---
kind: "section"
citation: "7 U.S.C. § 2570"
title: "7"
title_heading: "Agriculture"
number: "2570"
heading: "Liability of States, instrumentalities of States, and State officials for infringement of plant variety protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2570"
units:
  - "Chapter 57 — Plant Variety Protection"
  - "Subchapter III — Plant Variety Protection and Rights"
  - "Part L — Remedies for Infringement of Plant Variety Protection, and Other Actions"
---

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

- (a) Any [State](/usc/7/198.md?p=5), any instrumentality of a [State](/usc/7/198.md?p=5), and any officer or employee of a [State](/usc/7/198.md?p=5) or instrumentality of a [State](/usc/7/198.md?p=5) 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](/usc/7/2401.md?p=a-9) or under any other doctrine of sovereign immunity, from suit in Federal court by any [person](/usc/7/499a.md?p=b-1), including any governmental or nongovernmental entity, for infringement of plant [variety](/usc/7/2401.md?p=a-10) protection under [section 2541 of this title](/usc/7/2541.md), or for any other violation under this subchapter.
- (b) In a suit described in [subsection (a)](#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](/usc/7/2564.md), and attorney fees under [section 2565 of this title](/usc/7/2565.md).

## Source credit

(Pub. L. 91–577, title III, § 130, as added Pub. L. 102–560, § 3(b), Oct. 28, 1992, 106 Stat. 4231; amended Pub. L. 103–349, § 13(w), Oct. 6, 1994, 108 Stat. 3144.)

## Notes

### 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 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.

### 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.