1. (a) Except as provided in subsection (b), the name of each kind of agricultural seed or vegetable seed is the name associated with one (1) or more related species or subspecies which singly or collectively are:

   1. (1) allowed under 7 CFR 201.34; or
   2. (2) known by one (1) common name.

2. (b) A name of a kind of agricultural seed or vegetable seed that is synonymous through broad common usage may be substituted for the name in subsection (a) if the name:

   1. (1) does not apply to more than one (1) kind of seed; and
   2. (2) is not misleading.
3. (c) The representation of the same kind and variety of agricultural seed or vegetable seed in any advertisement or labeling must be confined to the kind and variety as determined under this chapter. The kind name and variety name may not be associated with words or terms that create a misleading impression as to the history or characteristics of the kind and variety. Descriptive terms and firm names may be used in kind and variety names if the descriptive terms or firm names are a part of the name of the kind and variety name of the seed. Examples: Stringless Green Pod, Detroit Dark Red, Black Seeded Simpson, and Henderson Bush Lima.
4. (d) A term that describes color, shape, size, habit of growth, disease resistance, or other characteristics of the kind and variety may be associated with the name of the kind and variety if it is done in a manner that clearly indicates the descriptive term is not a part of the name of the kind and variety. Examples: Oshkosh Pepper (yellow), Copenhagen Market (round head) Cabbage, and Kentucky Wonder pole bean.

5. (e) A term that describes the:

   1. (1) quality;
   2. (2) origin; or

   3. (3) basis for representations made;

      may be associated with the name of the kind and variety of seed, if the term is clearly identified as being other than part of the name of the kind and variety. Examples: Blue Tag Gem Barley, Idaho Origin Alfalfa, and Grower's Affidavit of Variety Atlas Sorghum.

6. (f) A descriptive term that describes the manner or method of production or conditioning of seed may be associated with the name of the kind and variety of seed if the term is not misleading. For example, the terms "certified", "registered", "scarified", "treated", and "hulled" may be used if they are not misleading.
7. (g) A brand name or term taken from a trademark may be associated with the kind and variety or mixtures of kinds or varieties or blends of varieties of seed as an indication of the source. However, the term must clearly indicate that the term is not part of the name of the kind and variety, mixture, or blend. Example: Ox Brand Golden Cross sweet corn. A brand name or trademark may not be used in place of a variety name or in any manner that may be interpreted as being a variety name.

As added by P.L.82-2026, SEC.21.