(a) If any one kind or kind and variety of seed present in excess of 5.0% is hybrid seed, it shall be designated hybrid on the label. The percentage that is hybrid shall be at least 95% of the percentage of pure seed shown unless the percentage of pure seed which is hybrid is shown separately. If two or more kinds or varieties are present in excess of 5.0% and are named on the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or kind and variety that has pure seed which is less than 95% but more than 90% hybrid as a result of incompletely controlled pollination in a cross shall be labeled to show the percentage of pure seed that is hybrid. No kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 90% hybrid seed, except hybrid wheat, hybrid millet and hybrid cotton.
(b) Hybrid wheat, hybrid millet and hybrid cotton shall be labeled the same as all other hybrids except that any one kind or kind and variety that has pure seed which is less than 95% but more than 75% hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show:
  (1) the percentage of pure seed that is hybrid seed; or
  (2) a statement such as "contains from 75% to 95% hybrid seed." No one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 75% hybrid seed.

Source Note: The provisions of this §9.8 adopted to be effective September 6, 1996, 21 TexReg 8097.