Common Cultivar

A plant (except a tree) that:

 (1) Has been developed through artificial selection for specific morphological or physiological characteristics; and

 (2) Is a species or hybrid, or a selection thereof, that is produced on a commercial scale; and

 (3) Is not listed:

         (i) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);

         (ii) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

         (iii) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction. (see 7 CFR 357.2)