7 U.S.C. § 2330 — Publications

Page 1496 TITLE 7—AGRICULTURE § 2322 § 2322. Seal The Plant Variety Protection Office shall have a seal with which documents and certificates ev- idencing plant variety protection shall be au- thenticated. (Pub. L. 91–577, title I, § 2, Dec. 24, 1970, 84 Stat. 1542.) § 2323. Organization The organization of the Plant Variety Protec- tion Office shall, except as provided herein, be determined by the Secretary of Agriculture (hereinafter called the Secretary). The office shall devote itself substantially exclusively to the administration of this chapter. (Pub. L. 91–577, title I, § 3, Dec. 24, 1970, 84 Stat. 1542.) § 2324. Restrictions on employees as to interest in plant variety protection Employees of the Plant Variety Protection Of- fice shall be ineligible during the periods of their employment, to apply for plant variety protection and to acquire directly or indirectly, except by inheritance or bequest, any right or interest in any matters before that office. This section shall not apply to members of the Plant Variety Protection Board who are not otherwise employees of the Plant Variety Protection Of- fice. (Pub. L. 91–577, title I, § 4, Dec. 24, 1970, 84 Stat. 1542.) § 2325. Repealed. Pub. L. 96–574, § 2, Dec. 22, 1980, 94 Stat. 3350 Section, Pub. L. 91–577, title I, § 5, Dec. 24, 1970, 84 Stat. 1542, required employees designated by Secretary to give bond before entering upon their duties. § 2326. Regulations The Secretary may establish regulations, not inconsistent with law, for the conduct of pro- ceedings in the Plant Variety Protection Office after consultations with the Plant Variety Pro- tection Board. (Pub. L. 91–577, title I, § 6, Dec. 24, 1970, 84 Stat. 1542.) § 2327. Plant Variety Protection Board (a) Appointment The Secretary shall appoint a Plant Variety Protection Board. The Board shall consist of in- dividuals who are experts in various areas of va- rietal development covered by this chapter. Membership of the Board shall include farmer representation and shall be drawn approxi- mately equally from the private or seed indus- try sector and from the sector of government or the public. The Secretary or the designee of the Secretary shall act as chairperson of the Board without voting rights except in the case of ties. (b) Functions of Board The functions of the Plant Variety Protection Board shall include: (1) Advising the Secretary concerning the adoption of Rules and Regulations to facili- tate the proper administration of this chapter; (2) Making advisory decisions on all appeals from the examiner. The Board shall determine whether to act as a full Board or by panels it selects; and whether to review advisory deci- sions made by a panel. For service on such ap- peals, the Board may select, as temporary members, experts in the area to which the par- ticular appeal relates; and (3) Advising the Secretary on all questions under section 2404 of this title. (c) Compensation of Board The members of the Plant Variety Protection Board shall serve without compensation except for standard government reimbursable expenses. (Pub. L. 91–577, title I, § 7, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 103–349, § 13(a), Oct. 6, 1994, 108 Stat. 3142.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–349 substituted ‘‘the des- ignee of the Secretary shall act as chairperson’’ for ‘‘his designee shall act as chairman’’ 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. § 2328. Library The Secretary shall maintain a library of sci- entific and other works and periodicals, both foreign and domestic, in the Plant Variety Pro- tection Office to aid the examiners in the dis- charge of their duties. (Pub. L. 91–577, title I, § 8, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 96–574, § 3, Dec. 22, 1980, 94 Stat. 3350.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–574 substituted ‘‘examiners’’ for ‘‘of- ficers’’. § 2329. Register of protected plant varieties The Secretary shall maintain a register of de- scriptions of United States protected plant vari- eties. (Pub. L. 91–577, title I, § 9, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 96–574, § 4, Dec. 22, 1980, 94 Stat. 3350.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–574 substituted ‘‘descriptions’’ for ‘‘published specifications’’, and struck out provisions requiring maintenance of a file for other information. § 2330. Publications (a) The Secretary may publish, or cause to be published, in such format as the Secretary shall determine to be suitable, the following: (1) The descriptions of plant varieties pro- tected including drawings and photographs. 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. L. 96–574, §§ 7, 8, redesignated subsec. (d) as (c) and substituted ‘‘descriptions’’ for ‘‘specifications’’ in two places. Former subsec. (c) re- designated (b). 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. § 2331. Copies for public libraries The Secretary may supply printed copies of descriptions, drawings, and photographs of pro- tected plant varieties to public libraries in the United States which shall maintain such copies for the use of the public. (Pub. L. 91–577, title I, § 11, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 96–574, § 9, Dec. 22, 1980, 94 Stat. 3350.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–574 substituted ‘‘descriptions’’ for ‘‘specifications’’. PART B—LEGAL PROVISIONS AS TO THE PLANT VARIETY PROTECTION OFFICE § 2351. Day for taking action falling on Saturday, Sunday, or holiday When the day, or the last day, for taking any action or paying any fee in the United States Plant Variety Protection Office falls on Satur- day, Sunday, a holiday within the District of Co- lumbia, or on any other day the Plant Variety Protection Office is closed for the receipt of pa- pers, the action may be taken or the fee paid, on the next succeeding business day. (Pub. L. 91–577, title I, § 21, Dec. 24, 1970, 84 Stat. 1544.) § 2352. Form of papers filed The Secretary may by regulations prescribe the form of papers to be filed in the Plant Vari- ety Protection Office. (Pub. L. 91–577, title I, § 22, Dec. 24, 1970, 84 Stat. 1544.) § 2353. Testimony in Plant Variety Protection Of- fice cases The Secretary may establish regulations for taking affidavits, depositions, and other evi- dence required in cases before the Plant Variety Protection Office. Any officer authorized by law to take depositions to be used in the courts of the United States, or of the State where the offi- cer resides, may take such affidavits and deposi- tions, and swear the witnesses. If any person acts as a hearing officer by authority of the Sec- retary, the person shall have like power. (Pub. L. 91–577, title I, § 23, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 103–349, § 13(c), Oct. 6, 1994, 108 Stat. 3143.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–349 substituted ‘‘the officer’’ for ‘‘he’’ in second sentence and ‘‘the person’’ for ‘‘he’’ in third 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. § 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 sub- poena 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