103 



2 



1 in this Act an amendment or repeal is expressed in terms 



2 of an amendment to, or repeal of, a section or other provi- 



3 sion, the reference shall be considered to be made to a 



4 section or other provision of the Plant Variety Protection 



5 Act(7U.S.C. 2321etseq.). 



6 SEC. 2. DEFINITIONS AND RULES OF CONSTRUCTION. 



7 Section 41 (7 U.S.C. 2401) is amended to read as 



8 follows: 



9 "SEC. 41. DEFINITIONS AND RULES OF CONSTRUCTION. 



10 "(a) Definitions. — As used in this Act: 



11 "(1) Basic seed. — The term 'basic seed' 



12 means the seed planted to produce certified or com- 



13 mercial seed. 



14 "(2) Breeder. — The term 'breeder' means the 



15 person who directs the final breeding creating a vari- 



16 ety or who discovers and develops a variety. If the 



17 actions are conducted by an agent on behalf of a 



18 principal, the principal, rather than the agent, shall 



19 be considered the breeder. The term does not include 



20 a person who redevelops or rediscovers a variety the 



21 existence of which is publicly known or a matter of 



22 common knowledge. 



23 "(3) Essentially derived variety. — 



24 "(A) In general. — The term 'essentially 



25 derived variety' means a variety that — 



