder. No remedy available by State or local law is hereby excluded. No such notice shall be used, or if used be effective, when the owner has made identical sexually reproducible plant material available to the public, as by sale thereof.
1994
Plant Variety Protection Act Amendments of 1994
Pub. L. 103–349 § 8(d)(2) · 108 Stat. 3136
Inserted · 7 U.S.C. § 2532
Pub. L. 103–349 inserted “or tuber propagable” after “sexually reproducible” in two places
Source evidence
Code amendment note
Pub. L. 103–349 inserted “or tuber propagable” after “sexually reproducible” in two places.
Enacted provision · exact public law section
(2) Section 102 (7 U.S.C. 2532) is amended by inserting “or tuber propagable” after “sexually reproducible” each place it appears.
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—Pub. L. 103–349 inserted “or tuber propagable” after “sexually reproducible” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

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.

Credits

1970–1994 · 2 acts

1970Pub. L. 91–577, title III, § 102, Dec. 24, 1970, 84 Stat. 1554
1994Pub. L. 103–349, § 8(d)(2), Oct. 6, 1994, 108 Stat. 3141.

Show as published

(Pub. L. 91–577, title III, § 102, Dec. 24, 1970, 84 Stat. 1554; Pub. L. 103–349, § 8(d)(2), Oct. 6, 1994, 108 Stat. 3141.)