7 C.F.R. § 201.10

Variety

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(a) The following kinds of agricultural seeds are generally labeled as to variety and shall be labeled to show the variety name or the words “Variety Not Stated.”

Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover, crimson; Clover, red; Clover, white; Corn, field; Corn, pop; Cotton; Cowpea; Crambe; Fescue, tall; Flax; Lespedeza, striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Radish; Rice; Rye; Safflower; Sorghum; Sorghum-sudangrass, Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; Triticale; Wheat, common; Wheat, durum.

(b) If the name of the variety is given, the name may be associated with the name of the kind with or without the words “kind and variety.” The percentage in such case, which may be shown as “pure seed,” shall apply only to seed of the variety named, except for the labeling of hybrids as provided in § 201.11a. If separate percentages for the kind and the variety or hybrid are shown, the name of the kind and the name of the variety or the term “hybrid” shall be clearly associated with the respective percentages. When two or more varieties are present in excess of 5 percent and are named on the label, the name of each variety shall be accompanied by the percentage of each.

[32 FR 12778, Sept. 6, 1967, and 33 FR 10840, July 31, 1968, as amended at 35 FR 6108, Apr. 15, 1970; 59 FR 64491, Dec. 14, 1994; 85 FR 40579, July 7, 2020]

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Doeblers' Pennsylvania Hybrids, Inc. v. Doebler, 442 F.3d 812 (3rd Cir. 2006).

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Doeblers' Pennsylvania Hybrids, Inc. v. Doebler, 442 F.3d 812 (3rd Cir. 2006). “’" 7 C.F.R. § 201.10 (a). 25 . The Patent and Trademark Office ("PTO”) takes a similar approach to variety names in trademark applications, instructing trademark examiners that "[v]arietal or cultivar names” are names that might "consist of a numeric or alphanumeric code or can…”

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