Plant Variety Protection Act Amendments of 1994
PL 103-349 (S.1406), enacted 10/06/1994

108 STAT. 3136 
PUBLIC LAW 103-349—OCT. 6, 1994 
Public Law 103-849 
103d Congress 
An Act 
Oct. 6, 1994 
[S. 1406] 
Plant Variety 
Protection 
Act 
Amendments 
of 1994. 
7 use 2321 note. 
To amend the Plant Variety Protection Act to make such Act consistent with 
the International Convention for the Protection of New Varieties of Plants of 
March 19, 1991, to which the United States is a signatory, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This Act may be cited as the "Plant Variety 
Protection Act Amendments of 1994". 
(b) REFERENCES TO PLANT VARIETY PROTECTION ACT.—Except 
as otherwise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Plant Variety 
Protection Act (7 U.S.C. 2321 et seq.). 
SEC. 2. DEFINITIONS AND RULES OF CONSTRUCTION. 
Section 41 (7 U.S.C. 2401) is amended to read as follows: 
'*§41. Definitions and rules of construction 
"(a) DEFINITIONS.—As used in this Act: 
"(1) BASIC SEED.—^The term Tsasic seed' means the seed 
planted to produce certified or commercial seed. 
"(2) 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. 
"(3) ESSENTIALLY DERIVED VARIETY.— 
"(A) IN GENERAL.—The term 'essentially derived vari-
ety* 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 geno-
t3T)e or combination of genotypes of the initial variety; 
"(ii) is clearly distinguishable from the initial vari-
ety; and 
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 com-
mon name, such as soybean, flax, or radish. 
"(5) SEED.—^The term 'seed', with respect to a tuber propa-
gated 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 propaga-
tion. 
"(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 com-
bination of genot3rpes, distinguished from any other plant group-
ing by the expression of at least one characteristic and consid-
ered 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 integrsd 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 firom which 
the seed was produced. 
108 STAT. 3138 
PUBLIC LAW 103-349—OCT. 6, 1994 
"(4) 
APPLICATION FOR PROTECTION OR ENTERING INTO A 
REGISTER OF VARIETIES.—The filing of an application for the 
protection or for the entering of a variety in an official register 
of varieties, in any country, shall be considered to render the 
variety a matter of common knowledge from the date of the 
application, if the application leads to the granting of protection 
or to the entering of the variety in the official register of 
varieties, as the case may be. 
"(5) DISTINCTNESS.—^The distinctness of one variety from 
another may be based on one or more identifiable morphologi-
cal, 
physiological, or other characteristics (including any 
characteristics evidenced by processing or product characteris-
tics, such as milling and baking characteristics in the case 
of wheat) with respect to which a difference in genealogy may 
contribute evidence. 
"(6) PUBLICLY KNOWN VARIETIES.— 
"(A) IN GENERAL.—^A variety that is 
adequately 
described by a publication reasonably considered to be a 
part of the public technical knowledge in the United States 
shall be considered to be publicly known and a matter 
of common knowledge. 
"(B) DESCRIPTION.—A description that meets 
the 
requirements of subparagraph (A) shall include a disclosure 
of the principal characteristics by which a variety is distin-
guished. 
"(C) OTHER MEANS.—^A variety may become publicly 
known and a matter of common knowledge by other 
means.". 
SEC. 3. RIGHT TO PLANT VARIETY PROTECTION; PLANT VARIETIES 
PROTECTABLE. 
Section 42 (7 U.S.C. 2402) is amended to read as follows: 
*'§42. Right to plant variety protection; plant varieties 
protectable 
"(a) IN GENERAL.—^The breeder of any sexually reproduced or 
tuber propagated plant variety (other than fungi or bacteria) who 
has so reproduced the variety, or the successor in interest of the 
breeder, shall be entitled to plant variety protection for the variety, 
subject to the conditions and requirements of this Act, if the variety 
is— 
"(1) new, in the sense that, on the date of filing of the 
application for plant variety protection, propagating or har-
vested material of the variety has not been sold or otherwise 
disposed of to other persons, by or with the consent of the 
breeder, or the successor in interest of the breeder, for purposes 
of exploitation of the variety— 
.J 
"(A) in the United States, more than 1 year prior 
to the date of filing; or 
"(B) in any area outside of the United States— 
"(i) more than 4 years prior to the date of filing; 
or 
"(ii) in the case of a tree or vine, more than 6 
years prior to the date of filing; 
"(2) distinct, in the sense that the variety is clearly distin-
guishable from any other variety the existence of which is 
PUBLIC LAW 103-349—OCT. 6, 1994 
108 STAT. 3139 
publicly known or a matter of common knowledge at the time 
of the filing of the application; 
"(3) uniform, in the sense that any variations are describ-
able, predictable, and commercially acceptable; and 
"(4) stable, in the sense that the variety, When reproduced, 
will remain unchanged with regard to the essential and distinc-
tive characteristics of the variety with a reasonable degree 
of reliability commensurate with that of varieties of the same 
category in which the same breeding method is employed. 
