7 U.S.C. § 2543 — Right to save seed; crop exemption
submitted 56 years ago by Pub. L. 91-577 to r/title-7-AGRICULTURE · 178 words · no verdicts yet
A person may save seed obtained with the owner’s authority and use it to grow a crop on the person’s farm or sell it as allowed here. An ordinary nonreproductive sale is not infringement, but a buyer who redirects seed for planting is treated as having notice of infringement.
Except to the extent it infringes under section 2541(3) or (4), a person may save seed produced from seed obtained, or descended from seed obtained, with the variety owner’s authority for seeding. The person may use the saved seed to grow a crop for use on the person’s farm or for sale as this section allows. A genuine sale for a nonreproductive purpose through ordinary channels is not infringement when the seed was produced on a farm from authorized seed or from seed descended from authorized seed. A buyer who diverts that seed into planting is treated under section 2567 as knowing that the buyer’s actions infringe.
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.
Source credit: (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.)
- 1970Enacted · Pub. L. 91-577 · 84 Stat. 1555
- 1994Amended · Pub. L. 103-349 · 108 Stat. 3142, 3144
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-577 on 1970-12-24.
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