7 U.S.C. § 2543 | Right to save seed; crop exemption

1 See References in Text note below.

section 2567 of this titleExcept 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 that the actions of the purchaser constitute an infringement.

Pub. L. 91–577, title III, § 113Dec. 24, 197084 Stat. 1555 Pub. L. 103–349Oct. 6, 1994108 Stat. 3142(, , ; , §§ 10, 13(s), , , 3144.)

Editorial Notes

References in Text

section 2541 of this title section 2541 of this title section 2541 of this title Pub. L. 102–560, § 3(a)Oct. 28, 1992106 Stat. 4231Subsections (3) and (4) of , referred to in text, probably means paragraphs (3) and (4) of , which were redesignated subsection (a)(3) and (4) of by , , .

Amendments

Pub. L. 103–349Providedsection 2541(3) of this title1994—, §§ 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: , That without regard to the provisions of 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–349Oct. 6, 1994section 15 of Pub. L. 103–349 section 2401 of this titleAmendment by effective 180 days after , see , set out as a note under .