W. Va. Code R. § 61-39-5 - Definitions of Terms Used for Purposes of Certification Programs

5.1. Variety Classes:

5.1.1. Breeder Class: Breeder seed is seed directly controlled by the originating or sponsoring plant breeding institution, or person, or designee thereof. As applied to certified seed, breeder seed is the source for the production of seed of the other classes of certified seed.

5.1.2. Foundation Class: Foundation seed is seed which is the progeny of breeder or foundation seed produced under control of the originator or sponsoring plant breeding institution, or person, or designee thereof. As applied to certified seed, Foundation seed is a class of certified seed which is produced under procedures established by the certifying agency for the purpose of maintaining genetic purity and identity.

5.1.3. Registered Class: Registered seed is the progeny of Breeder, Select, or Foundation seed handled under procedures acceptable to the certifying agency to maintain satisfactory genetic purity and identity.

5.1.4. Certified Class: Certified seed is the progeny of Breeder, Select, Foundation, or Registered seed so handled as to maintain satisfactory genetic purity and identity, and which has been approved and certified as acceptable to the certifying agency.

5.2. Pre-Variety Germplasm Types:

5.2.1. Source-identified Germplasm: Source-identified is a type of propagating material collected from natural stands, seed production areas, seed fields, or orchards where no selection or testing of the parent population has been conducted.

5.2.2. Selected Germplasm: Selected is a type of propagating material that is the progeny of phenotypically selected plants of untested parentage that have promise but no proof of genetic superiority or distinctive traits.

5.2.3. Tested Germplasm: Tested is a type of propagating material that is the progeny of plants whose parentage has been tested and has proven genetic superiority or possesses distinctive traits for which the heritability is stable, as defined by the certifying agency, but for which a variety has not been named or released. This seed must be produced so as to assure genetic purity and identity.

5.3. Conditioning: The mechanical handling of seed from harvest until marketing.

5.4. Double Cross: The first generation hybrid between two foundation single crosses.

5.5. Foundation Backcrosses:

5.5.1. A first generation foundation backcross is the first generation cross between a foundation single cross of related inbred lines and an inbred line which shall be the same as one of the inbreds in the foundation single cross.

5.5.2. A second generation foundation backcross is the cross of a first generation backcross (ear parent) with its recurrent inbred parent (pollen parent).

5.6. Foundation Single Cross: A single cross used in the production of foundation backcrosses or of double, three-way, or top crosses.

5.7. Inbred Line: A relatively true-breeding strain resulting from controlled self-fertilization or of backcrossing to a recurrent parent with selection or its equivalent.

5.8. Off-Types: Any seed or plant not a part of the variety in that it deviates in one or more characteristics from the variety as described and may include: a seed or plant of another variety; a seed or plant not necessarily any variety; a seed or plant resulting from cross-pollination by another kind or variety; a seed or plant resulting from uncontrolled self-pollination during production of hybrid seed; or segregates from any of the above.

5.9. Open-Pollination: Seed produced as a result of natural pollination as opposed to hybrid seed produced as a result of controlled pollination.

5.10. Plant Breeder: A person or organization actively engaged in the breeding and maintenance of varieties of plants.

5.11. Pre-Variety Germplasm: Wild collected or field or nursery cultivated germplasm of a native or naturalized species which originates from a specific geographic area and has not been released as a variety.

5.12. Single Cross: The first generation of a cross of two inbred lines, an inbred line and a foundation backcross, or of two foundation backcrosses.

5.13. Three-Way Cross: The first generation of a cross of a foundation single cross and an inbred line or a foundation backcross.

5.14. Top Cross: The first generation of a cross between an open pollinated variety and an inbred line, a foundation backcross, or a foundation single cross.

5.15. Total Viable: Is the sum of percentage germination plus dormant plus hard seeds.

5.16. Variant: Variant means any seed or plant which (a) is distinct within the variety but occurs naturally in the variety, (b) is stable and predictable with a degree of reliability comparable to other varieties of the same kind, within recognized tolerances, when the variety is reproduced or reconstituted, and (c) was originally a part of the variety as released. A variant is not an off-type.

5.17. Variety: Means a subdivision of a kind which is distinct, uniform. and stable.

(1) "Distinct" means that the variety can be differentiated by one or more identifiable morphological, physiological or other characteristics from all other varieties of public knowledge.

(2) "Uniform" means that the variations in essential and distinctive characteristics are describable.

(3) "Stable" means that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

Notes

W. Va. Code R. § 61-39-5