W. Va. Code R. § 61-39-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-39-13 - Eligibility Requirements for Certified Crop Varieties

13.1. Minimum standards of the Association of Official Seed Certifying Agencies (AOSCA) shall be met. Only those varieties that are accepted as meriting certification, in accordance with the criteria provided by the West Virginia Department of Agriculture, are eligible for certification. The department may deny or suspend certification when considered appropriate. Non-Certified seed or grains may be eligible for official AOSCA labels as outlined in the AOSCA Quality Assurance (QA) Program or the General Standards for the Identity Preserved (IP) Program.

13.1.1. Varieties will normally be considered eligible for certification if the variety has received favorable action by one or more of the following:

13.1.1.a. The National Variety Review Board (if one exists for that crop);

13.1.1.b. The Plant Variety Protection Office;

13.1.1.c. Another official seed certification agency; or

13.1.1.d. Variety is eligible for certification under the OECD Seed Schemes.

13.1.2. If a variety or line has not been exposed to any of the above organizations, then the West Virginia Department of Agriculture will make the final decision. The developer, public or private, must provide reasonable assurance that the identity of the variety or line has been maintained and meets all other eligibility requirements as specified in the Uniform System for Bringing Varieties into Certification in the United States, Operational Procedures of the Association of Official Seed Certifying Agencies.

W. Va. Code R. § 61-39-13