The number of generations through which a seed variety may be multiplied is limited to the number specified by the originating breeder or owner of a variety except that:

(1) Unlimited recertification of the certified seed class may be permitted for crop varieties where foundation seed is not being maintained.

(2) The production of an additional generation of the certified class may be permitted on a one-year basis when:

(a) Prior to the planting season, the certifying agency states that foundation and registered seed supplies in the United States are not adequate to plant the needed acreage of the variety.

(b) Permission of the originating breeder and/or owner of the variety is obtained (if applicable).

(c) The additional generation of certified seed produced is declared to be ineligible for recertification.