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Seeds
by See Title Page
part of the Agriculure Series

How We Try To Measure Trueness to Variety

WALTER A. DAVIDSON AND B. E. CLARK.

EVERYBODY knows that some roses are fragrant and some are not; some are red, and others are white, pink, or yellow. It would be inconvenient and confusing if we had no names for them.

Many variations in color, size, season, shape exist in each kind of plant. Plant breeders single out the variations to create new varieties.

Thousands of varieties of economic importance have been named and introduced into channels of commerce and are available to farmers and gardeners, but there has been no clear-cut, universally accepted understanding of the amount of variation that would justify a separate variety name.

The American Society of Agronomy in 1917 adopted a code for naming varieties, but not all plant breeders observed it.

The Federal Seed Act of 1939 defined variety as 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; for example, Marquis wheat, Flat Dutch cabbage, Manchu soybean, Oxhart carrot, and so forth."

That means that we should be able to tell a new variety from other varieties but how? No limit was placed on the characters that may be used in distinguishing one variety from another. They may be visible (such as color) or invisible (such as resistance to disease). It is evident, however, that the characters must be discernible by some technique. To be used to the best advantage, the identity of the variety must be made known to seed users through the use of one variety name.

The most vexing problem in connection with the continuous effort to encourage the distribution and use of seeds of superior varieties is the deceptive similarity of characteristics of seeds. The variations we referred to are of many kinds. Some are associated in no way with the difference in the appearance of the seeds.

It is necessary therefore to be careful to keep seed identified. Out of that need came certification of seed and studies of the means by which varieties may be distinguished readily by other than seed characteristics.

AN EXAMPLE of the confused situation that has existed in the naming of varieties of plants is the 2,640 names that were used in 1940 for 600 varieties of wheat, oats, barley, and rye, and the 100-odd names used for one of the first successful varieties of hybrid corn.

The confusion was made worse through the use of one name for more than one variety. Seed buyers over the years have selected well-known varieties and often unknowingly received seed of more readily available varieties. The deception meant that buyers became misinformed as to the true characteristics of the varieties.

Positive steps have been taken to settle the problem. The American Society of Agronomy and the Department of Agriculture in 1922 initiated a system of registration of varieties of wheat, oats, and barley. Registration was limited to varieties distinctly superior to others then available. The registered names and descriptions of the varieties were published in the journal of the society.

Varieties of soybean, flax, alfalfa, sweetclover, and other kinds were added later, but many varieties were introduced into commerce that were not registered. A similar effort was made to standardize the variety names of vegetables through the publication of "type books," but they likewise were limited to a relatively small number of the varieties in channels of commerce. To keep informed of the characteristics and the names of varieties in commerce, one had to read publications of the Department of Agriculture, State agricultural experiment stations, seedsmen, and private plant breeders. The publications had conflicting information.

A SUGGESTED uniform State seed law was adopted in 1917 by the Association of Official Seed Analysts in cooperation with the American Seed Trade Association. The suggested law required that seed be labeled to show the "commonly accepted name." This provision was vague, but most States enacted it into law. Whether the term "commonly accepted name" referred to the variety name or only to the name of the kind was never clear. This situation lasted more than 20 years.

The persistence of this lack of clarity may be attributed generally to three conditions: An inability to identify varieties by seed characters in seed laboratories; lack of facilities, as a part of enforcement of seed laws, to make varietal determinations in the greenhouse or field; and the absence of an adequate standard of variety names and descriptions.

The result was failure to regulate the labeling of seeds as to variety and the use of many names for each variety. Most of the States have corrected this situation. Many now require that agricultural seeds be labeled to show the name of the variety.

Costly field testing is done in several States to determine the variety of seed, which can be determined only during the growing or mature stage on the basis of such characteristics as date of maturity and size, shape, and color of leaf, head, tuber, fruit, and other parts.

