As used in this article, unless the context otherwise
requires:
(1) Advertisement means all representations commercial and otherwise,
other than labeling, disseminated in any manner or by any means by the seller of
seed as such representations relate to such seed.
(2) Bean means all species of genus phaseolus, vigna, and cicer.
(3) Certified seed means seed certified by a seed certifying agency
pursuant to this article and includes foundation and registered seed.
(4) Certifying agency means the seed certification service of the Colorado
state university authorized by the board of governors of the Colorado state
university system or the authorized seed certifying agency of another state.
(5) Commissioner means the commissioner of agriculture.
(6) Conditioning means drying, cleaning, scarifying, sizing, or any other
operation which could change the purity or germination of seed.
(7) Custom seed conditioner means any person in Colorado who engages in
the business of conditioning seed by either a stationary or portable seed cleaner, if
ownership of such seed is retained by the customer.
(8) Department means the department of agriculture.
(9) Disease of beans means a bacterial, viral, or fungal disease of beans.
The term includes any of the following diseases and any variations or new strains of
the following diseases which are recognized as pathogenic or a potential threat to
seed bean production:
(a) Anthracnose (collectotrichum lindemuthianum);
(b) Bean bacterial wilt (corynebacterium flaccumfaciens ssp.
flaccumfaciens);
(c) Strains of brown spot (pseudomonas syringae pv. syringae);
(d) Common bean blight (xanthomonas campestris pv. phaseoli);
(e) Halo blight (pseudomonas syringae pv. phaseolicola); and
(f) BCMV (bean common mosaic virus).
(9.5) Dormant seeds means viable seeds, other than hard seeds, that fail to
germinate when provided the specific germination conditions for the kind of seed in
question.
(10) Farmer seed labeler means any person who labels only seed produced
for sale on property owned or rented by such person or such person's employer in
Colorado.
(11) Germination means the emergence and development from the seed
embryo of those essential structures that, for the kind of seed in question, are
indicative of the ability to produce a normal plant under favorable conditions.
(11.5) Hard seeds means seeds that remain hard at the end of the
prescribed test period because they have not absorbed water due to an
impermeable seed coat.
(12) Inert matter means matter which is not seed, including broken seed,
sterile florets, chaff, fungus bodies, and stones, as defined by the commissioner.
(13) Kind means one or more related species or subspecies which singly or
collectively are known by one common name, including corn, oats, alfalfa, timothy,
and western wheatgrass.
(14) Labeling means all labels, tags, and other written, printed, or graphic
representations, in any form, accompanying and pertaining to specific seed whether
in bulk or in containers and includes invoices; except that labeling does not include
advertisements as defined in this section.
(15) Lot means a definite quantity of seed identified by a lot number or
other mark. Every portion or bag of any such lot shall be uniform within recognized
tolerances for the factors which appear in the labeling of such lot.
(16) Noxious weed seed means the seed produced from plants which are
especially troublesome and detrimental and which may cause damage or loss to a
considerable portion of the land or livestock of a community. Noxious weed seed
are divided into two classes: prohibited noxious weed seed and restricted
noxious weed seed and are defined as follows:
(a) Prohibited noxious weed seed means the seed of perennial, biennial,
and annual weeds which are highly detrimental and especially difficult to control.
The presence of prohibited noxious weed seed in seed precludes the sale of seed
for propagation. Prohibited noxious weed seed includes the seed of any weed so
designated by the commissioner.
(b) Restricted noxious weed seed means the seed of weeds which are very
objectionable in fields, lawns, and gardens but which can be controlled by good
cultural practices. Restricted noxious weed seed includes the seed of any weed so
designated by the commissioner.
(17) Origin means the state or foreign country in which seed is grown.
(18) Person means individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, limited liability company,
partnership, association, or other legal entity.
(19) Pesticide means a substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest, substance, or mixture of
substances intended for use as a plant regulator, defoliant, or desiccant; except
that the term pesticide shall not include any substance that is a new animal
drug as designated by the United States food and drug administration.
(20) Record means any information which relates to the origin, treatment,
germination, purity, kind, and variety of each lot of seed sold in this state. Such
information includes seed samples and documents showing declarations, labels,
purchases, sales, conditioning, bulking, treatment, handling, storage, analyses,
tests, and examinations.
(21) Retail seed dealer means any person who engages in the business of
selling seed at retail in Colorado.
(22) Screenings means chaff, sterile florets, immature seed, weed seed,
inert matter, and any other materials removed in any way from any seed in any kind
of cleaning procedure.
(23) Seed means agricultural, vegetable, ornamental, shrub, or tree seed
for propagation. The term seed does not include tubers that are planted or used,
or intended to be planted or used, as seed potatoes and are thus regulated under
the Colorado Seed Potato Act, article 27.3 of this title.
(24) Seed labeler means a person who engages in the business of labeling
seed for sale in Colorado and whose name and address appears on the label of such
seed.
(25) Tolerance means:
(a) For seed, the allowable deviation, as prescribed in the rules and
regulations adopted pursuant to this article, from any figure used on a label
including but not limited to those figures used to designate the percentage of any
fraction of the lot in question, the percentage germination, or the number of
noxious weed seeds present;
(b) For bean, in addition to the requirements of paragraph (a) of this
subsection (25), the deviation from minimum levels of seed-borne pathogens and
the diseases of beans allowed by the commissioner.
(26) Treated means that the seed has received an application of a
substance or that it has been subjected to a procedure for which a claim is made.
(27) (a) Variety (cultivar) means a division of a kind which is distinct, stable,
and uniform.
(b) For purposes of this subsection (27):
(I) Distinct means that the variety can be differentiated by one or more
identifiable morphological, physiological, or other characteristics from all other
varieties publicly known.
(II) Stable means that the variety will remain unchanged in its essential and
distinctive characteristics and its uniformity when reproduced or reconstituted as
required by the different categories of varieties.
(III) Uniform means that variations in essential and distinctive
characteristics are describable.
(28) Weed seed means the seed of plants detrimental to agriculture and
generally recognized as weeds within this state and includes noxious weed seed.