§ 120.16. Eligibility.
(a) Any type of deciduous tree fruit, when approved by the Department, is eligible for entry in the FTIP as provided in this chapter. To be acceptable for registration or to be eligible for any planting entered in the FTIP, a plant shall have been tested and found to be free from detectable viruses. Patented clones shall be certified true to type and may be accepted providing written permission is obtained from the patent holder or his assignee allowing propagation for experimental manipulation and incorporation into the repository. Release of patented clones in the repository will be made only to the patent holder or his assignee during the duration of patent rights. Patented clones may not be entered in the program unless they have indexed negative for known viruses.
(b) For registration of a tree in a scion orchard, the Department will be notified at the time of planting of the intention of the applicant to seek registration, and application for registration shall be filed at least 2 years before propagating material is needed.
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