7 U.S.C. § 2371 — Plant variety protection fees

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 Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title. § 2355. Effect of defective execution Any document to be filed in the Plant Variety Protection Office and which is required by any law or regulation to be executed in a specified manner may be provisionally accepted by the Secretary despite a defective execution, pro- vided a properly executed document is sub- mitted within such time as may be prescribed. (Pub. L. 91–577, title I, § 25, Dec. 24, 1970, 84 Stat. 1545.) § 2356. Regulations for practice before the Office The Secretary shall prescribe regulations gov- erning 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 disrepu- table or guilty of gross misconduct. (Pub. L. 91–577, title I, § 26, Dec. 24, 1970, 84 Stat. 1545.) § 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 ex- cluded under section 2356 of this title, or with- out 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 en- joined from such practice. However, there shall be no liability for damage if such person estab- lishes that the work was done competently and without negligence. This section does not apply to anyone who, without a claim of self-suffi- ciency, 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. (Pub. L. 91–577, title I, § 27, Dec. 24, 1970, 84 Stat. 1545; Pub. L. 103–349, § 13(e), Oct. 6, 1994, 108 Stat. 3143.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–349 substituted ‘‘the person’’ for ‘‘he’’ in two places in last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title. PART C—PLANT VARIETY PROTECTION FEES § 2371. Plant variety protection fees (a) In general The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees for services performed under this chapter. (b) Late payment penalty On failure to pay such fees, the Secretary shall assess a late payment penalty. Such over- due fees shall accrue interest as required by sec- tion 3717 of title 31. (c) Disposition of funds Such fees, late payment penalties, and accrued interest collected shall be credited to the ac- count that incurs the cost and shall remain available without fiscal year limitation to pay the expenses incurred by the Secretary in car- rying out this chapter. Such funds collected (in- cluding late payment penalties and any interest earned) may be invested by the Secretary in in- sured or fully collateralized, interest-bearing ac- counts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. (d) Actions for nonpayment The Attorney General may bring an action for the recovery of charges that have not been paid in accordance with this chapter against any per- son obligated for payment of such charges under this chapter in any United States district court Page 1499 TITLE 7—AGRICULTURE § 2401 or other United States court for any territory or possession in any jurisdiction in which the per- son is found, resides, or transacts business. The court shall have jurisdiction to hear and decide the action. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this chapter. (Pub. L. 91–577, title I, § 31, Dec. 24, 1970, 84 Stat. 1545; Pub. L. 96–574, § 10, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 100–203, title I, § 1505, Dec. 22, 1987, 101 Stat. 1330–28.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–203 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary shall, under such regulations as he may prescribe, charge and collect reasonable fees for services per- formed under this chapter. Such fees shall be deposited into the Treasury as miscellaneous receipts. There are hereby authorized to be appropriated such funds as may be necessary to carry out the provisions of this chap- ter.’’ 1980—Pub. L. 96–574 substituted provisions relating to deposit of fees and authorization of appropriations for provisions relating to recovering of fees, initial capital of the fund, and charging of fees. § 2372. Payment of plant variety protection fees; return of excess amounts All fees shall be paid to the Secretary, and the Secretary may refund any sum paid by mistake or in excess of the fee required. (Pub. L. 91–577, title I, § 32, Dec. 24, 1970, 84 Stat. 1545.) SUBCHAPTER II—PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF PROTECTION PART D—PROTECTABILITY OF PLANT VARIETIES § 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, graft- ing, tissue culture, and propagation by root di- vision. (2) Basic seed The term ‘‘basic seed’’ means the seed plant- ed 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 an- other 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 expres- sion 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 es- sential characteristics that result from the genotype or combination of genotypes of the initial variety. (B) Methods An essentially derived variety may be ob- tained by the selection of a natural or in- duced mutant or of a somaclonal variant, the selection of a variant individual from plants of the initial variety, backcrossing, transformation by genetic engineering, or other method. (5) Kind The term ‘‘kind’’ means one or more related species or subspecies singly or collectively known by one common name, such as soybean, flax, or radish. (6) Seed The term ‘‘seed’’, with respect to a tuber propagated variety, means the tuber or the part of the tuber used for propagation. (7) Sexually reproduced The term ‘‘sexually reproduced’’ includes any production of a variety by seed, but does not include the production of a variety by tuber propagation. (8) Tuber propagated The term ‘‘tuber propagated’’ means propa- gated by a tuber or a part of a tuber. (9) United States The terms ‘‘United States’’ and ‘‘this coun- try’’ mean the United States, the territories and possessions of the United States, and the Commonwealth of Puerto Rico. (10) Variety The term ‘‘variety’’ means a plant grouping within a single botanical taxon of the lowest known rank, that, without regard to whether the conditions for plant variety protection are fully met, can be defined by the expression of the characteristics resulting from a given gen- otype or combination of genotypes, distin- guished from any other plant grouping by the expression of at least one characteristic and considered as a unit with regard to the suit- ability of the plant grouping for being propa- gated unchanged. A variety may be rep- resented by seed, transplants, plants, tubers, tissue culture plantlets, and other matter. (b) Rules of construction For the purposes of this chapter: