7 U.S.C. § 2357: Unauthorized practice

Summary

Anyone in the United States who practices before the Office of Plant Variety Protection while suspended or excluded under section 2356, or who does so without being admitted, can be sued to return all money they received and to pay for any harm they caused, and a court can stop them from continuing. They owe no damage payments if they prove the work was done competently and without negligence. The rule does not apply to someone working under the supervision of an admitted, responsible practitioner (and not claiming to be independent), or to someone acting only for their regular employer.

Title 7, §2357

Agriculture, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

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 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.

§2357 Unauthorized Practice