USDA Announces Delay of Germplasm Deposit Requirement for Asexually Reproduced Varieties Protected by the USDA Plant Variety Protection Office

August 31, 2022

The U.S. Department of Agriculture (USDA) today announced the delay of the germplasm deposit requirement for asexually reproduced varieties protected by the Plant Variety Protection Office.  Due to continued technical infeasibilities, this requirement is delayed until further notice.

The Plant Variety Protection Regulations (Title 7, Subtitle B, Chapter I, Subchapter E, Part 97.7) require the deposit of a voucher specimen for asexually reproduced varieties; and note that enforcement of the requirement is delayed through January 6, 2023. The purpose of the delay was to allow time to identify possible solutions to technical challenges.

Due to continued and ongoing technical challenges and infeasibilities, germplasm deposits of propagating materials for asexually reproduced varieties are delayed until further notice; and will not be required retroactively. Please note that Part 97.7(d)(2)(i) requires the applicant to make a declaration that the propagating material will be maintained at a specific physical location, subject to Plant Variety Protection Office inspection when requested; and (ii) to make a declaration that propagating material will be provided within three months of a request by the Plant Variety Protection Office. Failure to provide propagating material as requested shall result in the certificate being regarded as abandoned.

For more information, contact the Plant Variety Protection Office at or at (202) 720-1066.

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