
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2543]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
           SUBCHAPTER III--PLANT VARIETY PROTECTION AND RIGHTS
 
            Part K--Infringement of Plant Variety Protection
 
Sec. 2543. Right to save seed; crop exemption

    Except to the extent that such action may constitute an infringement 
under subsections (3) and (4) of section 2541 \1\ 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.
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    \1\ See References in Text note below.
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(Pub. L. 91-577, title III, Sec. 113, Dec. 24, 1970, 84 Stat. 1555; Pub. 
L. 103-349, Secs. 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, Sec. 3(a), Oct. 28, 1992, 106 Stat. 
4231.


                               Amendments

    1994--Pub. L. 103-349, Secs. 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, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in section 2541 of this title.
