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7 U.S.C. § 2357 — Unauthorized practice

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2357 — Unauthorized practice

Anyone who in the United States engages in direct or indirect practice before the Office of Plant Variety Protection while suspended or excluded under [section 2356 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2356&num=0&edition=prelim), or without being admitted to practice before the Office, shall be liable in a civil action for the return of all money received, and for compensation for damage done by such person and also may be enjoined from such practice. However, there shall be no liability for damage if such person establishes that the work was done competently and without negligence. This section does not apply to anyone who, without a claim of self-sufficiency, works under the supervision of another who stands admitted and is the responsible party; or to anyone who establishes that the person acted only on behalf of any employer by whom the person was regularly employed.

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Source file: Laws/federal/codes/united-states-code/title-7/section-2357-unauthorized-practice--aae3e5cfb0.md
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Source location: Title 7, Chapter 57, § 2357; chapter-057-plant-variety-protection.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2356 — Regulations for practice before the Office

The Secretary shall prescribe regulations governing the admission to practice and conduct of persons representing applicants or other parties before the Plant Variety Protection Office. The Secretary may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Office of Plant Variety Protection any person shown to be incompetent or disreputable or guilty of gross misconduct.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2401 — Definitions and rules of construction

**(a) Definitions** As used in this chapter: (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. (2) **Basic seed** — The term “basic seed” means the seed planted to produce certified or commercial seed. (3) **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. (4) **Essentially derived variety** (A) *In general* — The term “essentially derived variety” 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 genotype or combination of genotypes of the initial variety; (ii) is clearly distinguishable from the initial variety; and (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

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2357 — Unauthorized practice

Page 1498 TITLE 7—AGRICULTURE § 2355 things shall apply to contested cases in the Plant Variety Protection Office insofar as con- sistent with such regulations. (b) Every witness subpoenaed or testifying shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts. (c) A judge of a court whose clerk issued a sub- poena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena unless the fees and traveling expenses of the witness in going to, and returning from, one day’s attendance at the place of examination, are paid or tendered the witness at the time of the service of the sub- poena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena or of the Sec- retary. (Pub. L. 91–577, title I, § 24, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 103–349, § 13(d), Oct. 6, 1994, 108 Stat. 3143.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–349, § 13(d)(1), sub- stituted ‘‘the witness’’ for ‘‘him’’ in first sentence. Subsec. (c). Pub. L. 103–349, § 13(d)(2)(B), substituted ‘‘the witness’’ for ‘‘him’’ after ‘‘paid or tendered’’ in second sentence. Pub. L. 103–349, § 13(d)(2)(A), which directed that sec- ond sentence be amended by substituting ‘‘the fees and traveling expenses of the witness’’ for ‘‘this fees and traveling expenses’’, was executed by making the sub- stitution for ‘‘his fees and traveling expenses’’, to re- flect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amend

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