---
kind: "section"
citation: "7 U.S.C. § 2327"
title: "7"
title_heading: "Agriculture"
number: "2327"
heading: "Plant Variety Protection Board"
release: "119-102"
url: "https://uscodex.org/usc/7/2327"
units:
  - "Chapter 57 — Plant Variety Protection"
  - "Subchapter I — Plant Variety Protection Office"
  - "Part A — Organization and Publications"
---

# §2327. Plant Variety Protection Board

- (a) **Appointment—** The Secretary shall appoint a [Plant](/usc/7/8901.md?p=10) [Variety](/usc/7/2401.md?p=a-10) Protection [Board](/usc/7/1502.md?p=b-4). The [Board](/usc/7/1502.md?p=b-4) shall consist of individuals who are experts in various [areas](/usc/7/1471.md?p=5) of varietal development covered by this chapter. Membership of the [Board](/usc/7/1502.md?p=b-4) shall include farmer representation and shall be drawn approximately equally from the private or [seed](/usc/7/2401.md?p=a-6) 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](/usc/7/1502.md?p=b-4) without voting rights except in the case of ties.
- (b) **Functions of Board—** The functions of the [Plant](/usc/7/8901.md?p=10) [Variety](/usc/7/2401.md?p=a-10) Protection [Board](/usc/7/1502.md?p=b-4) shall include:
  - (1) Advising the Secretary concerning the adoption of Rules and Regulations to facilitate the proper administration of this chapter;
  - (2) Making advisory decisions on all appeals from the examiner. The [Board](/usc/7/1502.md?p=b-4) shall determine whether to act as a full [Board](/usc/7/1502.md?p=b-4) or by panels it selects; and whether to review advisory decisions made by a panel. For service on such appeals, the [Board](/usc/7/1502.md?p=b-4) may select, as temporary members, experts in the [area](/usc/7/1471.md?p=5) to which the particular appeal relates; and
  - (3) Advising the Secretary on all questions under [section 2404 of this title](/usc/7/2404.md).
- (c) **Compensation of Board—** The members of the [Plant](/usc/7/8901.md?p=10) [Variety](/usc/7/2401.md?p=a-10) Protection [Board](/usc/7/1502.md?p=b-4) shall serve without compensation except for standard government reimbursable expenses.

## Source credit

(Pub. L. 91–577, title I, § 7, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 103–349, § 13(a), Oct. 6, 1994, 108 Stat. 3142.)

## Notes

### Editorial Notes

### Amendments

1994—Subsec. (a). Pub. L. 103–349 substituted “the designee of the Secretary shall act as chairperson” for “his designee shall act as chairman” in last 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.