§ 2462. Civil action against Secretary

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.

1. 1970

   Pub. L. 91–577 title II § 72 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2462

   Pub. L. 91–577, title II, § 72, Dec. 24, 1970, 84 Stat. 1550

   Source evidence

   Code source credit
   Pub. L. 91–577, title II, § 72, Dec. 24, 1970, 84 Stat. 1550

   Enacted provision · exact public law section
   Sec. 72. Civil Action Against Secretary. An applicant, dissatisfied with a decision under section 63 or 91 of this title, may, as an alternative to appeal, have remedy by civil action against the Secretary in the United States District Court for the District of Columbia. Such action shall be commenced within sixty days after such decision or within such further time as the Secretary allows. The court, may, in the case of review of a decision by the Secretary refusing plant, variety protection, adjudge that such applicant is entitled to receive a certificate of plant variety protection for his variety as specified in his application as the facts of the case may appear, on compliance with the requirements of this Act.

2. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 13(k) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2462

   Pub. L. 103–349, which directed that the second sentence be amended by substituting “the variety as specified in the application” for “his variety as specified in his application”, was executed by making the substitution in the third sentence, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pub. L. 103–349, which directed that the second sentence be amended by substituting “the variety as specified in the application” for “his variety as specified in his application”, was executed by making the substitution in the third sentence, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (k) The second sentence of section 72 (7 U.S.C. 2462) is amended by striking “his variety as specified in his application” and inserting “the variety as specified in the application”.

   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