.03 Eligibility Requirements for Certification of Varieties.

A. A variety that is approved by any of the following organizations is eligible for certification:

(1) National Variety Review Board. A part of the Association of Official Seed Certifying Agencies that is responsible for determining that a variety merits certification by evaluating information furnished by the applicant.

(2) Plant Variety Protection Office. A bureau within the U.S. Department of Agriculture that encourages the development of novel varieties of sexually reproduced plants.

(3) Official Seed Certifying Agency. The agency responsible for directing seed certification activities within a state.

(4) A variety determined by the Secretary to be eligible.

B. Before a variety is eligible for certification by the agency, the breeder, owner, or other person shall provide the following information:

(1) Name of variety;

(2) A statement concerning origin of the variety and breeding procedures used in its development;

(3) A description of the variety;

(4) Disease and insect resistance, yield data, and any other data that may support its identity;

(5) The area of adaptation of the variety;

(6) The procedure for maintenance of seed classes, including the number of generations through which the variety may be multiplied;

(7) A description of the manner in which the variety is constituted when a particular cycle or reproduction or multiplication is specified;

(8) Additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age of stand (growing crop), or other factors affecting genetic purity; and

(9) A seed sample representative of the variety, as marketed.