§ 136 — Definitions

§ 136. Definitions. As used in this article unless otherwise expressly\nstated, or unless the context or subject matter otherwise requires:\n 1. The term "person" shall include any individual, partnership,\ncorporation, company, society, or association.\n 2. The term "seed" means botanical structures used for planting\npurposes and commonly referred to as "seed" within this state. This\nincludes potato tubers when such tubers are represented as being\nsuitable for planting purposes.\n 3. The terms "agricultural seeds" and "crop seeds" include the seeds\nof grass, forage, cereal, field beans, and fiber crops, including\n"industrial hemp" as defined in section five hundred five of this\nchapter, or any other kinds of seeds commonly recognized within this\nstate as agricultural seeds, lawn seeds, and mixtures of such seeds.\n 4. The term "vegetable seeds" includes seeds of those food crops which\nare grown in gardens and on truck farms and are generally known and sold\nunder the name of vegetable or herb seeds in this state.\n 5. The term "flower seeds" includes seeds of herbaceous plants grown\nfor their blooms, ornamental foliage, or other ornamental parts and\ncommonly known and sold under the name of flower seeds in this state.\n 6. The term "tree and shrub seeds" includes seeds of woody plants\ncommonly known and sold as tree or shrub seeds in this state.\n 7. The term "noxious weed seeds" are those noxious weed seeds which\nare objectionable in agriculture crops, lawns, and gardens of this state\nand which can be controlled by good agricultural practices or the use of\nherbicides. Noxious weeds and the number of such noxious weed seeds\nallowable per pound of seed shall be established in regulation by the\ncommissioner in consultation with experts in seed certification\nincluding, but not limited to, programs at the college of agriculture\nand life sciences at Cornell university.\n 8. The term "labeling" refers to statements written or imprinted on\nthe seed container itself or on a tag or label securely attached to it\nas specified in the label requirements of this law.\n 9. The term "advertising" means all representations, other than the\nrequired label statements made in any manner or by any means relating to\nseed within the scope of this act.\n 10. The term "stop-sale" means an administrative order provided by\nlaw, restraining the sale, use, disposition, and movement of a definite\namount of seed.\n 11. The term "seizure" means a legal process carried out by court\norder against a definite amount of seed.\n 12. The term "kind" means one or more related species or subspecies\nwhich singly or collectively is known by one common name, for example,\ncorn, oats, alfalfa, and timothy.\n 13. The term "variety" means a subdivision of a kind characterized by\ngrowth, yield, disease resistance, plant, flower, fruit, seed or other\ncharacteristics by which it may be differentiated under certain\nconditions from other plants of the same kind.\n 14. The term "lot" means a definite quantity of seed which is\nidentified by a lot number or other mark, and which has been so handled\nthat each portion or container is representative of the whole quantity.\n 15. The term "hybrid" means the first generation of a cross produced\nunder controlled pollination. The parents must be sufficiently uniform\nto permit repeated production of the hybrid without change in\nperformance. Hybrid designations shall be treated as variety names.\n 16. "Pure seed" means agricultural, vegetable, flower, tree, or shrub\nseeds exclusive of inert matter, weed seeds, and all other seeds\ndistinguishable from the kinds, or kinds and varieties being considered.\n 17. The term "percentage of germination" means the percentage of\nseeds, other than hard seeds, which are capable of producing normal\nseedlings under favorable conditions.\n 18. The term "percentage of hard seed" means the percentage of seeds\nwhich are incapable of sprouting promptly because their outer structures\nare impermeable to water.\n 19. The term "treated" means that the seed has received an effective\napplication of an approved substance or method designed to control or\nrepel plant disease organisms, insects, or other pests; or has received\nsome other treatment to improve its planting value.\n 20. "Certified", "registered", "foundation", "phyto-inspected", or any\nother terms conveying similar meaning, when referring to seed, means\nseed which has been produced or collected, processed, and labeled in\naccordance with the procedures and in compliance with the rules and\nregulations of an officially recognized certification agency or\nagencies.\n 21. "Officially recognized" means recognized and designated by the\nlaws or regulations of any state, the United States, any province of\nCanada, or the government of any foreign country wherein said seeds were\nproduced, except that if said seeds are produced in New York state,\nsection one hundred forty-one shall govern.\n 22. "Mulch" means a protective covering of any suitable substance\nplaced with seed which acts to retain sufficient moisture to support\nseed germination and sustain early seedling growth and aid in the\nprevention of the evaporation of soil moisture, the control of weeds,\nand the prevention of erosion.\n 23. "Mixture," "mix," or "mixed" means seed consisting of more than\none kind, each in excess of five percent by weight of the whole.\n