The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner of a variety, but shall not exceed two generations beyond foundation seed, with the following exceptions:     
       (1) Unlimited recertification of the certified class may be permitted for older crop varieties where foundation seed is not being maintained.      
       (2) The production of an additional generation of the certified class only may be permitted on a one year basis when an emergency is declared by the State Seed and Plant Board stating that foundation and registered seed supplies are not adequate to plant the needed certified acreage of the variety. The permission of the originating or sponsoring plant breeder, institution, firm, or owner of the variety, if existent, must be obtained. The additional generation of certified seed to meet the emergency need is ineligible for recertification.      
     Source Note:        The provisions of this §10.4 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective February 28, 2002 27 TexReg 1316