§ 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
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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:
Page 1500
TITLE 7—AGRICULTURE
§ 2402
(1) Sale or disposition for nonreproductive
purposes
The sale or disposition, for other than repro-
ductive purposes, of harvested material pro-
duced as a result of experimentation or testing
of a variety to ascertain the characteristics of
the variety, or as a by-product of increasing a
variety, shall not be considered to be a sale or
disposition for purposes of exploitation of the
variety.
(2) Sale or disposition for reproductive pur-
poses
The sale or disposition of a variety for repro-
ductive purposes shall not be considered to be
a sale or disposition for the purposes of exploi-
tation of the variety if the sale or disposition
is done as an integral part of a program of ex-
perimentation or testing to ascertain the
characteristics of the variety, or to increase
the variety on behalf of the breeder or the suc-
cessor in interest of the breeder.
(3) Sale or disposition of hybrid seed
The sale or disposition of hybrid seed shall
be considered to be a sale or disposition of har-
vested material of the varieties from which
the seed was produced.
(4) Application for protection or entering into
a register of varieties
The filing of an application for the protec-
tion or for the entering of a variety in an offi-
cial register of varieties, in any country, shall
be considered to render the variety a matter of
common knowledge from the date of the appli-
cation, if the application leads to the granting
of protection or to the entering of the variety
in the official register of varieties, as the case
may be.
(5) Distinctness
The distinctness of one variety from another
may be based on one or more identifiable mor-
phological, physiological, or other characteris-
tics (including any characteristics evidenced
by processing or product characteristics, such
as milling and baking characteristics in the
case of wheat) with respect to which a dif-
ference in genealogy may contribute evidence.
(6) Publicly known varieties
(A) In general
A variety that is adequately described by a
publication reasonably considered to be a
part of the public technical knowledge in the
United States shall be considered to be pub-
licly known and a matter of common knowl-
edge.
(B) Description
A description that meets the requirements
of subparagraph (A) shall include a disclo-
sure of the principal characteristics by
which a variety is distinguished.
(C) Other means
A variety may become publicly known and
a matter of common knowledge by other
means.
(Pub. L. 91–577, title II, § 41, Dec. 24, 1970, 84 Stat.
1546; Pub. L. 103–349, § 2, Oct. 6, 1994, 108 Stat.
3136; Pub. L. 115–334, title X, § 10108(a), Dec. 20,
2018, 132 Stat. 4906.)
Editorial Notes
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–334 added par. (1) and re-
designated former pars. (1) to (9) as (2) to (10), respec-
tively.
1994—Pub. L. 103–349 amended section generally, sub-
stituting provisions consisting of subsecs. (a) and (b)
for former provisions consisting of subsecs. (a) to (j).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–349, § 15, Oct. 6, 1994, 108 Stat. 3145, pro-
vided that: ‘‘This Act [amending this section and sec-
tions 2327, 2330, 2353, 2354, 2357, 2402, 2404, 2422, 2423, 2424,
2425, 2442, 2461, 2462, 2463, 2482, 2483, 2486, 2501, 2504, 2532,
2541, 2542, 2543, 2561, 2566, 2567, 2568, and 2570 of this
title, repealing sections 2463, 2502 and 2503 of this title,
and enacting provisions set out as notes under this sec-
tion and section 2321 of this title] and the amendments
made by this Act shall become effective 180 days after
the date of enactment of this Act [Oct. 6, 1994].’’
TRANSITIONAL PROVISIONS FOR 1994 AMENDMENT
Pub. L. 103–349, § 14, Oct. 6, 1994, 108 Stat. 3144, pro-
vided that:
‘‘(a) IN GENERAL.—Except as provided in this section,
any variety for which a certificate of plant variety pro-
tection has been issued prior to the effective date of
this Act [see Effective Date of 1994 Amendment note
above], and any variety for which an application is
pending on the effective date of this Act, shall continue
to be governed by the Plant Variety Protection Act (7
U.S.C. 2321 et seq.), as in effect on the day before the ef-
fective date of this Act.
‘‘(b) APPLICATIONS REFILED.—
‘‘(1) IN GENERAL.—An applicant may refile a pend-
ing application on or after the effective date of this
Act [see Effective Date of 1994 Amendment note
above].
‘‘(2) EFFECT OF REFILING.—If a pending application
is refiled on or after the effective date of this Act—
‘‘(A) eligibility for protection and the terms of
protection shall be governed by the Plant Variety
Protection Act [7 U.S.C. 2321 et seq.], as amended
by this Act; and
‘‘(B) for purposes of section 42 of the Plant Vari-
ety Protection Act [7 U.S.C. 2402], as amended by
section 3 of this Act, the date of filing shall be the
date of filing of the original application.
