§ 11-12-101 — Definitions

(a) Repealed By Laws 2007, Ch. 8, § 4.
(b) As used in this act:
(i) "Controlling the pollination" means to use a
method of hybridization which will produce pure seed which is at
least seventy-five percent (75%) hybrid seed;
(ii) "Dormant" means viable seed, excluding hard
seed, which fails to germinate when provided the specific
germination conditions for the kind of seed in question;
(iii) "Germination" means the emergence and
development from the seed embryo of those essential structures
which, for the kind of seed in question, are indicative of the
ability to produce a normal plant under favorable conditions.
For the purposes of this act, "germination" may also mean the
percentage of seed determined viable by a tetrazolium test for
species identified in the rules for testing, or for species for
which there are no rules for testing;
(iv) "Hard seed" means seed which remains hard at the
end of the prescribed test period because it has not absorbed
water due to an impermeable seed coat;
(v) "Hybrid" as applied to kinds or varieties of
seed, means the first generation seed of a cross produced by
controlling the pollination and by combining:
(A) Two (2) or more inbred lines;
(B) One (1) inbred or a single cross with an
open pollinated variety; or
(C) Two (2) selected clones, seed lines,
varieties or species.
(vi) "Inert matter" means all matter that is not a
seed, including broken seeds, sterile florets, chaff, fungus
bodies and stones;
(vii) "Kind" means one (1) or more related species or
subspecies which singly or collectively is known by one (1)
common name, including but not limited to, soybean, flax, barley
and wheat;
(viii) "Labeling" means the display or displays of
written, printed or graphic matter upon or attached to the
container of seed or accompanying and pertaining to any seed
whether sold in bulk or in containers, including invoices;
(ix) "Lot" means the number or other identification
that relates to records pertaining to the known quantity of
seed;
(x) "Origin" means the state, District of Columbia,
Puerto Rico or possession of the United States, or the foreign
country or designated portion thereof, where the seed was grown;
(xi) "Pure seed" means seed exclusive of inert matter
and all other seed not of the seed being offered for sale;
(xii) "Rules for testing" means procedures specified
by the Association of Official Seed Analysts for conducting seed
analysis;
(xiii) "Seed" means the propagative part of a plant
normally capable of germination to produce a new plant,
including ovules, tubers and bulbs. "Seed" also includes the
following as defined for the purposes of this act:
(A) "Agricultural seeds" means any agronomic
crop seeds or seeds of species as defined in W.S. 11-1-101;
(B) "Flower seed" 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 seeds in this state;
(C) "Tree seed" means seeds of woody plants
commonly known and sold as tree and shrub seeds in this state;
or
(D) "Vegetable seed" means the seeds of those
crops that are or may be grown in gardens or truck farms and are
generally known and sold under the name of vegetable seeds in
this state.
(xiv) "Total viable" means:
(A) Germination plus dormant seed plus hard
seed; or
(B) Viable as determined by a tetrazolium test
for species identified in the rules for testing, or for species
for which there are no rules for testing.
(xv) "Treated seed" means any seed that has been
treated with chemicals that are harmful to humans, livestock or
other vertebrate animals;
(xvi) "Variety" means a subdivision of a kind which
is characterized by growth, plant, fruit, seed or other
characters by which it can be differentiated from other sorts of
the same kind, including but not limited to, C2243 wheat and
Manchu soybeans;
(xvii) "Weeds" includes the following as defined for
purposes of this act:
(A) "Prohibited noxious weeds" means the seeds
of any species for which the department by rule has established
zero (0) tolerance;
(B) "Restricted noxious weeds" means any species
for which the department by rule has established an allowable
tolerance;
(C) "Regulated weeds" means seed, other than
prohibited noxious weeds or restricted noxious weeds, of any
species for which the department by rule has established a
limitation of amount per pound in a seed lot.
(xviii) "This act" means W.S. 11-12-101 through