United States Agricultural Livestock, Seed Regulatory and Testing Division 

Department of Marketing Poultry, and 801 Summit Crossing Place, Suite C 

Agriculture Service Seed Program Gastonia, NC 28054-2193 

 704-810-8871, FAX 704-852-4189 

 www.ams.usda.gov/rules-regulations/fsa

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FACTS ABOUT: NAMING AND LABELING VARIETIES OF SEED 

INTRODUCTION 

Every year new varieties of agricultural and vegetable seed enter channels of commerce. New 

varieties of seed can provide farmers and home gardeners with a wider selection of seed. 

Marketing seed by its correct variety name is the appropriate way to do business. However, a 

variety is sometimes named, labeled, or advertised improperly as it passes through marketing 

channels. 

Marketing seed under the wrong variety name can lead to financial loss for several participants 

in the seed marketing chain. For example, farmers buy seed to achieve specific objectives such 

as increased yield, competitiveness in a specialized market, or adaptability to growing conditions 

of a specific region. When the variety is misrepresented, the harvest may be less valuable than 

anticipated, or there may not be a market for the crop. 

Seed companies and plant breeders also suffer in a market where problems with variety names 

exist. For instance, if the name of a newly released variety is misleading or confusing to the 

potential buyer, the variety may not attract the anticipated sales. 

This fact sheet outlines requirements for naming agricultural and vegetable varieties. The 

information in this fact sheet is based on the Federal Seed Act (FSA), a truth-in-labeling law 

intended to protect farmers, home gardeners, and others who purchase seed. 

WHO NAMES NEW VARIETIES? 

The originator or discoverer of a new variety may give that variety a name. If the originator or 

discoverer chooses not to name a variety, someone else may assign a variety name for marketing 

purposes. In any case, the name first used when the seed is introduced into commerce will be the 

name of the variety. 

Once a variety name has been legally assigned, it cannot be changed except under exceptional 

circumstances. For instance, a buyer may not purchase seed labeled as variety "X" and resell it 

as variety "Y." For exceptions to this rule, see the section on changing variety names. 

WHAT'S IN A VARIETY NAME? 

To fully understand the process involved with naming a variety, it is important to realize the 

difference between a "kind" of seed and a "variety" of seed. 

"Kind" is the term used for the seed of one or more related species or subspecies known by a 

common name such as carrot, radish, wheat, or soybean (see section 101(a)(11) of the FSA). 
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"Variety" is a subdivision of a kind. A variety has different characteristics from other varieties 

of the same kind of seed (see section 101(a)(12) of the FSA). 

The following rules relate to naming varieties of seed: 

 A variety must be given a name that is unique to the kind of seed to which the variety 

belongs. For instance, there can only be one variety of wheat named "Prairie Road." 

 Varieties of two or more different kinds of seed may have the same name if the kinds are 

not closely related. For example, there could be a "Prairie Road" wheat and "Prairie 

Road" sorghum because wheat and sorghum are kinds of seed not closely related. 

However, it would not be permissible to have a "Prairie Road" tall fescue and a "Prairie 

Road" red fescue because the two kinds of seed are closely related and both varieties 

could be in the same grass seed mixture. 

 Once a name is assigned to a variety, that name cannot be used for another variety of the 

same kind. Even if "Prairie Road" wheat has not been marketed for many years, a newly 

developed and different wheat variety cannot be given the name "Prairie Road." 

 A company name may be used in a variety name as long as it is part of the original, 

legally assigned name. Once part of a legal variety name, the company name must be 

used by everyone, including another company that might market the seed. When a 

company name is not part of the variety name, it should not be used in a way that gives 

the impression that it is part of the variety name. For example, Ajax Seed Company 

cannot label or advertise "Prairie Road" the wheat variety as "Ajax Prairie Road" because 

"Ajax" could be interpreted as part of the variety name. The appropriate way to avoid 

confusion is to clearly distinguish the company name and variety name in the advertising 

or labeling. 

 Descriptive terms may be used in variety names as long as such terms are not misleading. 

"GBR," for instance, is accepted among sorghum growers as meaning "green bug 

resistant." It would be inappropriate to include "GBR" as part of a variety name, if that 

variety were not green bug resistant. 

 A variety name should be clearly different in spelling and in sound. The name "Alan" for 

a cucumber variety would not be permissible if "Allen" is already the name of a 

cucumber variety. 

HYBRIDS 

Hybrid designations are treated as variety names. The rules for naming varieties presented here 

also apply to hybrid seed. 

In the case of hybrids, the situation is more complex. Two or more seed companies may use 

identical parent lines in producing a hybrid variety. One company could then produce a hybrid 

that would be the same as a hybrid already marketed by another firm. When this happens, both 

firms must use the same name because they are marketing the same variety. 
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If the company who developed the parent lines has assigned the hybrid variety a name, that is the 

legal name. Otherwise, the proper variety name would be the name assigned by the company 

that first introduced the hybrid into commerce. 

