7 U.S.C. § 2532: Ownership during testing

Summary

If an owner gives seed or other reproducible plant material for testing and marks it "for testing only," the owner keeps it. Anyone who receives the marked material or otherwise knows must not keep or use it. Owner can sue; state/local remedies apply. The notice fails if the owner sold same material.

Title 7, §2532

Agriculture, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Pub. L. 103–349 inserted “or tuber propagable” after “sexually reproducible” in two places.

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.

§2532 Ownership During Testing