PART II. 
REGULATION OF SALE OF SEEDS



 



§150-21  Definitions.  As used in this
chapter:



"Advertisement" means all
representations, other than those on the label, disseminated in any manner or
by any means, relating to seed within the scope of this chapter.



"Agricultural seed" includes the seed
of grass, forage, cereal, and fiber crops and other kinds of seed commonly
recognized within the State as agricultural seed and mixtures of these seed.



"Blend" means agricultural seed
consisting of more than one variety of a kind, each in excess of five per cent
by weight of the whole.



"Certifying agency".  DELETED.



"Department" means the Hawaii
department of agriculture.



"Kind" means one or more related
species or subspecies which singly or collectively is known by one common name,
for example, corn, barley, lettuce, and alfalfa.



"Label" or "labeling"
includes all written, printed, or graphic representations in any form
whatsoever, accompanying or pertaining to any seed, whether in bulk or in
containers, and includes representations on invoices.



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



"Mixture" or "mixed" means
agricultural seed consisting of more than one kind, each in excess of five per
cent of the whole.



"Noxious weed seed" means the seed of
plant species designated by the department by rule as being highly destructive
and difficult to control or eradicate in the State by ordinary, good cultural
practices, herbicides, and other control measures, or is, or which may be
likely to become injurious, harmful, or deleterious to the agricultural,
horticultural, aquacultural, or livestock industry of the State and to forest
and recreational areas and conservation districts of the State.



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



The terms "pure seed,"
"germination," and other seed labeling and testing terms in common
usage shall be defined as in the Rules for Seed Testing published by the
Association of Official Seed Analysts.



"Record" means all label information
such as analysis and test results, and other information relating to the
shipment and sale of seed, such as invoices, vouchers, and freight bills.



"State" means the State of Hawaii.



"Stop sale order" means any written
or printed notice or order given or issued by the department restraining the
sale of agricultural and vegetable seed.



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



"Vegetable seed" includes the seed of
those crops which are grown in gardens and on truck farms and are generally
known and sold under the name of vegetable seed in the State.



"Vendor" means any person engaged in
selling or offering for sale agricultural or vegetable seed for planting
purposes.



"Weed seed" includes noxious weed
seed and the seed of all plants generally recognized as weeds within the State.
[L 1945, c 90, pt of §2; RL 1955, §26-5; am L Sp 1959 2d, c 1, §22; am L 1961,
c 132, §2; HRS §150-21; am L 1987, c 164, §3; am L 1991, c 73, §1; am L 2003, c
49, §10]