SYNONYMS—OLD VARIETIES WITH SEVERAL NAMES 

As noted earlier, the name originally assigned to a variety is the name that must be used. Some 

old varieties may be marketed legally under more than one name. If several names for a single 

variety of an agricultural or vegetable seed were in broad general use before July 28, 1956, those 

names still may be used. For hybrid corn this exception applies to names in use before October 

20, 1951 (see section 201.34(d)(6) of the FSA regulations). 

With the exception of old varieties with allowable synonym names, all vegetable and agricultural 

varieties may have only one legally recognized name, and that name must be used as the variety 

name in labeling and advertising. This includes interstate seed shipment labeling and all 

methods of advertising. 

USE OF EXISTING VARIETY NAMES 

There are several acceptable ways to name a new variety that is derived from an existing variety. 

One way to name this new variety is to give it an entirely new name. Another possibility is to 

use the name of the original variety plus a prefix or suffix that makes the variety name unique. If 

the name of an existing variety is used as part of the name of a new variety, the new variety must 

be derived from or closely related to the existing variety. It is expected that the new variety will 

be similar to the existing variety but contain one or more new, improved, or value added traits. 

IMPORTED VARIETIES 

If the name of the imported variety will cause a conflict with the name of an existing variety 

being sold in the U.S., the name of the imported variety must be changed prior to sale in the U.S. 

If the imported variety is identified by an experimental designation (e.g., E123), the variety can 

be named prior to the first sale in the U.S. However, if the variety is offered for sale in the U.S. 

with the experimental designation, the experimental designation becomes the variety name. 

If the variety name of imported seed is in a language not using the Roman alphabet, the name 

must be changed to a language using the Roman alphabet prior to sale in the U.S. In addition, 

letters and numbers are considered as part of the Roman alphabet; therefore, a variety name 

consisting of letters and numbers cannot be changed when imported into the United States for 

sale. 

CHANGING VARIETY NAMES 

The variety name is the name assigned by the originator of the variety or the name used when the 

variety first enters U.S. commerce for sale to the public. Once a variety has been named, that 

name must be used for the life of the variety. However, there are several circumstances that will 

require a variety name to be changed. 
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 The name chosen for a new variety is the same as the name of an existing trademark: 

Occasionally, a seed company will inadvertently choose a name for a new variety that is 

the same as an established trademark. In response to legal action taken by the owner of 

the trademark, the owner of the variety may be required to choose a new name for their 

variety. 

 The name chosen for a new variety is the same as the name of an existing variety of the 

same kind of seed: The name is valid for the existing variety because the name was 

assigned to this variety first. Therefore, a different name has to be chosen for the new 

variety. 

 The name of an imported variety is the same as the name of an existing variety of the 

same kind of seed that has been previously sold in the U.S. A new name will have to be 

chosen for the imported variety prior to sale in the U.S. because two varieties of the same 

kind are prohibited from having the same name. 

 The name of a variety imported for sale in the U.S. is in a foreign language that does not 

use the Roman alphabet: If a variety was imported from China and the variety name was 

in Chinese characters, the variety would have to be assigned a name in English prior to 

sale in the United States. 

 A variety name is considered misleading: For example, the name ‘Giant’ for a cherry 

tomato variety would be misleading because the name infers that the variety would 

produce large fruit. Therefore, the variety would have to be assigned a more suitable 

name that would not be misleading. 

VARIETY NAMES vs. BRAND NAMES and MIXTURE/BLENDS 

A variety name cannot be used as a brand name and a brand name cannot be used as a variety 

name. When used in labeling and advertising a brand name cannot be used in a way that could 

convey the impression that it is a variety name. 

Seed lots comprised of mixtures of kinds or blends of varieties can be provided with mixture or 

blend names. However, labeling and advertising of mixtures and blends must not create the 

impression that the seed comprising the mixture or blend is a single variety. Also, a variety 

name cannot be used as a name of a mixture or blend, even if the variety is a component of the 

mixture or blend. 

CHOOSING A NEW VARIETY NAME 

If you plan to name a new variety, you should investigate the name you wish to use. You should 

not use a name if it has been used before or if a confusingly similar name exists for that kind. 

Researching a name to avoid potential conflict is not foolproof. The Seed Regulatory and 

Testing Division in USDA's Agricultural Marketing Service can assist you in your research. To 

request a variety name clearance, please visit our Web site https://www.ams.usda.gov/rulesregulations/fsa then variety names, and then “Apply for Variety Name Service.” There are 

detailed instructions on applying for variety name clearance and providing a release date. 

Because there is no variety registration system in the U.S., we cannot assure you that these 

names are free of conflicts. Moreover, our clearance confers no legal precedence. 
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FOR MORE INFORMATION 

For more information on naming, labeling, and advertising seed, contact: 

Seed Regulatory and Testing Division 

801 Summit Crossing Place, Suite C 

Gastonia, North Carolina 28054-2193 

E-mail: stephen.malone@ams.usda.gov 

Phone: 704-810-8871 

Fax: 704-852-4189 

The use of company and variety names in this guide is for illustration only and does not 

constitute endorsement or indictment by the U.S. Department of Agriculture.