§ 2568. False marking; cease and desist orders

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 III § 128 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2568

   Pub. L. 91–577, title III, § 128, Dec. 24, 1970, 84 Stat. 1557

   Source evidence

   Code source credit
   Pub. L. 91–577, title III, § 128, Dec. 24, 1970, 84 Stat. 1557

   Enacted provision · exact public law section
   Sec. 128. False Marking; Cease and Desist Orders, (a) Each of the following acts, if performed in connection with the sale, offering for sale, or advertising of sexually reproducible plant material, is prohibited, and the Secretary may, if he determines after an opportunity for hearing that the act is being so performed, issue an order to cease and desist, said order living binding unless appealed under section 71: (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 the phrase “propagation prohibited” or similar phrase without reasonable basis, a statement of this basis being promptly filed with the Secretary if the phrase is used beyond testing and no application has been filed. 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. (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.

2. 1980

   Pub. L. 96–574 § 19(c) · 94 Stat. 3350

   Substituted · 7 U.S.C. § 2568(a)(3)

   Pub. L. 96–574 substituted provisions respecting prohibitions for use of phrases “Unauthorized Propagation Prohibited” and “Unauthorized Seed Multiplication Prohibited” for provisions respecting prohibitions for use of phrase “propagation prohibited”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 96–574 substituted provisions respecting prohibitions for use of phrases “Unauthorized Propagation Prohibited” and “Unauthorized Seed Multiplication Prohibited” for provisions respecting prohibitions for use of phrase “propagation prohibited”.

   Enacted provision · exact public law section
   (c) Section 128(a)(3) of such Act (7 U.S.C. 2568(a)(3)) is amended by striking out “Use of the phrase ‘propagation prohibited’ or similar phrase without reasonable basis, a statement of this basis being promptly filed with the Secretary if the phrase is used beyond testing and no application has been filed.” and inserting in lieu thereof “Use of either the phrase ‘Unauthorized Propagation Prohibited’ or ‘Unauthorized Seed Multiplication Prohibited or similar phrase without reasonable basis.”.

3. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 · 108 Stat. 3136

   1. Inserted · 7 U.S.C. § 2568(a)

      Pub. L. 103–349 inserted “or tubers or parts of tubers” after “plant material”

   2. Substituted · 7 U.S.C. § 2568(a)

      Pub. L. 103–349 substituted “if the Secretary determines” for “if he determines” in introductory provisions

   3. Added · 7 U.S.C. § 2568(a)

      Pub. L. 103–349 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–349 inserted “or tubers or parts of tubers” after “plant material” and substituted “if the Secretary determines” for “if he determines” in introductory provisions, and added par. (4).

   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.

4. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 title X § 10108(d) · 132 Stat. 4490

   Inserted · 7 U.S.C. § 2568(a)

   Pub. L. 115–334 inserted “or asexually” after “sexually” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–334 inserted “or asexually” after “sexually” in introductory provisions.

   Enacted provision · exact public law section
   (d) False Marketing; Cease and Desist Orders.— Section 128(a) of the Plant Variety Protection Act (7 U.S.C. 2568(a)) is amended, in the matter preceding paragraph (1), by inserting “or asexually” after “sexually”.

3 of 6 references resolved to an enrolled provision · 3 partial