AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT.

SEC. 10108. AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT. (a) Asexually Reproduced Defined.—Section 41(a) of the Plant Variety Protection Act (7 U.S.C. 2401(a)) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and (10), respectively; and (2) by inserting before paragraph (2), as so redesignated, the following new paragraph: “(1) Asexually reproduced.—The term ‘asexually reproduced’ means produced by a method of plant propagation using vegetative material (other than seed) from a single parent, including cuttings, grafting, tissue culture, and propagation by root division.” . (b) Right to Plant Variety Protection; Plant Varieties Protectable.—Section 42(a) of the Plant Variety Protection Act (7 U.S.C. 2402(a)) is amended by striking “or tuber propagated” and inserting “, tuber propagated, or asexually reproduced”. (c) Infringement of Plant Variety Protection.—Section 111(a)(3) of the Plant Variety Protection Act (7 U.S.C. 2541(a)(3)) is amended by inserting “or asexually” after “sexually”. (d) False Marketing; Cease and Desist Orders.—Section 128(a) of the Plant Variety Protection Act (7 U.S.C. 2568(a)) is amended, in the matter preceding paragraph (1), by inserting “or asexually” after “sexually”.