1. (a) Agricultural Seeds. The common names listed in Section 3899, Schedule I (a), are recognized as “commonly accepted” names for the purpose of labeling agricultural seeds as required by Section 52452, Food and Agricultural Code.
2. (b) Vegetable Seeds. The common names listed in Section 3899, Schedule I (b), are recognized as names of “kind” for the purpose of labeling vegetable seeds as required by Section 52453, Food and Agricultural Code. In addition to the “kind,” the “variety” is required to be stated on the label of vegetable seeds. If the variety is not known, the label is construed to be in compliance with this provision if it contains the words “unknown variety.”
3. (c) Other Names. Any name of kind, type, variety or strain, whether listed in Schedule I or not, is construed to comply with the requirements of Sections 52452 and 52453, Food and Agricultural Code, if its application to the seed so labeled is in fact in common usage in California, unless such usage is misleading or confusing. Names or terms that tend to create a false impression as to history or quality of the seed are construed to be misleading.

4. (d) Hybrid. The term “hybrid” applied to kinds or varieties of seed means the first generation seed of a cross produced by controlling the pollination and by combining (1) two or more inbred lines; (2) one inbred or a single cross with an open-pollinated variety; or (3) two selected clones, see lines, varieties, or species. “Controlling the pollination” means to use a method of hybridization which will produce pure seed which is at least 75 percent hybrid seed. Hybrid designations shall be treated as variety names.

   Any kind or variety that is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show (a) the percentage that is hybrid seed or (b) a statement such as “contains from 75 percent to 95 percent hybrid seed.”

Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52452, Food and Agricultural Code.

History

1. Amendment filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31). For prior history, see Register 69, No. 4.

2. Editorial correction adding Note filed 4-27-83 (Register 83, No. 18).