**(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
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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 Retained source evidence SHA-256: d3f268df05a8ef59eed1ba767e44c16ec3f474004b3e98f9114a918d113cbf94
Source location: Title 7, Chapter 57, § 2568; chapter-057-plant-variety-protection.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
§ 2568. False marking; cease and desist orders
(a) Each of the following acts, if performed in
connection with the sale, offering for sale, or ad-
vertising of sexually or asexually reproducible
plant material or tubers or parts of tubers, is
prohibited, and the Secretary may, if the Sec-
retary determines after an opportunity for hear-
ing that the act is being so performed, issue an
order to cease and desist, said order being bind-
ing unless appealed under section 2461 of this
title:
(1) Use of the words ‘‘U.S. Protected Vari-
ety’’ or any word or number importing that
the material is a variety protected under cer-
tificate, 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 reason-
able 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 expi-
ration of the certificate, except that lawn,
turf, or forage grass seed, or alfalfa or clover
seed may be sold without a variety name un-
less 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
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TITLE 7—AGRICULTURE
§ 2569
the purpose of deceiving the public, shall be
fined