‘‘(c) LABELING.—
‘‘(1) IN GENERAL.—To obtain the protection provided
to an owner of a protected variety under the Plant
Variety Protection Act (7 U.S.C. 2321 et seq.) (as
amended by this Act), a notice given by an owner
concerning the variety under section 127 of the Plant
Variety Protection Act (7 U.S.C. 2567) shall state that
the variety is protected under such Act (as amended
by this Act).
‘‘(2) SANCTIONS.—Any person that makes a false or
misleading statement or claim, or uses a false or mis-
leading label, concerning protection described in
paragraph (1) shall be subject to the sanctions de-
scribed in section 128 of the Plant Variety Protection
Act (7 U.S.C. 2568).’’
§ 2402. Right to plant variety protection; plant
varieties protectable
(a) In general
The breeder of any sexually reproduced, tuber
propagated, or asexually reproduced plant vari-
ety (other than fungi or bacteria) who has so re-
produced the variety, or the successor in inter-
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
There is hereby established in the Department of Agriculture an office to be known as the Plant Variety Protection Office, which shall have the functions set forth in this chapter.
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 2321. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2321. Establishment
There is hereby established in the Department
of Agriculture an office to be known as the
Plant Variety Protection Office, which shall
have the functions set forth in this chapter.
(Pub. L. 91–577, title I, § 1, Dec. 24, 1970, 84 Stat.
1542; Pub. L. 96–574, § 1, Dec. 22, 1980, 94 Stat.
3350.)
Editorial Notes
AMENDMENTS
1980—Pub. L. 96–574 substituted ‘‘an office’’ for ‘‘a bu-
reau’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 91–577, title III, § 141, Dec. 24, 1970, 84 Stat.
1558, provided that: ‘‘This Act [this chapter] shall take
effect upon enactment [Dec. 24, 1970]. Applications may
be filed with the Secretary and held by him until the
Office of Plant Variety Protection is organized and in
operation’’.
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–349, § 1(a), Oct. 6, 1994, 108 Stat. 3136, pro-
vided that: ‘‘This Act [amending sections 2327, 2330,
2353, 2354, 2357, 2401, 2402, 2404, 2422, 2423, 2424, 2425, 2442,
2461, 2462, 2463, 2482, 2483, 2486, 2501, 2504, 2532, 2541, 2542,
2543, 2561, 2566, 2567, 2568, and 2570 of this title, repealing
sections 2463, 2502 and 2503 of this title, and enacting
provisions set out as notes under section 2401 of this
title] may be cited as the ‘Plant Variety Protection
Act Amendments of 1994’.’’
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–560, § 1, Oct. 28, 1992, 106 Stat. 4230, pro-
vided that: ‘‘This Act [enacting section 2570 of this title
and section 296 of Title 35, Patents, amending section
2541 of this title and section 271 of Title 35, and enact-
ing provisions set out as a note under section 2541 of
this title] may be cited as the ‘Patent and Plant Vari-
ety Protection Remedy Clarification Act’.’’
SHORT TITLE
Pub. L. 91–577, title III, § 145, Dec. 24, 1970,
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 2321. This identifies an authority to review, not proof of applicability.
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
**(a) In general** The breeder of any sexually reproduced, tuber propagated, or asexually reproduced plant variety (other than fungi or bacteria) who has so reproduced the variety, or the successor in interest of the breeder, shall be entitled to plant variety protection for the variety, subject to the conditions and requirements of this chapter, if the variety is—
(1) new, in the sense that, on the date of filing of the application for plant variety protection, propagating or harvested material of the variety has not been sold or otherwise disposed of to other persons, by or with the consent of the breeder, or the successor in interest of the breeder, for purposes of exploitation of the variety—
(A) in the United States, more than 1 year prior to the date of filing; or
(B) in any area outside of the United States—
(i) more than 4 years prior to the date of filing, except that in the case of a tuber propagated plant variety the Secretary may waive the 4-year limitation for a period ending 1 year after April 4, 1996; or
(ii) in the case of a tree or vine, more than 6 years prior to the date of filing;
(2) distinct, in the sense that the variety is clearly distinguishable from any other variety the existence of which is publicly known or a matter of common knowledge at the time of the filing of the application;
(3) uniform, in the sense that any variations are describable, predictable, and commercially acceptable; and
(4) stable, in the sense that the variety, when reproduced, will remain unchanged with regard to the essential and distinctive characteristics of the variety with a reasonable degree of reliability commensurate with that of varieties of the same category in which the same breeding method is employed.
