[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR97.104]

[Page 261-262]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
 
PART 97_PLANT VARIETY AND PROTECTION--Table of Contents
 
Sec. 97.104  Application or certificate abandoned.

    (a) Except as provided in paragraph (c) of this section, if the fee 
specified in the notice of allowance is not paid within 1 month from the 
date of the notice, the application shall be considered abandoned.
    (b) Upon request by the Office, the owner shall replenish the viable 
basic seed sample of the variety and shall pay the handling fee for 
replenishment. Upon request, the sample of seed which has been replaced 
shall be returned to the owner, otherwise it shall be destroyed. Failure 
to replenish viable basic seed within 3 months from the date of request 
shall result in the certificate being regarded as abandoned. No sooner 
than 1 year after the date of such request, notices of abandoned 
certificates shall be published in the Official Journal, indicating that 
the variety has become open for use by the public and, if previously 
specified to be sold by variety name as ``certified seed only,'' that 
such restriction no longer applies.
    (c) If the allowance fee, the viable basic seed sample or the fee 
for delayed payment are submitted within 9 months of the final due date, 
it may be accepted by the Commissioner as though no abandonment had 
occurred. For good cause, the Commissioner may extend for a reasonable 
time the period for submitting a viable basic seed sample before 
declaring the certificate abandoned.
    (d) A certificate may be voluntarily abandoned by the applicant or 
his or

[[Page 262]]

her attorney or agent of record or the assignee of record by notifying 
the Commissioner in writing. Upon receipt of such notice, the 
Commissioner shall publish a notice in the Official Journal that the 
variety has become open for use by the public, and if previously 
specified to be sold by variety name as ``certified seed only,'' that 
such restriction no longer applies.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995; 70 
FR 28785, May 19, 2005]