"(b) MULTIPLE APPLICANTS.— 
"(1) IN GENERAL.—If 2 or more applicants submit applica-
tions on the same effective filing date for varieties that cannot 
be clearly distinguished from one another, but that fulfill all 
other requirements of subsection (a), the applicant who first 
complies with all requirements of this Act shall be entitled 
to a certificate of plant variety protection, to the exclusion 
of anv other applicant. 
*X2) REQUIREMENTS COMPLETED ON SAME DATE.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), if 2 or more applicants comply with all requirements 
for protection on the same date, a certificate shall be issued 
for each variety. 
"(B) VARIETIES INDISTINGUISHABLE.—If the varieties 
that are the subject of the applications cannot be distin-
guished in any manner, a single certificate shall be issued 
jointly to the applicants.". 
SEC. 4. APPUCATIONS. 
Section 52 (7 U.S.C. 2422) is amended— 
(1) in paragraph (1), by adding at the end the following 
new sentence: "The variety shall be named in accordance with 
regulations issued by the Secretary."; 
(2) in the first sentence of paragraph (2), by striking "nov-
elty" and inserting "distinctiveness, uniformity, and stability"; 
(3) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; 
(4) by inserting after paragraph (2) the following new para-
graph: 
"(3) A statement of the basis of the claim of the applicant 
that the variety is new."; and 
(5) in paragraph (4) (as redesignated by paragraph (3)), 
by inserting "(including any propagating material)" ^Pber "basic 
seed". 
SEC. 6. BENEFIT OF EARLIER FILING DATE. 
Section 55(a) (7 U.S.C. 2425(a)) is amended— 
(1) by redesignating the first and second sentences as para-
graphs (1) and (2), respectively; 
(2) in paragraph (1) (as so designated), by inserting before 
the period at the end the following: ", not including the date 
on which the application is filed in the foreign country"; and 
(3) by adding at the end the following new paragraph: 
"(3XA) An applicant entitled to a right of priority under 
this subsection shall be allowed to furnish any necessary 
information, document, or material required for the purpose 
of the examination of the application during— 
"(i) the 2-year period beginning on the date of the 
expiration of the period of priority; or 
108 STAT. 3140 
PUBLIC LAW 103-349—OCT. 6, 1994 
"(ii) if the first application is rejected or withdrawn, 
an appropriate period after the rejection or withdrawal, 
to be determined by the Secretary. 
"(B) An event occurring within the period of priority (such 
as the filing of another application or use of the variety that 
is the subject of the first application) shall not constitute a 
ground for rejecting the application or give rise to any third 
party right.". 
SEC. 6. NOTICE OF REFUSAL; RECONSIDERATION. 
The first sentence of section 62(b) (7 U.S.C. 2442(b)) is 
amended— 
(1) by striking "six months" and inserting "at least 30 
days, and not more than 180 days"; and 
(2) by striking "in exceptional circumstances". 
^ ^ 
SEC. 7. CONTENTS AND TERM OF PLANT VARIETY PROTECTION. 
Section 83 (7 U.S.C. 2483) is amended— 
(1) in subsection (a)— 
(A) by designating the first through fourth sentences 
as paragraphs (1) through (4), respectively; and 
(B) by striking paragraphs (2) and (3) (as so designated) 
and inserting the following new paragraphs: 
"(2) If the owner so elects, the certificate shall— 
"(A) specify that seed of the variety shall be sold in 
the United States only as a class of certified seed; and 
"(B) if so specified, conform to the number of genera-
tions designated by the owner. 
"(3) An owner may waive a right provided under this sub-
section, other than a right that is elected by the owner under 
paragraph (2)(A)."; 
(2) in the first sentence of subsection (b)— 
(A) by striking "eighteen" and inserting "20"; and 
(B) by inserting before the period at the end the follow-
ing: ", except that, in the case of a tree or vine, the 
term of the plant variety protection shall expire 25 years 
from the date of issue of the certificate"; and 
(3) in subsection (c), by striking "repository: Provided, how-
ever. That" and inserting "repository, or requiring the submis-
sion of a different name for the variety, except that". 
