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7 U.S.C. § 2330 — Publications

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2330 — Publications

**(a)** The Secretary may publish, or cause to be published, in such format as the Secretary shall determine to be suitable, the following: (1) The descriptions of plant varieties protected including drawings and photographs. (2) The Official Journal of the Plant Variety Protection Office, including annual indices. (3) Pamphlet copies of the plant variety protection laws and rules of practice and circulars or other publications relating to the business of the Office. **(b)** The Secretary may (1) establish public facilities for the searching of plant variety protection records and materials, and (2) from time to time, as through an information service, disseminate to the public those portions of the technological and other public information available to or within the Plant Variety Protection Office to encourage innovation and promote the progress of plant breeding. **(c)** The Secretary may exchange any of the publications specified for publications desirable for the use of the Plant Variety Protection Office. The Secretary may exchange copies of descriptions, drawings, and photographs of United States protected plant varieties for copies of descriptions, drawings, and photographs of applications and protected plant varieties of foreign countries.

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Source file: Laws/federal/codes/united-states-code/title-7/section-2330-publications--b3473172ca.md
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Source location: Title 7, Chapter 57, § 2330; chapter-057-plant-variety-protection.md

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**(a)** The Secretary may publish, or cause to be published, in such format as the Secretary shall determine to be suitable, the following: (1) The descriptions of plant varieties protected including drawings and photographs. (2) The Official Journal of the Plant Variety Protection Office, including annual indices. (3) Pamphlet copies of the plant variety protection laws and rules of practice and circulars or other publications relating to the business of the Office. **(b)** The Secretary may (1) establish public facilities for the searching of plant variety protection records and materials, and (2) from time to time, as through an information service, disseminate to the public those portions of the technological and other public information available to or within the Plant Variety Protection Office to encourage innovation and promote the progress of plant breeding. **(c)** The Secretary may exchange any of the publications specified for publications desirable for the use of the Plant Variety Protection Office. The Secretary may exchange copies of descriptions, drawings, and photographs of United States protected plant varieties for copies of descriptions, drawings, and photographs of applications and protected plant varieties of foreign countries.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2401 — Definitions and rules of construction

**(a) Definitions** As used in this chapter: (1) **Asexually reproduced** — The term “asexually reproduced” means produced by a method of plant propagation using vegetative material (other than seed) from a single parent, including cuttings, grafting, tissue culture, and propagation by root division. (2) **Basic seed** — The term “basic seed” means the seed planted to produce certified or commercial seed. (3) **Breeder** — The term “breeder” means the person who directs the final breeding creating a variety or who discovers and develops a variety. If the actions are conducted by an agent on behalf of a principal, the principal, rather than the agent, shall be considered the breeder. The term does not include a person who redevelops or rediscovers a variety the existence of which is publicly known or a matter of common knowledge. (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* — An essentially derived variety may be obtained by the selection of a natural or induced mutant or of a somaclonal variant, the selection of a variant individual from plants of the

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2330 — Publications

Page 1496 TITLE 7—AGRICULTURE § 2322 § 2322. Seal The Plant Variety Protection Office shall have a seal with which documents and certificates ev- idencing plant variety protection shall be au- thenticated. (Pub. L. 91–577, title I, § 2, Dec. 24, 1970, 84 Stat. 1542.) § 2323. Organization The organization of the Plant Variety Protec- tion Office shall, except as provided herein, be determined by the Secretary of Agriculture (hereinafter called the Secretary). The office shall devote itself substantially exclusively to the administration of this chapter. (Pub. L. 91–577, title I, § 3, Dec. 24, 1970, 84 Stat. 1542.) § 2324. Restrictions on employees as to interest in plant variety protection Employees of the Plant Variety Protection Of- fice shall be ineligible during the periods of their employment, to apply for plant variety protection and to acquire directly or indirectly, except by inheritance or bequest, any right or interest in any matters before that office. This section shall not apply to members of the Plant Variety Protection Board who are not otherwise employees of the Plant Variety Protection Of- fice. (Pub. L. 91–577, title I, § 4, Dec. 24, 1970, 84 Stat. 1542.) § 2325. Repealed. Pub. L. 96–574, § 2, Dec. 22, 1980, 94 Stat. 3350 Section, Pub. L. 91–577, title I, § 5, Dec. 24, 1970, 84 Stat. 1542, required employees designated by Secretary to give bond before entering upon their duties. § 2326. Regulations The Secretary may establish regulations, not inconsistent with law, for the conduct of pro- ceedings in the Plant Variety Protection Office after consultations with the Plant Variety Pro- tection Board. (Pub. L. 91–577, title I, § 6, Dec. 24, 1970, 84 Stat. 1542.) § 2327. Plant Variety Protection Board (a) Appointment The

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