---
kind: "section"
citation: "7 C.F.R. § 97.6"
title: "7"
number: "97.6"
heading: "Application for certificate."
url: "https://uscodex.org/cfr/7/97.6"
---

# §97.6. Application for certificate.

- (a) An application for a plant variety protection certificate shall be signed by, or on behalf, of the applicant.
- (b) The application shall state the full name, including the full first name and the middle initial or name, if any, and the capacity of the person executing it.
- (c) The fees for filing an application, examination, and certificate issuance shall be submitted with the application in accordance with [§§ 97.175 through 97.178](/cfr/7/97.175..97.178.md).
- (d) The applicant shall submit with the application:
  - (1) A declaration that at least 3,000 seeds of the viable basic seed required to reproduce the variety will be deposited in a public depository approved by the Commissioner and will be maintained for the duration of the certificate; or
  - (2) With the application for a tuber propagated variety, a declaration that a viable cell culture will be deposited in a public depository approved by the Commissioner and will be maintained for the duration of the certificate; or
  - (3) With the application for a hybrid from self-incompatible parents, a declaration that a plot of vegetative material for each parent will be established in a public depository approved by the Commissioner and will be maintained for the duration of the certificate, or
  - (4) Except as provided in [§ 97.7(d)(3)](/cfr/7/97.7.md?p=d-3), with the application for an asexually propagated variety, a declaration that a deposit of propagating material in a public depository approved by the Commissioner will be made and maintained for the duration of the certificate.

## Notes

### Amendments

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995; 61 FR 248, Jan. 4, 1996; 70 FR 28785, May 19, 2005; 70 FR 54611, Sept. 19, 2005; 85 FR 430, Jan. 6, 2020]

### Authority

Authority: Plant Variety Protection Act, as amended, 7 U.S.C. 2321 et seq.

### Source

Source: 58 FR 42435, Aug. 9, 1993, unless otherwise noted.

### Amendments

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995; 61 FR 248, Jan. 4, 1996; 70 FR 28785, May 19, 2005; 70 FR 54611, Sept. 19, 2005; 85 FR 430, Jan. 6, 2020]