7 U.S.C. § 2532 — Ownership during testing
submitted 56 years ago by Pub. L. 91-577 to r/title-7-AGRICULTURE · 142 words · no verdicts yet
An owner keeps ownership when seed or other specified plant material is released only for testing. A person who knows, or is treated as knowing, that restriction may not divert or keep the material without permission.
An owner who releases seed or other sexually reproducible or tuber-propagable plant material for testing, while giving notice that it is for testing only, keeps ownership. Anyone who knows or is legally treated as knowing of that notice may not divert the material from authorized testing or keep it without authorization; doing so violates the owner’s property rights. Anyone who receives material tagged or labeled with the notice is treated as having notice. The owner may seek a remedy in a civil action under this section, and State and local remedies remain available. The notice may not be used, or is ineffective, after the owner has made identical material available to the public, such as by selling it.
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.
Source credit: (Pub. L. 91–577, title III, § 102, Dec. 24, 1970, 84 Stat. 1554; Pub. L. 103–349, § 8(d)(2), Oct. 6, 1994, 108 Stat. 3141.)
- 1970Enacted · Pub. L. 91-577 · 84 Stat. 1554
- 1994Amended · Pub. L. 103-349 · 108 Stat. 3141
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-577 on 1970-12-24.
all 0 arguments · sorted by: best
no arguments yet — make the first case