SEC. 8. PRIORITY CONTEST. 
(a) PRIORITY CONTEST; EFFECT OF ADVERSE FINAL JUDGMENT 
OR INACTION.—Sections 92 and 93 (7 U.S.C. 2502 and 2503) are 
repealed. 
(b) INTERFERING PLANT VARIETY PROTECTION.— 
(1) REDESIGNATION.—Section 94 of the Act (7 U.S.C. 2504) 
is redesignated as section 92. 
7 use 2504. 
(2) AMENDMENTS.—Section 92 (as so redesignated) is 
amended— 
(A) by striking "The owner" and inserting "(a) The 
owner"; and 
(B) by striking the second sentence. 
(c) APPEAL OR CIVIL ACTION IN CONTESTED CASES.— 
7 use 2504. 
(1) TRANSFER.—Section 73 (7 U.S.C. 2463) is amended by 
transferring subsection (b) to the end of section 92 (as redesig-
nated by subsection (b)(1)). 
PUBLIC LAW 103-349—OCT. 6, 1994 
108 STAT. 3141 
^ 
(2) REPEAL.—Section 73 (as amended by paragraph (1)) 7 use 2463. 
is repealed, 
(d) CONFORMING AMENDMENTS.— 
(1) Section 71 (7 U.S.C. 2461) is amended by striking 
"92 " 
'(2) Section 102 (7 U.S.C. 2532) is amended by inserting 
"or tuber propagable" after "sexually reproducible" each place 
it appears. 
SEC. 9. INFRINGEMENT OF PLANT VARIETY PROTECTION. 
Section 111 (7 U.S.C. 2541) is amended— 
(1) in subsection (a)— 
(A) by striking "novel" the first two places it appears 
and inserting "protected"; 
(B) in paragraph (1), by striking "the novel" and insert-
ing "or market the protected"; 
(C) by striking "novel" each place it appears in para-
graphs (2) through (7); 
(D) in paragraph (3), by inserting ", or propagate by 
a tuber or a part of a tuber," after "sexually multiply"; 
(E) by striking "or" each place it appears at the end 
of paragraphs (3) through (6); 
(F) by redesignating paragraphs (7) and (8) as para-
graphs (9) and (10), respectively; and 
(G) by inserting after paragraph (6) the following new 
paragraphs: 
"(7) condition the variety for the purpose of propagation, 
except to the extent that the conditioning is related to the 
activities permitted under section 113; 
"(8) stock the variety for any of the purposes referred 
to in paragraphs (1) through (7);"; 
(2) by redesignating subsection (b) as subsection (f); and 
(3) by inserting after subsection (a) the following new sub-
sections: 
"(b)(1) Subject to paragraph (2), the owner of a protected variety 
may authorize the use of the variety under this section subject 
to conditions and limitations specified by the owner. 
"(2) In the case of a contract between a seed producer and 
the owner of a protected variety of lawn, turf, or forage grass 
seed, or alfalfa or clover seed for the production of seed of the 
protected variety, the producer shall be deemed to be authorized 
by the owner to sell such seed and to use the variety if— 
"(A) the producer has fulfilled the terms of the contract; 
"(B) the owner refuses to take delivery of the seed or 
refuses to pay any amounts due under the contract within 
30 days of the payment date specified in the contract; and 
"(C) after the expiration of the period specified in subpara-
graph (B), the producer notifies the owner of the producer's 
intent to sell the seed and unless the owner fails to pay the 
amounts due under the contract and take delivery of the seed 
within 30 days of such notification. For the purposes of this 
paragraph, the term 'owner* shall include any licensee of the 
owner. 
"(3) Paragraph (2) shall apply to contracts entered into with 
respect to plant varieties protected under this Act (7 U.S.C. 2321 
et seq.) as in effect on the day before the effective date of this 
108 STAT. 3142 
PUBLIC LAW 103-349—OCT. 6, 1994 
provision as well as plant varieties protected under this Act as 
amended by the Plant Variety Protection Act Amendments of 1994. 
"(4) Nothing in this subsection shall affect any other rights 
or remedies of producers or owners that may exist under other 
Federal or State laws. 
"(c) This section shall apply equally to— 
"(1) any variety that is essentially derived from a protected 
variety, unless the protected variety is an essentially derived 
variety; 
"(2) any variety that is not clearly distinguishable from 
a protected variety; 
"(3) any variety whose production requires the repeated 
use of a protected variety; and 
"(4) harvested material (including entire plants and parts 
of plants) obtained through the unauthorized use of propagating 
material of a protected variety, unless the owner of the variety 
has had a reasonable opportunity to exercise the rights provided 
under this Act with respect to the propagating material. 
