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.
Pub. L. 91–577, title III, § 10284 Stat. 1554Pub. L. 103–349, § 8(d)(2)108 Stat. 3141(, , ; , , .)
Editorial Notes
Amendments
Pub. L. 103–3491994— inserted “or tuber propagable” after “sexually reproducible” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–349section 15 of Pub. L. 103–349section 2401 of this titleAmendment by effective 180 days after , see , set out as a note under .