Title 7 — AgricultureRelease 119-73
§1611 Illegal sales of uncertified seed
Title 7 › Chapter CHAPTER 37— - SEEDS › Subchapter SUBCHAPTER V— - SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY › § 1611
Summary
You cannot sell, offer, or advertise seed by its variety name in the United States, across state lines, or to other countries if the seed is not certified and the plant’s Plant Variety Protection certificate says it may only be sold as certified seed. Seed from a certified lot may still be labeled with the variety name when used in a mixture, but only if the variety’s owner agrees or makes the mixture.
Full Legal Text
Title 7, §1611
Agriculture — Source: USLM XML via OLRC
It shall be unlawful in the United States or in interstate or foreign commerce to sell or offer for sale or advertise, by variety name, seed not certified by an official seed certifying agency, when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act [7 U.S.C. 2321 et seq.] specifies sale only as a class of certified seed: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owners of the variety.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Plant Variety Protection Act, referred to in text, is Pub. L. 91–577, Dec. 24, 1970, 84 Stat. 1542, which is classified principally to chapter 57 (§ 2321 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 2321 of this title and Tables.
Amendments
1981—Pub. L. 97–98 substituted “sell or offer for sale or advertise, by variety name, seed” for “sell by variety name seed”, “certifying agency, when” for “certifying agency when”, and “owners of the variety” for “owner of the variety”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1981 AmendmentAmendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an
Effective Date
note under section 4301 of this title.
Effective Date
Section effective Dec. 24, 1970, see section 141 of Pub. L. 91–577, set out as a note under section 2321 of this title.
Reference
Citations & Metadata
Citation
7 U.S.C. § 1611
Title 7 — Agriculture
Last Updated
Apr 6, 2026
Release point: 119-73