Browse Arkansas Code titles and sections
7 U.S.C. § 2568 — False marking; cease and desist orders
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each of the following acts, if performed in connection with the sale, offering for sale, or advertising of sexually or asexually reproducible plant material or tubers or parts of tubers, is prohibited, and the Secretary may, if the Secretary determines after an opportunity for hearing that the act is being so performed, issue an order to cease and desist, said order being binding unless appealed under [section 2461 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2461&num=0&edition=prelim):
(1) Use of the words “U.S. Protected Variety” or any word or number importing that the material is a variety protected under certificate, when it is not.
(2) Use of any wording importing that the material is a variety for which an application for plant variety protection is pending, when it is not.
(3) Use of either the phrase “Unauthorized Propagation Prohibited” or “Unauthorized Seed Multiplication Prohibited” or similar phrase without reasonable basis. Any reasonable basis expires one year after the first sale of the variety except as justified thereafter by a pending application or a certificate still in force.
(4) Failure to use the name of a variety for which a certificate of protection has been issued under this chapter, 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 unless use of the name of a variety for which a certificate of protection has been issued under this chapter is required under State law.
**(b)** Anyone convicted of violating a binding cease and desist order, or of performing any act prohibited in subsection (a) of this section for the purpose of deceiving the public, shall be fined not more than $10,000 a
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2568
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: d3f268df05a8ef59eed1ba767e44c16ec3f474004b3e98f9114a918d113cbf94. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_28262c0edb29fc7c8cc8f671
Source file: Laws/federal/codes/united-states-code/title-7/section-2568-false-marking-cease-and-desist-orders--ff3a3659a7.md
Pages: Not recorded – Not recorded
Passage SHA-256: 1351799545f7fe068b4163950c1de8c68a18950e4522e0991514bd2a465790cc
Source location: Title 7, Chapter 57, § 2568; chapter-057-plant-variety-protection.md
Stored source content
**(a)** Each of the following acts, if performed in connection with the sale, offering for sale, or advertising of sexually or asexually reproducible plant material or tubers or parts of tubers, is prohibited, and the Secretary may, if the Secretary determines after an opportunity for hearing that the act is being so performed, issue an order to cease and desist, said order being binding unless appealed under [section 2461 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2461&num=0&edition=prelim):
(1) Use of the words “U.S. Protected Variety” or any word or number importing that the material is a variety protected under certificate, when it is not.
(2) Use of any wording importing that the material is a variety for which an application for plant variety protection is pending, when it is not.
(3) Use of either the phrase “Unauthorized Propagation Prohibited” or “Unauthorized Seed Multiplication Prohibited” or similar phrase without reasonable basis. Any reasonable basis expires one year after the first sale of the variety except as justified thereafter by a pending application or a certificate still in force.
(4) Failure to use the name of a variety for which a certificate of protection has been issued under this chapter, 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 unless use of the name of a variety for which a certificate of protection has been issued under this chapter is required under State law.
**(b)** Anyone convicted of violating a binding cease and desist order, or of performing any act prohibited in subsection (a) of this section for the purpose of deceiving the public, shall be fined not more than $10,000 and not less than $500.
**(c)** Anyone whose business is damaged or is likely to be damaged by an act prohibited in subsection (a) of this section, or is subjected to competition in connection with which such act is performed, may have remedy by civil action.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
From the decisions made under sections 2404, 2443, 2501, and 2568 of this title appeal may, within sixty days or such further times as the Secretary allows, be taken under the Federal Rules of Appellate Procedure. The United States Court of Appeals for the Federal Circuit shall have jurisdiction of any such appeal.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2461
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2401
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1511
TITLE 7—AGRICULTURE
§ 2568
ther event the court may increase the damages
up to three times the amount determined.
(c) The court may receive expert testimony as
an aid to the determination of damages or of
what royalty would be reasonable under the cir-
cumstances.
(d) As to infringement prior to, or resulting
from a planting prior to, issuance of a certifi-
cate for the infringed variety, a court finding
the infringer to have established innocent inten-
tions, shall have discretion as to awarding dam-
ages.
(Pub. L. 91–577, title III, § 124, Dec. 24, 1970, 84
Stat. 1556.)
§ 2565. Attorney fees
The court in exceptional cases may award rea-
sonable attorney fees to the prevailing party.
(Pub. L. 91–577, title III, § 125, Dec. 24, 1970, 84
Stat. 1556.)
§ 2566. Time limitation on damages
(a) No recovery shall be had for that part of
any infringement committed more than six
years (or known to the owner more than one
year) prior to the filing of the complaint or
counterclaim for infringement in the action.
(b) In the case of claims against the United
States Government for unauthorized use of a
protected variety, the period between the date
of receipt of written claim for compensation by
the department or agency of the Government
having authority to settle such claim, and the
date of mailing by the Government of a notice
to the claimant that the claim has been denied
shall not be counted as part of the period re-
ferred to in the preceding paragraph.
(Pub. L. 91–577, title III, § 126, Dec. 24, 1970, 84
Stat. 1556; Pub. L. 103–349, § 13(u), Oct. 6, 1994, 108
Stat. 3144.)
Editorial Notes
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–349 substituted ‘‘the’’
for ‘‘his’’ before ‘‘claim has been denied’’.
Statutory Notes and Related Subsidiarie
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2568
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.