---
kind: "section"
citation: "7 U.S.C. § 2543"
title: "7"
title_heading: "Agriculture"
number: "2543"
heading: "Right to save seed; crop exemption"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2543"
units:
  - "Chapter 57 — Plant Variety Protection"
  - "Subchapter III — Plant Variety Protection and Rights"
  - "Part K — Infringement of Plant Variety Protection"
---

# §2543. Right to save seed; crop exemption


Except to the extent that such action may constitute an infringement under subsections [(3)](/usc/7/2541.md) and [(4)](/usc/7/2541.md) of section 2541[^1] of this title, it shall not infringe any right hereunder for a [person](/usc/7/499a.md?p=b-1) to save [seed](/usc/7/2401.md?p=a-6) produced by the [person](/usc/7/499a.md?p=b-1) from [seed](/usc/7/2401.md?p=a-6) obtained, or descended from [seed](/usc/7/2401.md?p=a-6) obtained, by authority of the owner of the [variety](/usc/7/2401.md?p=a-10) for seeding purposes and use such saved [seed](/usc/7/2401.md?p=a-6) in the production of a crop for use on the farm of the [person](/usc/7/499a.md?p=b-1), or for sale as provided in this section. A bona fide sale for other than reproductive purposes, made in channels usual for such other purposes, of [seed](/usc/7/2401.md?p=a-6) produced on a farm either from [seed](/usc/7/2401.md?p=a-6) obtained by authority of the owner for seeding purposes or from [seed](/usc/7/2401.md?p=a-6) produced by descent on such farm from [seed](/usc/7/2401.md?p=a-6) obtained by authority of the owner for seeding purposes shall not constitute an infringement. A purchaser who diverts [seed](/usc/7/2401.md?p=a-6) from such channels to seeding purposes shall be deemed to have notice under [section 2567 of this title](/usc/7/2567.md) that the actions of the purchaser constitute an infringement.


## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 91–577, title III, § 113, Dec. 24, 1970, 84 Stat. 1555; Pub. L. 103–349, §§ 10, 13(s), Oct. 6, 1994, 108 Stat. 3142, 3144.)

## Notes

### Editorial Notes

### References in Text

Subsections (3) and (4) of section 2541 of this title, referred to in text, probably means paragraphs (3) and (4) of section 2541 of this title, which were redesignated subsection (a)(3) and (4) of section 2541 of this title by Pub. L. 102–560, § 3(a), Oct. 28, 1992, 106 Stat. 4231.

### Amendments

1994—Pub. L. 103–349, §§ 10, 13(s)(1), in first sentence substituted “produced by the person” for “produced by him”, “the farm of the person” for “his farm”, and “section.” for “section: Provided, That without regard to the provisions of section 2541(3) of this title it shall not infringe any right hereunder for a person, whose primary farming occupation is the growing of crops for sale for other than reproductive purposes, to sell such saved seed to other persons so engaged, for reproductive purposes, provided such sale is in compliance with such State laws governing the sale of seed as may be applicable.”

Pub. L. 103–349, § 13(s)(2), substituted “the actions of the purchaser” for “his actions” in third sentence.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment 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.