A variety may be multiplied only as specified by the originating breeder or owner of the variety, but may not exceed two generations beyond the Foundation seed class, with the following exceptions:
A. Recertification of Certified seed may be permitted at the discretion of the certifying agency for varieties when Foundation seed does not exist.
B. In an emergency, a person may produce, if approved by the certifying agency before planting, an additional generation of Certified seed. An emergency exists when Foundation and Registered seed supplies are not available or are not adequate to plant the needed Certified acreage of a variety.
C. Permission to recertify the Certified class shall be requested in sufficient time to allow the certifying agency to obtain permission from the originating or sponsoring plant breeder, institution, firm, or owner of the variety. Any additional generation of Certified seed beyond that permitted by this regulation to meet an emergency need is ineligible for recertification.