7-U.S.C.-2543
§2543 – Right to Save Seed; Crop Exemption
Pathway
Title 7 > Chapter 57 > Subchapter III > Part K > Section 2543
Details
- Reference: Section 2543
- Legend: §2543 – Right to Save Seed; Crop Exemption
- USCode Year: 2013
Provision Content
Except to the extent that such action may constitute an infringement under subsections (3) and (4) of section 2541 of this title, it shall not infringe any right hereunder for a person to save seed produced by the person 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 the farm of the person, or for sale as provided in this section. 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 2567 of this title that the actions of the purchaser constitute an infringement.
(Pub. L. 91–577, title III, §113, Dec. 24, 1970, 84 Stat. 1555; Pub. L. 103–349, §§10, 13(s), Oct. 6, 1994, 108 Stat. 3142, 3144.)
References in Text
Subsections (3) and (4) of section 2541 of this title, referred to in text, probably means paragraphs (3) and (4) of section 2541 of this title, which were redesignated subsection (a)(3) and (4) of section 2541 of this title by Pub. L. 102–560, §3(a), Oct. 28, 1992, 106 Stat. 4231.
Amendments
1994—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.”
Pub. L. 103–349, §13(s)(2), substituted the actions of the purchaser” for his actions” in third sentence.
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.
U.S. Encyclopedia of Law Coverage
7-U.S.C.-2486 in the Legal Encyclopedia: Agriculture
In this entry about 7-U.S.C.-2486, find legal reference material, bibliographies and premiere content related to agriculture in the American Encyclopedia of Law, presenting a comprehensive view of the United States agriculture-specific issues, written by authorities in the field.
Part H – Certificates of Plant Variety Protection in the Legal Encyclopedia: Plant Variety Protection
In this entry about Part H – Certificates of Plant Variety Protection, find legal reference material, bibliographies and premiere content related to plant variety protection in the American Encyclopedia of Law, presenting a comprehensive view of the United States plant variety protection-specific issues, written by authorities in the field.
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