[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: 7CFR97.8]

[Page 257]
 
                          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. 97.8  Specimen requirements.

    (a) The applicant may be required by the examiner to furnish 
representative specimens of the variety, or its flower, fruit, or seeds, 
in a quantity and at a specified stage of growth, as may be necessary to 
verify the statements in the application. Such specimens shall be packed 
and forwarded in conformity with instructions furnished by the examiner. 
If the applicant requests the examiner to inspect plants in the field 
before a final decision is made, all such inspection costs shall be 
borne by the applicant by payment of fees sufficient to reimburse the 
Office for all costs, including travel, per diem or subsistence, and 
salary.
    (b) Plant specimens submitted in support of an application shall not 
be removed from the Office except by an employee of the Office or other 
person authorized by the Secretary.
    (c) Plant specimens submitted to the Office shall, except as 
provided below, and upon request, be returned to the applicant at his or 
her expense after the specimens have served their intended purpose. The 
Commissioner, upon a finding of good cause, may require that certain 
specimens be retained in the Office for indefinite periods of time. 
Specimens which are not returned or not retained as provided above shall 
be destroyed.

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