"(d) It shall not be an infringement of the rights of the owner 
of a variety to perform any act concerning propagating material 
of any kind, or harvested material, including entire plants and 
parts of plants, of a protected variety that is sold or otherwise 
marketed with the consent of the owner in the United States, 
unless the act involves further propagation of the variety or involves 
an export of material of the variety, that enables the propagation 
of the variety, into a country that does not protect varieties of 
the plant genus or species to which the variety belongs, unless 
the exported material is for final consumption purposes. 
"(e) It shall not be an infringement of the rights of the owner 
of a variety to perform any act done privately and for noncommercial 
purposes.". 
SEC. 10. RIGHT TO SAVE SEED; CROP EXEMQPTION. 
The first sentence of section 113 (7 U.S.C. 2543) is amended 
by striking "section: Provided, That" and all that follows through 
the period and inserting "section.". 
SEC. 11. LIMITATION OF DAMAGES; MARKING AND NOTICE. 
Section 127 (7 U.S.C. 2567) is amended by striking "novel" 
each place it appears. 
SEC. 12. OBLIGATION TO USE VARIETY NAME. 
Section 128(a) (7 U.S.C. 2568(a)) is amended— 
(1) bv inserting "or tubers or parts of tubers" after "plant 
material ; and 
(2) by adding at the end the following new paragraph: 
"(4) Failure to use the name of a variety for wmch a 
certificate of protection has been issued under this Act, even 
after the expiration of the certificate, except that lawn, turf, 
or forage grass seed, or alfalfa or clover seed may be sold 
without a variety name imless use of the name of a variety 
for which a certificate of protection has been issued under 
this Act is required luider State law.". 
SEC. 13. ELIMINATION OF GENDER-BASED REFERENCES. 
(a) The last sentence of section 7(a) (7 U.S.C. 2327(a)) is amend-
ed by striking "his designee shall act as chairman" and inserting 
"the designee of the Secretary shall act as chairperson". 
PUBLIC LAW 103-349—OCT. 6, 1994 
108 STAT. 3143 
(b) Section 10(a) (7 U.S.C. 2330(a)) is amended by striking 
"he" and inserting "the Secretary". 
(c) Section 23 (7 U.S.C. 2353) is amended— 
(1) in the second sentence, by striking "he" and inserting 
"the officer"; and 
(2) in the third sentence, by striking "he" and inserting 
"the person". 
(d) Section 24 (7 U.S.C. 2354) is amended— 
(1) in the first sentence of subsection (a), by striking "him" 
and inserting "the witness"; and 
(2) in the second sentence of subsection (c)— 
(A) by striking "this fees and traveUng expenses" and 
inserting "the fees and travehng expenses of the witness"; 
and 
(B) by striking "him" and inserting "the witness". 
(e) The last sentence of section 27 (7 U.S.C. 2357) is amended 
by striking "he" each place it appears and inserting "the person". 
(f) The first sentence of section 44 (7 U.S.C. 2404) is amended 
by striking "he" and inserting "the Secretary". 
(g) Section 53 (7 U.S.C. 2423) is amended— 
(1) in subsection (a), by striking "one (or his successor)" 
and inserting "one person (or the successor of the person)"; 
and 
(2) in subsection (b), by striking "he" and inserting "the 
Secretar/'. 
> 
(h) Section 54 (7 U.S.C. 2424) is amended by striking "his 
successor in interest" and inserting "the successor in interest of 
(i) Section 55 (7 U.S.C. 2425) is amended— 
(1) in subsection (a)(2) (as redesignated by section 5(1)), 
by striking "his application" and inserting "the appUcation filed 
in the United States"; and 
(2) in subsection (b), by striking "his predecessor in title" 
and inserting "the predecessor in title of the person". 
(j) The first sentence of section 62(b) (7 U.S.C. 2442(b)) is 
amended— 
(1) by striking "him" and inserting "an applicant"; 
(2) by striking "an applicant shall" and inserting "the 
applicant shall"; and 
(3) by striking "he" and inserting "the Secretar/'. 
(k) The second sentence of section 72 (7 U.S.C. 2462) is amended 
by striking "his variety as specified in his application" and inserting 
"the variety as specified in the application". 
(1) Section 82 (7 U.S.C. 2482) is amended by striking "his 
signature" and inserting "the signature of the Secretar3r". 
