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7 U.S.C. § 2354 — Subpoenas; witnesses

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

7 U.S.C. § 2354 — Subpoenas; witnesses

**(a)** The clerk of any United States court for the district wherein testimony is to be taken in accordance with regulations established by the Secretary for use in any contested case in the Plant Variety Protection Office shall, upon the application of any party thereof, issue a subpoena for any witness residing or being within such district or within one hundred miles of the stated place in such district, commanding the witness to appear and testify before an officer in such district authorized to take depositions and affidavits, at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil Procedure relating to the attendance of witnesses and the production of documents and things shall apply to contested cases in the Plant Variety Protection Office insofar as consistent 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 subpoena 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 subpoena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena or of the Secretary.

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Source location: Title 7, Chapter 57, § 2354; chapter-057-plant-variety-protection.md

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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. § 2354 — Subpoenas; witnesses

Page 1497 TITLE 7—AGRICULTURE § 2354 (2) The Official Journal of the Plant Variety Protection Office, including annual indices. (3) Pamphlet copies of the plant variety pro- tection laws and rules of practice and circu- lars or other publications relating to the busi- ness of the Office. (b) The Secretary may (1) establish public fa- cilities for the searching of plant variety protec- tion records and materials, and (2) from time to time, as through an information service, dis- seminate to the public those portions of the technological and other public information available to or within the Plant Variety Protec- tion Office to encourage innovation and promote the progress of plant breeding. (c) The Secretary may exchange any of the publications specified for publications desirable for the use of the Plant Variety Protection Of- fice. The Secretary may exchange copies of de- scriptions, drawings, and photographs of United States protected plant varieties for copies of de- scriptions, drawings, and photographs of appli- cations and protected plant varieties of foreign countries. (Pub. L. 91–577, title I, § 10, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 96–574, §§ 5–8, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103–349, § 13(b), Oct. 6, 1994, 108 Stat. 3143.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–349 substituted ‘‘the Secretary’’ for ‘‘he’’ before ‘‘shall’’ in introductory pro- visions. 1980—Subsec. (a)(1). Pub. L. 96–574, § 5, substituted provisions respecting descriptions for provisions re- specting specifications. Subsec. (b). Pub. L. 96–574, §§ 6, 7, struck out subsec. (b) which related to photolithography and lithography, redesignated subsec. (c) as (b) and substituted ‘‘plant breeding’’ for ‘‘the useful arts’’. Subsecs. (c), (d). Pub

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