2-1415.   Definitions.As used in this act:

      (a)   "Agricultural seed" means the seed of grass, legume, forage, cereal andfiber crops, or mixtures thereof, but shall not include horticultural seeds.

      (b)   "Person" means any individual, member of a partnership, corporation,agents, brokers, company, association or society.

      (c)   "Conditioned" means cleaned, or cleaned and blended, to meet therequirements of agricultural seed for the purpose of being planted or seeded.

      (d)   "Kind" means one or more related species or subspecies which singly orcollectively is known by one common name, and includes, among others, wheat,oat, vetch, sweet clover and alfalfa.

      (e)   "Variety" means a subdivision of a kind, which is characterized bygrowth, yield, plant, fruit, seed or othercharacteristics by which it can be differentiated from other plants of the samekind.

      (f)   "Hard seed" means the seeds which because of hardness or impermeabilitydo not absorb moisture or germinate under seed testing procedure.

      (g)   "Label" means the statements written,printed, stenciled or otherwise displayed upon, or attached to, thecontainer of agricultural seed, and includes other written, printed,stenciled or graphic representations, in any form whatsoever,pertaining to any agricultural seed, whether in bulk or in containers, andincludes declarations and affidavits.

      (h)   "Secretary" means the secretary of agriculture.

      (i)   "Weed seed" means the seeds of plants considered weeds in this state andincludes noxious weed seed and restricted weed seed,determined by methods established by rule and regulation under this act.

      (j)   "Noxious weed seed" means the seedof Kudzu (Pueraria lobata), field bindweed (Convolvulusarvensis), Russian knapweed (Centaurea repens), hoary cress (Cardariadraba), Canada thistle (Cirsium arvense), leafy spurge(Euphorbia esula), quackgrass (Agropyron repens), bur ragweed(Ambrosia grayii), pignut (Indian rushpea) (Hoffmannseggiadensiflora), Texas blueweed (Helianthus ciliaris), Johnson grass(Sorghum halepense), sorghum almum, and any plant the seed of whichcannot be distinguished from Johnson grass, musk (nodding)thistle (Carduus nutans L.) and sericea lespedeza (Lespedezacuneata).

      (k)   "Restricted weed seed" means weed seeds or bulblets which shallnot be present in agricultural seed at a rate per pound in excess of the numbershown following the name of each weed seed:Silverleaf nightshade (Solanumelaeagnifolium) 45, horsenettle, bullnettle (Solanumcarolinense) 45, dock (Rumex spp.) 45, oxeye daisy(Chrysanthemum leucanthemum)45, perennial sowthistle (Sonchum arvensis) 45, giant foxtail(Setariafaberi) 45, cheat (Bromus secalinus) 45, hairychess (Bromus commutatus) 45, buckthorn plantain (Plantagolanceolata)45, wild onion or garlic (Allium spp.) 18, charlock (Sinapsisarvensis) 18, wild mustards (Brassica spp.)18, treacle (Erysimum spp.) 18, wild carrot (Daucuscarota) 18,morning glory and purple moonflower (Ipomoea spp.) 18, hedgebindweed (Calystegiaspp., syn. Convolvulus sepium) 18, dodder (Cuscutaspp.) 18, except lespedeza seed, other than sericea lespedeza(Lespedeza cuneata), which may contain 45 dodder per pound,pennycress, fanweed (Thlaspi arvense) 18, wild oats (Avenafatua) 9, climbing milkweed, sandvine (Cynanchum laeve, syn.Gonolobus laevis) 9, jointed goatgrass (Aegilopscylindrica) 9, black nightshade complex (Solanum ptycanthum, S.americanum, S. sarrachoides, S. nigrum, and S. interius) 9, wildbuckwheat, black bindweed (Polygonum convolvulus) 9, velvetleaf,butterprint (Abutilon theophrasti) 9, and cocklebur (Xanthiumspp.) 9. The total number of the restricted weed seed shall not exceed90 per pound except native grass,smooth bromegrass, tall fescue, wheatgrasses and lespedeza, other thansericea lespedeza (Lespedeza cuneata), shall not exceed150 per pound.In smooth bromegrass, fescues, orchard grass, wheatgrasses, and chaffyrange grasses, hairy chess or cheat shall not exceed 2,500 per pound. Forthe purposes of this section the following weedy Bromus spp. shallbe considered as common weeds and collectively referred to as "chess": Japanese chess (Bromus japonicus), soft chess(Bromus mollis) and field chess (Bromus arvensis).

      (l)   "Advertisement" means allrepresentations, other than those on the label, disseminated in any manner,or by any means, relating to agricultural seed.

