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Agricultural Marketing Service, Plant Variety Protection Office

Plant Variety Protection Board

CHARTER

1. Committee’s Official Designation

Plant Variety Protection Board

2. Authority 

Section 7 of the Plant Variety Protection Act of 1970 (Act) (7 U.S.C. 2327) requires the 

renewal of a Plant Variety Protection Board (Board). The Board is hereby established 

pursuant to the Act and in accordance with the provisions of the Federal Advisory 

Committee Act (FACA), as amended, 5 U.S.C. App. 2. 

3. Objectives and Scope of Activities

The Board advises the Secretary of Agriculture concerning the adoption of rules and 

regulations to facilitate the proper administration of the Act and make advisory decisions 

on all appeals from the Plant Variety Protection Office (PVPO). The Board also advises 

the Secretary on any matters under the Regulations and Rules of Practice and on all 

questions under Section 44 of the Act, "Public Interest in Wide Usage" (7 U.S.C. 2404).

4. Description of Duties

The duties of the Board are solely advisory. The Board advises the Secretary of 

Agriculture concerning adoption of rules and regulations to facilitate the proper 

administration of the Act and makes advisory decisions on all appeals from the PVPO. 

The Board also advises the Secretary of Agriculture on all matters under the Regulations 

and Rules of Practice and on all questions under Section 44 of the Act, "Public Interest 

in Wide Usage"(7 U.S.C. 2404).

5. Agency or Official to Whom the Committee Reports

The Board will report to the Secretary of Agriculture through the Under Secretary for 

Marketing and Regulatory Programs.

6. Support

Support for the Committee is provided by the Agricultural Marketing Service, PVPO.

7. Estimated Annual Operating Costs and Staff Years

Members shall serve without pay, but with reimbursement of travel expenses and per 

diem for attendance at Board meetings. Annual operating costs are estimated at 
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$18,000, with 0.2 staff years. The costs of the Board are funded through user fees.

8. Designated Federal Officer

A permanent Federal employee is to be appointed in accordance with agency 

procedures and will serve as the Designated Federal Official (DFO). The DFO will 

approve the advisory committee’s and subcommittees’ meetings, prepare and approve 

all meeting agendas, attend all committee and subcommittee meetings, adjourn any 

meeting when the DFO determines adjournment to be in the public interest, and chair 

meetings when directed to do so by the official to whom the advisory committee reports.

9. Estimated Number and Frequency of Meetings

The Board meets as often as the Secretary of Agriculture deems necessary, typically 

one to two times per year.

10. Duration

Continuing

11. Termination

In accordance with the Act, the Board will continue. However, the Board will be 

evaluated annually for its effective use and control by the Agency. The Board charter 

will be inactive two years from the date the charter is filed, unless, prior to that date, it is 

renewed in accordance with Sec. 14 of FACA. The Board will not meet or take any 

action without a current charter.

12. Membership and Designation

12a. This Committee will be fairly balanced in its membership in terms of the points of 

view represented and the functions to be performed. Steps will be taken to encourage 

fresh points of view, such as establishing staggered membership terms and limiting the 

number of renewed memberships. 

12b. The Board consists of 14 members, each of whom is appointed for a 2-year period, 

with no member appointed for more than three 2-year periods. Nominations are made by 

farmers' associations, trade associations in the seed industry, professional associations 

representing expertise in seed technology, plant breeding, and variety development, 

public and private research, and development institutions (13 members) and the USDA 

(one member).

12c. The Board shall consist of individuals who are experts in various areas of varietal 

development. Of which, these members will serve in a Special Government Employee 

(SGE) capacity. Membership of the Board shall include farmer representation and shall 

be drawn approximately equally from the private or seed industry sector and from the 

sector of government or the public. The Secretary or the designee of the Secretary shall 

act as chairperson of the Board without voting rights except in the case of ties.
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12d. Ethics Statement

To maintain the highest levels of honesty, integrity and ethical conduct, no Committee or 

subcommittee member shall participate in any “specific party matters” (i.e., matters are 

narrowly focused and typically involve specific transactions between identified parties) 

such as a lease, license, permit, contract, claim, grant, agreement, or related litigation 

with the Department in which the member has a direct financial interest. This includes 

the requirement for Committee or Subcommittee members to immediately disclose to the 

DFO (for discussion with USDA’s Office of Ethics) any specific party matter in which the 

member’s immediate family, relatives, business partners or employer would be directly 

seeking to financially benefit from the Committee’s recommendations. 

All members will receive ethics training to identify and avoid any actions that would 

cause the public to question the integrity of the Committee’s advice and 

recommendations. Members who are appointed as “Representatives” are not subject to 

Federal ethics laws because such appointment allows them to represent the point(s) of 

view of a particular group, business sector or segment of the public.

Members appointed as “Special Government Employees” (SGEs) are considered 

intermittent Federal employees and are subject to Federal ethics laws. SGE’s are 

appointed due to their personal knowledge, academic scholarship, background or 

expertise. No SGE may participate in any activity in which the member has a prohibited 

financial interest. Appointees who are SGEs are required to complete and submit a 

Confidential Financial Disclosure Report (OGE-450 form) via the FDonline e-filing 

database system. Upon request USDA will assist SGEs in preparing these financial 

reports. To ensure the highest level of compliance with applicable ethical standards 

USDA will provide ethics training to SGEs on an annual basis. The provisions of these 

paragraphs are not meant to exhaustively cover all Federal ethics laws and do not affect 

any other statutory or regulatory obligations to which advisory committee members are 

subject.

12e. Equal Opportunity Statement

Equal opportunity practices, in line with USDA policies, will be followed in all 

membership appointments to the committee. To ensure that the recommendations of 

the committee have taken into account the needs of the diverse groups served by the 

Department, membership shall include, to the extent practicable women, and persons 

with disabilities.

The USDA prohibits discrimination in all of its programs and activities on the basis of 

“race, color, national origin, religion, sex, (including gender identity and sexual 

orientation), disability, age, marital status, familial or parental status, income derived 

from a public assistance program, political beliefs, genetic information, or reprisal or 

retaliation for prior civil rights activity, in any program or activity conducted or funded by 

USDA (not all bases apply to all programs).
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13. Subcommittees

The Agricultural Marketing Service has the authority to create subcommittees. 

Subcommittees must report back to the parent committee and must not provide advice 

or work products directly to the Agency.

14. Recordkeeping

The records of this Committee, formally and informally established subcommittees, or 

other subgroups of the committee, shall be handled in accordance with General Records 

Schedule (GRS) 6.2 or other approved agency records disposition schedule. These 

records shall be available for public inspection and copying, subject to the Freedom of 

Information Act, 5 U.S.C. 552. Information about this Committee is available online at:

http://www.ams.usda.gov/PVPO.

15. Filing Date

September 21, 2021