§ 22-61b — Definitions.

For the purposes of sections 22-61c to 22-61j, inclusive: (1) “Advertisement” means all representations, other than those on a label, disseminated in any manner or by any means, relating to seed, as described in sections 22-61c to 22-61j , inclusive. (2) “Agricultural seed” means any kind of crop seed commonly recognized within this state as agriculture seeds, lawn seeds or combinations of such seeds, including, but not limited to, any grass, forage, cereal, oil or fiber seed. “Agriculture seed” includes any noxious weed seed when the Seed Control Officer determines that such seed is used as an agriculture seed. (3) “Blend” means seed consisting of more than one variety of a kind, each in excess of five per cent by weight of the whole. (4) “Brand” means a word, name, symbol, number or design used to identify seed of one person and distinguish it from seed of another person. (5) “Certifying agency” means (A) any agency authorized under the laws of any state, territory or possession of the United States to officially certify seed and that has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified, or (B) an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to, generally, by agencies described in subparagraph (A) of this subdivision. (6) “Complete record” means any and all information that relates to the origin, treatment, germination, purity, kind or variety of each lot of agricultural seed sold in this state, or that relates to the treatment, germination, kind or variety of each lot of vegetable or flower seed sold in this state, including, but not limited to, seed samples and records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests or examinations. (7) “Conditioning” means drying, cleaning, scarifying and other operations that could change the purity or germination of a seed and that requires the seed lot to be retested to determine the label information. (8) “Dormant” means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question. (9) “Flower seeds” means seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts and commonly known and sold under the name of “flower” or “wildflower” seeds in this state. (10) “Genuine grower declaration” means a statement signed by the grower that provides for each lot of seed: (A) The lot number, (B) kind, (C) variety, if known, (D) origin, (E) weight, (F) year of production, (G) date of shipment, and (H) to whom such shipment was made. (11) “Germination” means the emergence and development from the seed embryo of essential structures that, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions. (12) “Hard seeds” means seeds which remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat. (13) “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by combining (A) two or more inbred lines; (B) one inbred or a single cross with an open pollinated variety; or (C) two varieties or species, except open-pollinated varieties of corn, (Zea mays) and for which designations are treated as variety names. “Hybrid” does not include the second generation of subsequent generations from such crosses. (14) “Inert matter” means all matter that is not seed, including, but not limited to, broken seeds, sterile florets, chaff, fungus bodies and stones as determined by methods defined by rule as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time. (15) “Introduced wildflower” means kinds or the types and varieties derived from those kinds that are not indigenous to North America. (16) “Kind” means one or more related species or subspecies that singly or collectively is known by one common name, including, but not limited to, corn, oats, alfalfa and timothy. (17) “Labeling” means a tag or other device attached to or written, stamped or printed on any container or accompanying any lot of bulk seeds purporting to set forth the information required on the seed label and includes any other information relating to the labeled seed. (18) “Lot” means a definite quantity of seed identified by a unique lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. (19) “Mixture”, “mix” or “mixed” means seed consisting of more than one kind, each in excess of five per cent by weight of the whole. (20) “Mulch” means a protective covering of any suitable substance placed with seed that acts to retain sufficient moisture to support seed germination, sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds and the prevention of erosion. (21) “Native wildflower” means kinds or the types and varieties derived from those kinds of flowers that are indigenous to North America. (22) “Prohibited noxious weed seeds” means any weed seed that is prohibited from being present in agricultural, vegetable, flower, tree or shrub seed and that is highly destructive and difficult to control by good cultural practices and the use of herbicides. (23) “Restricted noxious weed seeds” means any weed seed that is objectionable in agricultural crops, lawns or gardens of this state and that can be controlled by good cultural practices or the use of herbicides. (24) “Undesirable grass seeds” means seeds of grass species declared to be restricted noxious weed seed when found in lawn and turf seed. (25) “Off type” means any seed or plant not a part of the variety in that it deviates in one or more characteristics from the variety as described. “Off type” includes: (A) A seed or plant of another variety; (B) a seed or plant not necessarily of any variety; (C) a seed or plant resulting from cross-pollination by another kind or variety; (D) a seed or plant resulting from uncontrolled self-pollination during production of hybrid seed; or (E) segregates from any of the aforementioned. (26) “Origin” means the area in which the trees are growing for an indigenous stand of trees or the place from which the seeds or plants were originally introduced for a nonindigenous stand of trees. (27) “Other crop seed” means seeds of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by rule as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time. (28) “Private hearing” means any discussion of facts between the person charged and the Seed Control Officer. (29) “Pure live seed” means the product of the per cent of germination plus hard or dormant seed multiplied by the per cent of pure seed divided by one hundred with the result expressed as a whole number. (30) “Pure seed” means seed exclusive of inert matter and all other seeds not of the seed being considered, as determined by methods defined by rule, as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time. (31) “Seizure” means any legal process carried out by court order against a definite amount of seed. (32) “Stop sale” means an administrative order restraining the sale, use, disposition or movement of a definite amount of seed. (33) “Total viable” means the sum of percentage germination plus dormant plus hard seeds. (34) “Treated” means any seed that receives an application of a substance, or that was subjected to a process for which a claim is made. (35) “Tree or shrub seed” means seeds of woody plants commonly known and sold as tree or shrub seeds in this state. (36) “Tree seed collector's declaration” means a statement signed by a grower or person having knowledge of the place of collection giving, for a lot of seed, the lot number, common or scientific name of the species and subspecies, if appropriate, origin, elevation and quantity of tree and shrub seed. (37) “Type” means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. (38) “Variant” means any seed or plant that (A) is distinct within the variety but occurs naturally in the variety, (B) is stable and predictable with a degree of reliability comparable to other varieties of the same kind, within recognized tolerances, when the variety is reproduced or reconstituted, and (C) was originally a part of the variety as released. “Variant” does not include any off type. (39) “Variety” means a subdivision of a kind that is distinct, uniform and stable. (40) “Distinct” means capable of being differentiated by one or more identifiable morphological, physiological or other characteristics from all other varieties of public knowledge. (41) “Uniform” means that variations in essential and distinctive characteristics are describable. (42) “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. (43) “Vegetable seeds” means the seeds of any crop that is grown in gardens or on truck farms and that are generally known and sold under the name of “vegetable” or “herb” seeds in this state. (44) “Weed seed” means the seed of all plants generally recognized as weeds within this state, as determined by methods defined by rule, as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time, and includes prohibited and restricted noxious weed seeds. (45) “Seed control officer” means the Commissioner of Agriculture or the commissioner's designee. (46) “Person” means any individual, partnership, corporation, company, association, receiver, trustee or agent.

Legislative History

(P.A. 14-223, S. 1.)