The trademark, trade name, or common name of a component and/or emphasis on one or more components or ingredients may form part of the label of a commercial fertilizer provided that:
  (1) such trademark, trade name, common name, or emphasis on a particular component contributes significantly in conveying to the purchaser important information respecting a distinctive characteristic of the product;
  (2) the display of the trademark or trade name on the label of the product is not unduly conspicuous in relation to the display of the registrant or guarantor of the product and other required information;
  (3) the common name and percentage of the component is given, and the percentage is determinable by accepted laboratory methods;
  (4) it can be shown by scientific data that the component is present in sufficient quantities to impart a distinctive characteristic to the product.

Source Note: The provisions of this §65.28 adopted to be effective October 7, 1983, 8 TexReg 3813; amended to be effective September 1, 1998, 23 TexReg 7555.