Page:United States Statutes at Large Volume 108 Part 4.djvu/503

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PUBLIC LAW 103-349—OCT. 6, 1994 108 STAT. 3137 "(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 initial variety, backcrossing, transformation by genetic engineering, or other method. "(4) KIND.— The term *kind' means one or more related species or subspecies singly or collectively knowm by one common name, such as soybean, flax, or radish. "(5) SEED.—The term 'seed', with respect to a tuber propagated variety, means the tuber or the part of the tuber used for propagation. "(6) SEXUALLY REPRODUCED.— The term 'sexually reproduced' includes any production of a variety by seed, but does not include the production of a variety by tuber propagation. "(7) TUBER PROPAGATED. —The term 'tuber propagated' means propagated by a tuber or a part of a tuber. "(8) UNITED STATES.— The terms 'United States' and 'this countr}^' mean the United States, the territories and possessions of the United States, and the Commonwealth of Puerto Rico. "(9) VARIETY. —The term 'variet/ means a plant grouping within a single botanical taxon of the lowest known rank, that, without regard to whether the conditions for plant variety protection are fully met, can be defined by the expression of the characteristics resulting from a given genotype or combination of genot3rpes, distinguished from any other plant grouping by the expression of at least one characteristic and considered as a unit with regard to the suitability of the plant grouping for being propagated unchanged. A variety may be represented by seed, transplants, plants, tubers, tissue culture plantlets, and other matter, ^(b) RULES OF CONSTRUCTION. — For the purposes of this Act: "(1) SALE OR DISPOSITION FOR NONREPRODUCTIVE PUR- POSES.— The sale or disposition, for other than reproductive purposes, of harvested material produced as a result of experimentation or testing of a variety to ascertain the characteristics of the variety, or as a by-product of increasing a variety, shall not be considered to be a sale or disposition for purposes of exploitation of the variety. "(2) SALE OR DISI'OSITION FOR REPRODUCTIVE PURPOSES. — The sale or disposition of a variety for reproductive purposes shall not be considered to be a sale or disposition for the puiposes of exploitation of the variety if the sale or disposition is done as an integral part of a program of experimentation or testing to ascertain the characteristics of the variety, or to increase the variety on behalf of the breeder or the successor in interest of the breeder. "(3) SALE OR DISPOSITION OF HYBRID SEED. —The sale or disposition of hybrid seed shall be considered to be a sale or disposition of harvested material of the varieties from which the seed was produced.