§ 113729.5

“Acceptable market name” means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of Federal Regulations, in the labeling of a species. An acceptable market name fairly represents the identity of the species to United States consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. An acceptable market name may be any of the following:

(a) A common or usual name established by either a history of common usage in the United States or by regulation.

(b) The common name.

(c) A name specifically coined as the market name for a species. For example, “basa” is the market name coined for Pangasius bocourti.

(Added by Stats. 2015, Ch. 615, Sec. 1. (AB 226) Effective January 1, 2016.)