3-231

3-231. Definitions

In this article, unless the context otherwise requires:

1. "Advertisement" means all representations, other than those on the label, made
in any manner relating to seed within the scope of this article.

2. "Agricultural seed" means the seeds of grass, forage, cereal, and fiber crops
and any other kinds of seeds commonly recognized within this state as agricultural seeds,
lawn seeds and mixtures of such seeds, and may include noxious-weed seeds when the
department determines that such seed is being used as agricultural seed.

3. "Cease and desist order" means an administrative order provided by law
restraining the sale, use, disposition and movement of a definite amount of seed.

4. "Certified seed" or "registered seed" means seed that has been produced and
labeled in accordance with the procedures and in compliance with the rules and
regulations of an officially recognized seed-certifying agency.

5. "Custom application" means an application of pesticide to a seed by a pesticide
applicator who does not hold title to the seed.

6. "Dealer" means any person who sells seed.

7. "Division" means the environmental services division of the Arizona department
of agriculture.

8. "Established plant, warehouse, or place of business" means any permanent office
headquarters maintained by an importer, broker, seller or authorized manufacturer's
agent, or any permanent warehouse, building or structure in or from which a permanent
business is operated, at which stocks of agricultural seed, vegetable seed or ornamental
plant seed regulated by this article are sold, distributed, processed, mixed, stored or
kept.

9. "Hybrid" means the first generation seed of a crossbreed produced by controlling
pollination and by combining two or more inbred lines, or one inbred or a single
crossbreed with an open pollinated variety, or two varieties or species, except open
pollinated varieties of corn (zea mays). The second generation, or subsequent
generations from such crosses, shall not be regarded as crosses. Hybrid designations
shall be treated as variety names. Any kinds or varieties that have pure seed which is
less than ninety-five per cent but more than seventy-five per cent hybrid seed as a
result of incompletely controlled pollination in a cross shall be labeled to show the
percentage of pure seed that is hybrid seed, or shall be labeled with a statement such as
"contains from seventy-five per cent to ninety-five per cent hybrid seed". No one kind
of seed shall be labeled as hybrid if the pure seed contains less than seventy-five per
cent hybrid seed.

10. "Inoculant" means a commercial preparation containing nitrogen-fixing bacteria
that is applied to seed.

11. "Kind" means one or more related species or subspecies which singly or
collectively are known by one common name, such as corn, oats, alfalfa and timothy.

12. "Label" means any label or other written, printed or graphic representations, in
any form whatsoever, accompanying or pertaining to any seed whether in bulk or in
containers and includes representations or invoices.

13. "Labeler" means any person whose name and address appear on the label pertaining
to or attached to a lot or container of agricultural, vegetable or ornamental plant seed
sold, offered for sale, exposed for sale or transported for sowing purposes.

14. "License" means an Arizona state seed license that is obtained from the
department.

15. "Lot" means a definite quantity of seed identified by a lot number or other
mark, every portion or bag of which is uniform within recognized tolerances for the
factors which appear in the labeling.

16. "Noxious-weed seeds" means "prohibited noxious-weed seeds" and "restricted
noxious-weed seeds" as defined as follows and as listed in the rules adopted under this
article.

(a) "Prohibited noxious-weed seeds" are the seeds of perennial or annual weeds
which, when established, are highly destructive and difficult to control by ordinary good
cultural practice and the seed of which is prohibited by this article subject to
recognized tolerances.

(b) "Restricted noxious-weed seeds" are all noxious-weed seed not classified as
prohibited noxious-weed seed.

17. "Ornamental plant seed" means the seed of any plant used for decorative or
ornamental purposes and includes flower seed.

18. "Person" means any individual, partnership, corporation, company, society or
association.

19. "Pure seed", "germination" and other seed labeling and testing terms in common
usage shall be defined as in the federal seed act (53 Stat. 1275; 7 United States Code
sections 1551 through 1611) and the rules and regulations promulgated under that act.

20. "Record" means all information relating to the shipment or shipments involved
and includes a file sample of each lot of seed.

21. "Sell" means offer for sale, expose for sale, possess for sale, exchange, barter
or trade.

22. "Treated" means that the seed has received an application of a substance or
process that is designed to reduce, control or repel certain disease organisms, insects
or other pests attacking such seeds or seedlings growing from the seeds.

23. "Type" means either a group of varieties so similar that the individual
varieties cannot be clearly differentiated except under special conditions or, when used
with a variety name, seed of the variety named which may be mixed with seed of other
varieties of the same kind and of similar character. If type is designated, the
designation may be associated with the name of the kind but in all cases shall be clearly
associated with the word "type". If the type designation does not include a variety
name, it shall include a name that describes a group of varieties of similar character,
and the pure seed shall be at least ninety per cent of one or more varieties all of which
conform to the type designation.

24. "Variety" means a subdivision of a kind characterized by growth, yield, plant,
fruit, seed or other characteristics by which it can be differentiated from other plants
of the same kind.

25. "Vegetable seeds" means seeds of those crops which are grown in gardens and on
truck farms and are generally known and sold under the name of vegetable seeds in this
state.

26. "Weed seeds" means the seeds of all plants generally recognized as weeds within
this state and includes noxious-weed seeds.