Utah Administrative Code
Topic - Agriculture and Food
Title R68 - Plant Industry
Rule R68-8 - Utah Seed Rule
Section R68-8-18 - Advertising

Universal Citation: UT Admin Code R 68-8-18

Current through Bulletin 2024-06, March 15, 2024

(1) The name of a kind or kind and variety of seed and any descriptive terms shall be correctly represented in any advertisement of seed.

(2) The representation of the name of a kind or kind and variety of seed in any advertisement shall not create a misleading impression as to the history or characteristics of the kind or kind and variety. Descriptive words and firm names may be used in kind and variety name; provided, the descriptive words or firm names are a part of the kind or variety of seed; for example, Stringless Green Pod, Detroit Dark Red, Black Seed Simpson, and Henderson Bush Lima. A seed shall not be designated as a hybrid seed in any advertisement unless it comes within the definition of "Hybrid" in Section 4-16-102.

(3) Terms descriptive as to color, shape, size, the habit of growth, disease resistance, or other characteristics of the kind or variety, may be associated with the name of the kind or variety; provided, that it is done in a manner that clearly indicates the descriptive term is not part of the name of the kind or variety; for example, Oshkosh pepper (yellow) Copenhagen Market (round head) cabbage, and Kentucky Wonder pole bean.

(4) Terms descriptive of quality or origin and words descriptive of the basis for representations made may be associated with the name of the kind or variety of seed; provided, the terms are clearly identified as not part of the name of the kind or variety; for example, Blue Tag Gem Barley, Idaho Origin Ranger Alfalfa.

(5) Terms descriptive of the way or method of production or processing the seed may be associated with the name of the kind or variety of seed, providing the terms are not misleading.

(6) Brand names and terms taken from trademarks may be associated with the name of the kind and variety or mixtures of kinds or blends of varieties of seed as an indication of source; provided, that the terms are clearly indicated as being other than part of the name of the kind and variety, mixture, or blend. For example, Valley Brand Blend 15 Alfalfa, or River Brand Golden Cross Corn.

(7) If a number is associated with the word "mix" or "mixture," it shall represent the number of kinds rather than the number of varieties. For example, a 3-Way Mix shall include three different "kinds" of seed.

(8) Labeling, advertising, or other representations subject to this rule and claiming a seed lot is of a certified origin or any class thereof shall be determined by a seed certifying agency that shall verify:

(a) that the seed conforms to standards of purity and identity as to kind, species, and subspecies, if appropriate, or variety, and that tree and shrub seed was found to be of the origin and elevation claimed about the seed;

(b) that the seed bears an official label issued for the seed by a seed certifying agency certifying that the seed is of a specified class and a specified kind, species, and subspecies if appropriate, or variety; and

(c) if the seed is a variety protected under the Plant Variety Protection Act, 7 USC 2321 and specifies sale only as a class of certified seed, the seed is labeled with a varietal name and certified by an official seed certifying agency. Seed from a certified lot may be labeled as to the variety name when used in a mixture by, or with the approval of, the owner of the variety.

Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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