Page:United States Statutes at Large Volume 84 Part 2.djvu/228

 1558

PUBLIC LAW 91-577-DEC. 24, 1970

[84 STAT.

Chapter 13.—INTENT AND SEVERABILITY Sec. 131. Intent. It is the intent of Congress to provide the indicated protection for new varieties by exercise of any constitutional power needed for that end, so as to afford adequate encouragement for research, and for marketing when appropriate, to yield for the public the benefits of new uscprec.title 1. varieties. Constitutional clauses S and 8' of article I, section 8 are both relied upon. Sec. 132. Severability. If this Act is held unconstitutional as to some provisions or circumstances, it shall remain in force as to the remaining provisions and other circumstances. Chapter 14.—TEMPORARY PROVISION AND RELATED ENACTMENTS; EXEMPTED PLANTS; MISCELLANEOUS

7 USC 1551.

Sec. 141. Effective Date. This Act shall take effect upon enactment. Applications may be filed with the Secretary and held by him until the Office of Plant Variety Protection is organized and in operation. Sec. 142. Amendment of Federal Seed Act. The Federal Seed Act (53 Stat. 1275) is amended as follows: (a) By adding at the end thereof:

"TITLE V—SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY "Section 501. " (a) It shall be unlawful in the United States or in interstate or foreign commerce to sell by variety name seed not certified by an official ^eed certifying agency when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act specifies sale only as a class of certified seed: Provided, That seed irom a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety." Protected va(b) By adding at the end of section 102 the following wording: riety, seed certifi- «ggg^ Qf ^ yariety for which a certificate of plant variety protection cation, limuation.

83 Stat. 134. 7 USC 1562.

62 Stat. 869. 80 Stat. 901.

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under the Plant Variety Protection Act specifies sale only as a class of certified seed shall be certified only when "(1) the basic seed from which the variety was produced was furnished by authority of the owner of the variety if the certification is made during the term of protection, and "(2) it conforms to the number of generations designated by the certificate, if the certificate contains such a designation.". Sec. 143. Amendment of Judicial Code. Title 28 of the United States Code, entitled Judicial Code and Judiciary, is amended as follows: (a) After section 1644 add: "Sec. 1545. Decision of the Plant Variety Protection Office. "The Court of Customs and Patent Appeals shall have nonexclusive jurisdiction of appeals under section 71 of the Plant Variety Protection Act."

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