PART II. REGULATION OF SALE OF SEEDS

 

§150-21  Definitions.  As used in thischapter:

"Advertisement" means allrepresentations, other than those on the label, disseminated in any manner orby any means, relating to seed within the scope of this chapter.

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

"Blend" means agricultural seedconsisting of more than one variety of a kind, each in excess of five per centby weight of the whole.

"Certifying agency".  DELETED.

"Department" means the Hawaiidepartment of agriculture.

"Kind" means one or more relatedspecies 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 formwhatsoever, accompanying or pertaining to any seed, whether in bulk or incontainers, and includes representations on invoices.

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

"Mixture" or "mixed" meansagricultural seed consisting of more than one kind, each in excess of five percent of the whole.

"Noxious weed seed" means the seed ofplant species designated by the department by rule as being highly destructiveand difficult to control or eradicate in the State by ordinary, good culturalpractices, herbicides, and other control measures, or is, or which may belikely to become injurious, harmful, or deleterious to the agricultural,horticultural, aquacultural, or livestock industry of the State and to forestand 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 commonusage shall be defined as in the Rules for Seed Testing published by theAssociation of Official Seed Analysts.

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

"State" means the State of Hawaii.

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

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

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

"Vendor" means any person engaged inselling or offering for sale agricultural or vegetable seed for plantingpurposes.

"Weed seed" includes noxious weedseed 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, c49, §10]