**(b) Multiple applicants**
(1) **In
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 2402. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2402. Right to plant variety protection; plant
varieties protectable
(a) In general
The breeder of any sexually reproduced, tuber
propagated, or asexually reproduced plant vari-
ety (other than fungi or bacteria) who has so re-
produced the variety, or the successor in inter-
Page 1501
TITLE 7—AGRICULTURE
§ 2404
est of the breeder, shall be entitled to plant va-
riety protection for the variety, subject to the
conditions and requirements of this chapter, if
the variety is—
(1) new, in the sense that, on the date of fil-
ing of the application for plant variety protec-
tion, propagating or harvested material of the
variety has not been sold or otherwise dis-
posed of to other persons, by or with the con-
sent of the breeder, or the successor in inter-
est of the breeder, for purposes of exploitation
of the variety—
(A) in the United States, more than 1 year
prior to the date of filing; or
(B) in any area outside of the United
States—
(i) more than 4 years prior to the date of
filing, except that in the case of a tuber
propagated plant variety the Secretary
may waive the 4-year limitation for a pe-
riod ending 1 year after April 4, 1996; or
(ii) in the case of a tree or vine, more
than 6 years prior to the date of filing;
(2) distinct, in the sense that the variety is
clearly distinguishable from any other variety
the existence of which is publicly known or a
matter of common knowledge at the time of
the filing of the application;
(3) uniform, in the sense that any variations
are describable, predictable, and commercially
acceptable; and
(4) stable, in the sense that the variety,
when reproduced, will remain unchanged with
regard to the essential and distinctive charac-
teristics of the variety with a reasonable de-
gree of reliability commen
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 2402. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Owners may give notice to the public by physically associating with or affixing to the container of seed of a variety or by fixing to the variety, a label containing either the words “Unauthorized Propagation Prohibited” or the words “Unauthorized Seed Multiplication Prohibited” and after the certificate issues, such additional words as “U.S. Protected Variety”. In the event the variety is distributed by authorization of the owner and is received by the infringer without such marking, no damages shall be recovered against such infringer by the owner in any action for infringement, unless the infringer has actual notice or knowledge that propagation is prohibited or that the variety is a protected variety, in which event damages may be recovered only for infringement occurring after such notice. As to both damages and injunction, a court shall have discretion to be lenient as to disposal of materials acquired in good faith by acts prior to such notice.
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 2567. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2567. Limitation of damages; marking and no-
tice
Owners may give notice to the public by phys-
ically associating with or affixing to the con-
tainer of seed of a variety or by fixing to the va-
riety, a label containing either the words ‘‘Un-
authorized
Propagation
Prohibited’’
or
the
words ‘‘Unauthorized Seed Multiplication Pro-
hibited’’ and after the certificate issues, such
additional words as ‘‘U.S. Protected Variety’’. In
the event the variety is distributed by author-
ization of the owner and is received by the in-
fringer without such marking, no damages shall
be recovered against such infringer by the owner
in any action for infringement, unless the in-
fringer has actual notice or knowledge that
propagation is prohibited or that the variety is
a protected variety, in which event damages
may be recovered only for infringement occur-
ring after such notice. As to both damages and
injunction, a court shall have discretion to be
lenient as to disposal of materials acquired in
good faith by acts prior to such notice.
(Pub. L. 91–577, title III, § 127, Dec. 24, 1970, 84
Stat. 1557; Pub. L. 96–574, § 19(b), Dec. 22, 1980, 94
Stat. 3351; Pub. L. 103–349, § 11, Oct. 6, 1994, 108
Stat. 3142.)
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–349 in first sentence struck out
‘‘novel’’ before ‘‘variety or’’ and before ‘‘variety, a’’,
and in second sentence struck out ‘‘novel’’ before ‘‘vari-
ety is distributed’’.
1980—Pub. L. 96–574 substituted ‘‘either the words
‘Unauthorized Propagation Prohibited’ or the words
‘Unauthorized Seed Multiplication Prohibited’ ’’ for
‘‘the words ‘Propagation Prohibited’ ’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–349 effective 180 days after
Oct. 6, 199
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 2567. This identifies an authority to review, not proof of applicability.
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
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 2568. This identifies an authority to review, not proof of applicability.
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
Page 1512
TITLE 7—AGRICULTURE
§ 2569
the purpose of deceiving the public, shall be
fined
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 2568. This identifies an authority to review, not proof of applicability.