7 U.S. Code § 2543 - Right to save seed; crop exemption

Except to the extent that such action may constitute an infringement under subsections (3) and (4) ofsection 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.

[1]  See References in Text note below.


(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.)
References in Text

Subsections (3) and (4) ofsection 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) ofsection 2541 of this title by Pub. L. 102–560, § 3(a),Oct. 28, 1992, 106 Stat. 4231.

1994—Pub. L. 103–349, §§ 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. 103–349, § 13(s)(2), substituted “the actions of the purchaser” for “his actions” in third sentence.
Effective Date of 1994 Amendment

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

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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7 USCDescription of ChangeSession YearPublic LawStatutes at Large


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