      (m)   "Record" means allinformation relating to any shipment of agricultural seed and includesa file sample of each lot of such seed.

      (n)   "Stop sale order" means an administrativeorder, authorized by law, restraining the sale, use, disposition andmovement of a definite amount of agricultural seed.

      (o)   "Seizure" means a legal process, issuedby court order, against a definite amount of agricultural seed.

      (p)   "Lot" means a definite quantity ofagricultural seed, identified by a lot number or other mark, every portionor bag of which is uniform, within recognized tolerances for the factorswhich appear in the labeling.

      (q)   "Germination" means the percentage ofseeds capable of producing normal seedlings under ordinarily favorableconditions, in accordance with the methods established by rule andregulation under this act.

      (r)   "Pure seed" means the kind of seeddeclared on the label, exclusive of inert matter, other agricultural orother crop seeds and weed seeds.

      (s)   "Inert matter" means all matter notseeds, and as otherwise determined by rules and regulations under this act.

      (t)   "Other agricultural seeds or other cropseeds" means seeds of agricultural seeds other than those included in thepercentage or percentages of kind or variety andincludes collectively all kinds and varieties not named on the label.

      (u)   "Hybrid" means the first generation seed of a cross produced bycontrolling the pollination and by combining (1) two or more inbred lines,(2) one inbred or a single cross with an open pollinated variety, or (3)two varieties or species, other than open pollinated varieties of corn(Zea mays). Hybrid shall not include the second generation orsubsequent generations from such crosses. Hybrid designations shall betreated as variety names. Controlling the pollination means to use amethod of hybridization which will produce pure seed which is 75%or more hybrid.

      (v)   "Type" means a group of varieties sonearly similar that the individual varieties cannot be clearlydifferentiated except under special conditions.

      (w)   "Treated" means that the seed hasreceived an application of a substance or process which is designed to reduce,control or repel certain diseaseorganisms, insects or other pests attacking such seeds or seedlings growingtherefrom and includes anapplication of a substance or process designed to increase seedling vigor.

      (x)   "Tested seed" means that a representativesample of the lot of agricultural seed in question has been subjected toexamination and its character as to purity and germination has been determined.

      (y)   "Native grass seed" means the seeds ofaboriginal or native prairie grasses.

      (z)   "Chaffy range grasses" shall include Bluestems, Gramas, YellowIndian grass, wild rye grasses, buffalo grass and prairie cord grass.

      (aa)   "Certified seed" means any class of pedigreed seed or plant partsfor which a certificate of inspection has been issued by an official seedcertifying agency.

      (bb)   "Certifying agency" means: (1) an agency which is authorized under thelaws of a state, territory or possession to officially certify seed andwhich has standards and procedures approved by the secretary of agricultureof the United States department of agriculture to assure the genetic purityand identity of the seed certified; or (2) an agency of a foreign countrywhich is determined by the secretary of agriculture of the United Statesdepartment of agriculture to be an agency which adheres to procedures andstandards for seed certification comparable to those adhered to generallyby seed certifying agencies under clause (1) of this subsection.

      (cc)   "Blend" means two or more varieties of the same kind each in excessof 5% of the whole.

      (dd)   "Mixture" means a combination of seed consisting of more than onekind each in excess of 5% of the whole.

      (ee)   "Brand" means a term or mark that is proprietary in nature whetheror not it is a registered or copyrighted term or mark.

      (ff)   "Commercial means" shall include all forms of advertising forwhich a person must pay another for the dissemination or distribution ofthe advertisement.

      (gg)   "Horticultural seeds" means thoseseeds generally classified as vegetable, fruit, flowers, tree and shrub andgrown in gardens or on truck farms.

      (hh)   "Grower of agricultural seed" means an individual whose primaryoccupation is farming and offers, exposes or sells agricultural seed of suchindividual's own growing without the use of a common carrier or a third partyas an agent or broker. Seed shall be in compliance with noxious and restrictedweed seed requirements and may advertise if the advertisement specificallystates variety, bin run and if tested.

      (ii)   "Wholesaler" means any person who is in the business sellingagricultural seed at wholesale to any person other than the end user.

      (jj)   "Retailer" means any person who sells agricultural seed to the enduser.

      (kk)   "Seed conditioner" means any person who is in the business ofcleaning seed for a fee or compensation.

      History:   L. 1935, ch. 4, § 1; L. 1943, ch. 2, § 1; L.1961, ch. 5, § 1;L. 1968, ch. 181, § 1;L. 1985, ch. 10, § 1;L. 1990, ch. 4, § 2;L. 1991, ch. 5, § 1;L. 1997, ch. 63, § 1;L. 1998, ch. 85, § 6; July 1, 2000.