Kind, variety, and type; treatment substances; designation as hybrid.

CFR · 2024-01-01 · US · Title 7

(a) (b) (c) (d) (1) The variety name shall represent a subdivision of a kind, which is characterized by growth, plant, fruit, seed, or other characters by which it can be differentiated from other sorts of the same kind. (2) Except as otherwise provided in this section, the name of a new variety shall be the name given by the originator or discoverer of the variety, except that in the event the originator or discoverer of a new unnamed variety, at the time seed of the variety is first introduced into channels of commerce of the United States for sale to the public, cannot or chooses not to name the variety, the name of the variety shall be the first name under which the seed is introduced into such commerce. However, if the variety name so provided is in a language not using the Roman alphabet, the variety shall be given a name by the person authorized under this paragraph to name the variety, in a language using the Roman alphabet. (3) The variety name shall not be misleading. The same variety name shall not be assigned to more than one variety of the same kind of seed. (4) The status under the Federal Seed Act of a variety name is not modified by the registration of such name as a trademark. (5) Names of varieties which through broad general usage prior to July 28, 1956 were recognized variety names, except for hybrid seed corn, shall be considered variety names without regard to the principles stated in paragraph (d)(2) of this section. (6) The variety name for any variety

official document · source cfr-2024 · id 7:§ 201.34