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2026-07-06 09:52:37 -04:00

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LegalText 7 U.S.C. § 2543 Right to save seed; crop exemption us united_states_code code_section 7 AGRICULTURE 57 PLANT VARIETY PROTECTION 2543 7 U.S.C. § 2543 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc07@119-100.zip /us/usc/t7/s2543 data/legal/raw/us/code/title-07/usc07.xml d4f1d7108d56a4f32821a185d2c2b5adc8e3668358921458605beadc92d05de9 50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984 9c4eb936502e4335051633c6a8bc35ce40984e743f5800d4e9ea3cfa3d41cded 2026-07-04 official
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7 U.S.C. § 2543 - Right to save seed; crop exemption

Text

Except to the extent that such action may constitute an infringement under subsections (3) and (4) of section 2541 11 See References in Text note below. 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.

(Pub. L. 91577, title III, § 113, Dec. 24, 1970, 84 Stat. 1555; Pub. L. 103349, §§ 10, 13(s), Oct. 6, 1994, 108 Stat. 3142, 3144.)

Notes

Editorial Notes

References in TextSubsections (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. 102560, § 3(a), Oct. 28, 1992, 106 Stat. 4231.

Amendments1994—Pub. L. 103349, §§ 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. 103349, § 13(s)(2), substituted “the actions of the purchaser” for “his actions” in third sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 AmendmentAmendment by Pub. L. 103349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103349, set out as a note under section 2401 of this title.