---
kind: "section"
citation: "7 U.S.C. § 2462"
title: "7"
title_heading: "Agriculture"
number: "2462"
heading: "Civil action against Secretary"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2462"
units:
  - "Chapter 57 — Plant Variety Protection"
  - "Subchapter II — Protectability of Plant Varieties and Certificates of Protection"
  - "Part G — Appeals to Courts and Other Review"
---

# §2462. Civil action against Secretary


An applicant dissatisfied with a decision under section [2443](/usc/7/2443.md) or [2501](/usc/7/2501.md) of this title, may, as an alternative to appeal, have remedy by civil action against the [Secretary](/usc/7/499a.md?p=b-2) in the [United States](/usc/7/2401.md?p=a-9) 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](/usc/7/499a.md?p=b-2) allows. The court may, in the case of review of a decision by the [Secretary](/usc/7/499a.md?p=b-2) refusing plant [variety](/usc/7/2401.md?p=a-10) protection, adjudge that such applicant is entitled to receive a certificate of plant [variety](/usc/7/2401.md?p=a-10) protection for the [variety](/usc/7/2401.md?p=a-10) as specified in the application as the facts of the case may appear, on compliance with the requirements of this chapter.


## Source credit

(Pub. L. 91–577, title II, § 72, Dec. 24, 1970, 84 Stat. 1550; Pub. L. 103–349, § 13(k), Oct. 6, 1994, 108 Stat. 3143.)

## Notes

### Editorial Notes

### Amendments

1994—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.

### 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.