Such tests could be avoided if we could find seed or seedling characteristics that could be determined in a relatively short time. Most of this testing is done to determine compliance with the State seed laws, but the results are used under the Federal Seed Act if the seed proves to be falsely labeled in interstate commerce.

UNDER THE Federal Seed Act, an effort to stabilize variety names and to develop a source of information to which the public may turn for guidance in the labeling of seeds as to variety started in 1939. The agricultural experiment stations have struggled with the same problem and have adopted policy statements for their own guidance.

Several meetings were conducted to develop an understanding with seeds-men, who suddenly found themselves compelled to label vegetable seed as to variety under the Federal Seed Act of 1939. The problems of the seed industry were revealed, and a belief was voiced that the strict enforcement of labeling as to variety would discourage private efforts to develop new and better varieties.

Finally, in 1946, the idea was advanced in the Department of Agriculture of creating variety committees, whose function would be to consider the names and characteristics of varieties to be recognized in the enforcement of the Federal Seed Act. Four committees were formed. Their members had expert knowledge of varieties and represented the Department, State experiment stations, and the American Seed Trade Association.

The four original committees were assigned to soybeans, cabbage, sorghum, and garden beans. Additional committees with wider representation have been added for hybrid corn, hybrid onions, and hybrid sorghum.

The committees inspected plots in which seed of the varieties had been sown. Then they agreed on a list of variety names and descriptions. The lists have been published by the Department and are included in the regulations under the Federal Seed Act as the variety names recognized for the purpose of enforcement. We hope the lists will be extended to include all crops subject to the act.

An amendment to the regulations under the Federal Seed Act in 1956 set forth certain principles with respect to variety names. They are contained in section 201.34 of the regulations and are published in Service and Regulatory Announcement No. 156. They provide that basically the recognized name of a variety is that assigned by the originator or discoverer of the variety. Variety names that have been in broad, general use before July 28, 1956, are recognized. Hybrid designations are recognized as variety names.

In keeping with the definition of variety that we quoted, the traits and not the parentage determine the variety.

We have known of instances in which a plant breeder has changed characteristics of stock still in his possession after seed of a variety has been made available to the public. The Federal Seed Act provides that when such changes occur, the same variety name cannot be kept for the one that has been changed. When a natural change in plant characteristics has occurred, it must be assumed the seed is no longer the same variety.

Technically, the function of this regulation is to help seedsmen comply with the Federal Seed Act. From a broader point of view, the regulations help carry out the intent of the act.

As stated by the Congress, the act is intended "to regulate interstate and foreign commerce in seed; to require labeling and to prevent misrepresentation of seeds in interstate commerce. ... In other words, the intent is to help buyers of seed to select what will best serve their needs.

To do so, the names of varieties must convey knowledge to the buyer of the characteristics of the variety. This can be done only if there is truthful labeling and advertising and if only one name is used for each variety. The regulations under the Federal Seed Act are designed to accomplish this.

It should be noted that the law does not apply directly to the naming of a variety of plants by the plant breeder. It applies only to seed shipped in interstate commerce, and the person who ships the seed or advertises seed for sale is the only person subject to the act. Practically all varieties of seed sooner or later, however, enter channels of commerce and enter interstate commerce. At this point, the labeling of seed as to variety is regulated under the Federal Seed Act. The plant breeder is thus concerned indirectly. It obviously would be unwise for a plant breeder to select a variety name that could not be used in the labeling or advertising of seed in interstate commerce. To do so would cause shippers to violate the law or become unnecessarily confused in their effort to comply with the law. The close cooperation between Federal and State agencies in the enforcement of the seed law is such that similar interpretations as to variety names may be expected in the States.

THE INTERNATIONAL Code of Nomenclature for Cultivated Plants advocates the formation of international registration authorities to assume the responsibility of keeping a record of all varieties.

One of the problems is to be sure, when names are introduced, that the varieties to which they are applied are new and different from the varieties already known. Without this precaution, a variety could be registered several times under as many names. Registration authorities should have the facilities for making the necessary tests.