§ 2543. Right to save seed; crop exemption

Footnotes

1. 1 See References in Text note below.

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. 1970

   Pub. L. 91–577 title III § 113 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2543

   Pub. L. 91–577, title III, § 113, Dec. 24, 1970, 84 Stat. 1555

   Source evidence

   Code source credit
   Pub. L. 91–577, title III, § 113, Dec. 24, 1970, 84 Stat. 1555

   Enacted provision · exact public law section
   Sec. 113. Right To Save Seed; Crop Exemption. Except to the extent that such action may constitute an infringement under subsections (3) and (4) of section 111, it shall not infringe any right hereunder for a person to save seed produced by him from seed obtained, or descended from seed obtained, by authority of the owner of the variety for seeding purposes and use such saved seed in the production of a crop for use on his farm, or for sale as provided in this section: Provided, That without regard to the provisions of section 111(3) it shall not infringe any right hereunder for a person, whose primary farming occupation is the growing of crops for sale for other than reproductive purposes, to sell such saved seed to other persons so engaged, for reproductive purposes, provided such sale is in compliance with such State laws governing the sale of seed as may be applicable. A bona fide sale for other than reproductive purposes, made in channels usual for such other purposes, of seed produced on a farm either from seed obtained by authority of the owner for seeding purposes or from seed produced by descent on such farm from seed obtained by authority of the owner for seeding purposes shall not constitute an infringement. A purchaser who diverts seed from such channels to seeding purposes shall be deemed to have notice under section 127 that his actions constitute an infringement.

2. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 · 108 Stat. 3136

   1. Substituted · 7 U.S.C. § 2543

      Pub. L. 103–349, §§ 10, 13(s)(1), in first sentence substituted “produced by the person” for “produced by him”

   2. Substituted · 7 U.S.C. § 2543

      Pub. L. 103–349, §§ 10, 13(s)(1), in first sentence substituted “the farm of the person” for “his farm”

   3. Substituted · 7 U.S.C. § 2543

      Pub. L. 103–349, §§ 10, 13(s)(1), in first sentence substituted “section.” for “section: Provided, That without regard to the provisions of section 2541(3) of this title it shall not infringe any right hereunder for a person, whose primary farming occupation is the growing of crops for sale for other than reproductive purposes, to sell such saved seed to other persons so engaged, for reproductive purposes, provided such sale is in compliance with such State laws governing the sale of seed as may be applicable.”

   Source evidence

   Code amendment note
   Pub. L. 103–349, §§ 10, 13(s)(1), in first sentence substituted “produced by the person” for “produced by him”, “the farm of the person” for “his farm”, and “section.” for “section: Provided, That without regard to the provisions of section 2541(3) of this title it shall not infringe any right hereunder for a person, whose primary farming occupation is the growing of crops for sale for other than reproductive purposes, to sell such saved seed to other persons so engaged, for reproductive purposes, provided such sale is in compliance with such State laws governing the sale of seed as may be applicable.”

   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.

3. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 13(s)(2) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2543

   Pub. L. 103–349, § 13(s)(2), substituted “the actions of the purchaser” for “his actions” in third sentence

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–349, § 13(s)(2), substituted “the actions of the purchaser” for “his actions” in third sentence.

   Enacted provision · exact public law section
   (2) in the third sentence, by striking “his actions” and inserting “the actions of the purchaser”.

   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 5 references resolved to an enrolled provision · 3 partial