Section 7. Limitations of Generations

The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner and shall not exceed two generations beyond the Foundation seed class with the following exceptions, which may be made with the permission of the originating or sponsoring plant breeder, institution, or his designee.

7.1    Recertification of the Certified class may be permitted when no Foundation seed is being maintained.

7.2    The production of an additional generation of the Certified class may be permitted on a 1-year basis only when an emergency is declared by any official seed certifying agency stating that the Foundation and Registered seed supplies are not adequate to plant the needed Certified acreage of the variety. The additional generation of Certified seed to meet the emergency need is ineligible for recertification.

7.3    The production of an additional generation of the Certified class may be permitted for one harvest only, when an emergency is declared by any official seed certifying agency stating that an unanticipated event occurred post-planting and expected production will be insufficient to meet expected demand. The additional generation of Certified seed to meet the emergency need is ineligible for recertification.

7.4    Generally Accepted Practices for Allowing an Additional Generation of Certified Seed in an Emergency:

1. An additional generation of certified seed must meet all other eligibility requirements.

2. Only the originally planted production for original producers should be replaced with the additional generation of certified seed. Emergency requests should not be based on an individual’s or company’s failure to adequately plan for production or based upon fields failing to meet certification standards.

3. Permission to certify an additional generation of seed must be obtained from the originator of the variety or their designee.

4. Once a member agency receives a request to declare an emergency, it should notify the AOSCA central office of the request. The notification should include a brief summary of the situation and why the Agency believes the emergency declaration is necessary.

5. The AOSCA central office will provide notification to all active member agencies of the situation and provide a 7 day period for comment.

6. Each member agency may provide input to the agency making the additional generation request, either supporting or refuting the emergency declaration request within the comment period.

7. At the end of the comment period, the agency receiving the emergency request shall make a final ruling with regard to the emergency request. Once the final decision is made, the agency should notify the AOSCA central office who in turn will notify all active member agencies of the disposition of the request.

7.5    Recertification of seed potatoes is limited to 5 generations. Recertification is the production of one generation from the previous generation.