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Title 7 — AgricultureRelease 119-73

§2570 Liability of States, instrumentalities of States, and State officials for infringement of plant variety protection

Title 7 › Chapter CHAPTER 57— - PLANT VARIETY PROTECTION › Subchapter SUBCHAPTER III— - PLANT VARIETY PROTECTION AND RIGHTS › Part Part L— - Remedies for Infringement of Plant Variety Protection, and Other Actions › § 2570

Last updated Apr 6, 2026|Official source

Summary

States, state agencies, and state officers can be sued in federal court by anyone — government or private — for violating plant variety protection under section 2541 or for other violations in this part of the law. They cannot use the Eleventh Amendment or other sovereign immunity to avoid those lawsuits. If sued, the same remedies that apply to private parties are available. That includes damages, interest, costs, three‑times damages under section 2564, and attorney fees under section 2565.

Full Legal Text

Title 7, §2570

Agriculture — Source: USLM XML via OLRC

(a)Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in the official capacity of the officer or employee, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of plant variety protection under section 2541 of this title, or for any other violation under this subchapter.
(b)In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies include damages, interest, costs, and treble damages under section 2564 of this title, and attorney fees under section 2565 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–349 substituted “the official capacity of the officer or employee” for “his official capacity”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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.

Effective Date

Section effective with respect to violations that occur on or after Oct. 28, 1992, see section 4 of Pub. L. 102–560, set out as an

Effective Date

of 1992 Amendment note under section 2541 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 2570

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73