Title 7 — Agriculture
Part B · Chapter 57 — Plant Variety Protection
§ 2357. Unauthorized practice
Statutory text
Anyone who in the United States engages in direct or indirect practice before the Office of Plant Variety Protection while suspended or excluded under section 2356 of this title, or without 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 enjoined from such practice. However, there shall be no liability for damage if such person establishes that the work was done competently and without negligence. This section does not apply to anyone who, without a claim of self-sufficiency, 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 91–577 title I § 27 · 84 Stat. 1542
Enacted · 7 U.S.C. § 2357
Pub. L. 91–577, title I, § 27, Dec. 24, 1970, 84 Stat. 1545
Source evidence
Code source credit
Pub. L. 91–577, title I, § 27, Dec. 24, 1970, 84 Stat. 1545Enacted provision · exact public law section
Sec. 27. Unauthorized Practice. Anyone who in the United States engages in direct or indirect, practice before the Office of Plant Variety Protection while suspended or excluded under section 26, or without 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 enjoined from such practice. However, there shall be no liability for damage if such person establishes that the work was done competently and without negligence. This section does not apply to anyone who, without a claim of Self-sufficiency, works under the supervision of another who stands admitted and is the responsible party; nor to anyone who establishes that he acted only on behalf of any employer by whom he was regularly employed.Plant Variety Protection Act Amendments of 1994
Pub. L. 103–349 § 13(e) · 108 Stat. 3136
Substituted · 7 U.S.C. § 2357
Pub. L. 103–349 substituted “the person” for “he” in two places in last sentence
Source evidence
Code amendment note
Pub. L. 103–349 substituted “the person” for “he” in two places in last sentence.Enacted provision · exact public law section
(e) The last sentence of section 27 (7 U.S.C. 2357) is amended by striking “he” each place it appears and inserting “the person”.Effective date note
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.
2 of 2 references resolved to an enrolled provision
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 , see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
Credits
1970–1994 · 2 acts
Show as published
(Pub. L. 91–577, title I, § 27, , 84 Stat. 1545; Pub. L. 103–349, § 13(e), , 108 Stat. 3143.)