---
kind: "section"
citation: "7 U.S.C. § 2404"
title: "7"
title_heading: "Agriculture"
number: "2404"
heading: "Public interest in wide usage"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2404"
units:
  - "Chapter 57 — Plant Variety Protection"
  - "Subchapter II — Protectability of Plant Varieties and Certificates of Protection"
  - "Part D — Protectability of Plant Varieties"
---

# §2404. Public interest in wide usage


The [Secretary](/usc/7/499a.md?p=b-2) may declare a protected [variety](/usc/7/2401.md?p=a-10) open to use on a basis of equitable remuneration to the owner, not less than a reasonable royalty, when the [Secretary](/usc/7/499a.md?p=b-2) determines that such declaration is necessary in order to insure an adequate supply of fiber, food, or feed in [this country](/usc/7/2401.md?p=a-9) and that the owner is unwilling or unable to supply the public needs for the [variety](/usc/7/2401.md?p=a-10) at a price which may reasonably be deemed fair. Such declaration may be, with or without limitation, with or without designation of what the remuneration is to be; and shall be subject to review as under section [2461](/usc/7/2461.md) or [2462](/usc/7/2462.md) of this title (any finding that the price is not reasonable being reviewable), and shall remain in effect not more than two years. In the event litigation is required to collect such remuneration, a higher rate may be allowed by the court.


## Source credit

(Pub. L. 91–577, title II, § 44, Dec. 24, 1970, 84 Stat. 1547; Pub. L. 103–349, § 13(f), Oct. 6, 1994, 108 Stat. 3143.)

## Notes

### Editorial Notes

### Amendments

1994—Pub. L. 103–349 substituted “the Secretary” for “he” before “determines” in first sentence.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

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.