7 USC 2401 - Definitions and rules of construction

U.S Code last checked for updates: Nov 22, 2024

§ 2401.

Definitions and rules of construction

(a)

Definitions

As used in this chapter:

(1)

Asexually reproduced

(2)

Basic seed

(3)

Breeder

(4)

Essentially derived variety

(A)

In general

The term “essentially derived variety” means a variety that—

(i)

is predominantly derived from another variety (referred to in this paragraph as the “initial variety”) or from a variety that is predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety;

(ii)

is clearly distinguishable from the initial variety; and

(iii)

except for differences that result from the act of derivation, conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety.

(B)

Methods

(5)

Kind

(6)

Seed

(7)

Sexually reproduced

(8)

Tuber propagated

(9)

United States

(10)

Variety

(b)

Rules of construction

For the purposes of this chapter:

(1)

Sale or disposition for nonreproductive purposes

(2)

Sale or disposition for reproductive purposes

(3)

Sale or disposition of hybrid seed

(4)

Application for protection or entering into a register of varieties

(5)

Distinctness

(6)

Publicly known varieties

(A)

In general

(B)

Description

(C)

Other means

(Pub. L. 91–577, title II, § 41, Dec. 24, 1970, 84 Stat. 1546; Pub. L. 103–349, § 2, Oct. 6, 1994, 108 Stat. 3136; Pub. L. 115–334, title X, § 10108(a), Dec. 20, 2018, 132 Stat. 4906.)

cite as: 7 USC 2401