§2327 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must create a Plant Variety Protection Board of experts in plant variety development that includes farmers. About half the members should come from the private seed industry and half from government or the public. The Secretary or a designee will chair the board and will only vote to break ties. The board advises the Secretary on rules, decides appeals from examiners (as a full board or in panels and with temporary experts when needed), and advises on questions under section 2404 of this title. Members are unpaid but can be reimbursed for normal government expenses.

Title 7, §2327

Agriculture — Source: USLM XML via OLRC

(a)The Secretary shall appoint a Plant Variety Protection Board. The Board shall consist of individuals who are experts in various areas of varietal development covered by this chapter. Membership of the Board shall include farmer representation and shall be drawn approximately equally from the private or seed industry sector and from the sector of government or the public. The Secretary or the designee of the Secretary shall act as chairperson of the Board without voting rights except in the case of ties.

(b)The functions of the Plant Variety Protection Board shall include:

(1)Advising the Secretary concerning the adoption of Rules and Regulations to facilitate the proper administration of this chapter;

(2)Making advisory decisions on all appeals from the examiner. The Board shall determine whether to act as a full Board or by panels it selects; and whether to review advisory decisions made by a panel. For service on such appeals, the Board may select, as temporary members, experts in the area to which the particular appeal relates; and

(3)Advising the Secretary on all questions under section 2404 of this title.

(c)The members of the Plant Variety Protection Board shall serve without compensation except for standard government reimbursable expenses.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–349 substituted “the designee of the Secretary shall act as chairperson” for “his designee shall act as chairman” in last sentence.

Statutory Notes and Related Subsidiaries

Effective Date

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

§2327 Plant Variety Protection Board