(m) Section 83 (7 U.S.C. 2483) is amended— 
(1) in subsection (a) (as amended by section 7(1XA))— 
(A) in paragraph (1), by striking "(or his successor 
in interest) his heirs and assignees and inserting "(or 
the successor in interest of the breeder)"; and 
(B) in paragfraph (4), by striking "his discretion" and 
inserting "the discretion of the Secretary"; and 
(2) in subsection (c), by striking "he" and inserting "the 
last owner". 
(n) Section 86 (7 U.S.C. 2486) is amended— 
(1) in the first sentence, by striking "him" and inserting 
"the Secretary"; and 
108 STAT. 3144 
PUBLIC LAW 103-349—OCT. 6, 1994 
;
^ , 
(2) in the third sentence, by striking "he" and inserting 
"the person". 
(o) Section 91(c) (7 U.S.C. 2501(c)) is amended by striking 
"he" and inserting "the Secretary". 
(p) The fourth sentence of section 92(b) (as transferred by 
section 8(c)(1)) is amended by striking "he" and inserting "the 
Secretary". 
(q) The first sentence of section 111(f) (as redesignated by 
section 9(2)) is amended by striking "his official capacity" and 
inserting "the official capacity of the officer or employee". 
(r) Section 112 (7 U.S.C. 2542) is amended by striking "his 
successor in interest" and inserting "the successor in interest of 
the person". 
(s) Section 113 (7 U.S.C. 2543) is amended— 
(l)in the first sentence— 
(A) by striking "him" and inserting "the person"; and 
(B) by striking "his farm" and inserting "the farm 
of the person"; and 
(2) in the third sentence, by striking "his actions" and 
inserting "the actions of the purchaser". 
« (t) Section 121 (7 U.S.C. 2561) is amended by striking "his". 
(u) Section 126(b) (7 U.S.C. 2566(b)) is amended by striking 
"his" and inserting "the". 
(v) Section 128(a) (7 U.S.C. 2568(a)) is amended by striking 
"he" and inserting "the Secretary". 
(w) Section 130(a) (7 U.S.C. 2570(a)) is amended by striking 
"his official capacity" and inserting "the official capacity of the 
officer or employee". 
7 use 2401 note. SEC. 14. TRANSITIONAL PROVISIONS. 
(a) IN GENERAL.—Except as provided in this section, any variety 
for which a certificate of plant variety protection has been issued 
prior to the effective date of this Act, and any variety for which 
* an application is pending on the effective date of this Act, shall 
continue to be governed by the Plant Variety Protection Act (7 
. U.S.C. 2321 et seq.), as in effect on the day before the effective 
dateof this Act. 
(b) APPLICATIONS REFILED.— 
(1) IN GENERAL.—^An applicant may refile a pending 
.: applicationonor after the effective date of this Act. 
(2) EFFECT OF REFILING.—If a pending application is refiled 
on or after the effective date of this Act— 
(A) eligibility for protection and the terms of protection 
- shall be governed by the Plant Variety Protection Act, 
as amended by this Act; and 
(B) for purposes of section 42 of the Plant Variety 
Protection Act, as amended by section 3 of this Act, the 
date of filing shall be the date of filing of the original 
J} 
application. 
(c) LABELING.— 
' r
r 
(1) IN GENERAL.—^To obtain the protection provided to an 
owner of a protected variety under the Plant Variety Protection 
; 
Act (7 U.S.C. 2321 et seq.) (as amended by this Act), a notice 
given by an owner concerning the variety under section 127 
. of the Plant Variety Protection Act (7 U.S.C. 2567) shall state 
that the variety is protected imder such Act (as amended by 
this Act). 
; 
> i 
PUBLIC LAW 103-349—OCT. 6, 1994 
108 STAT. 3145 
(2) SANCTIONS.—^Any person that makes a false or mislead-
ing statement or claim, or uses a false or misleading label, 
concerning protection described in paragraph (1) shall be sub-
ject to the sanctions described in section 128 of the Plant 
Variety Protection Act (7 U.S.C. 2568). 
SEC. 15. EFFECTIVE DATE. 
7 USC 2401 note. 
This Act and the amendments made by this Act shall become 
effective 180 days after the date of enactment of this Act. 
Approved October 6,1994. 
LEGISLATIVE HISTORY—S. 1406 (H.R. 2927): 
HOUSE REPORTS: No. 103-699 accompanying H.R. 2927 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
May 25, considered and passed Senate. 
Aug. 12, H.R 2927 considered and passed House; S. 1406, amended, passed in 
lieu. 
Sept. 21, Senate concurred in House amendment.