Article 14.--SALE AND DISTRIBUTION OF AGRICULTURAL SEEDS
2-1415.Definitions.
As used in this act:
(a) "Agricultural seed" means the seed of grass, legume, forage, cereal and
fiber 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 the
requirements of agricultural seed for the purpose of being planted or seeded.
(d) "Kind" means one or more related species or subspecies which singly or
collectively 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 by
growth, yield, plant, fruit, seed or other
characteristics by which it can be differentiated from other plants of the same
kind.
(f) "Hard seed" means the seeds which because of hardness or impermeability
do not absorb moisture or germinate under seed testing procedure.
(g) "Label" means the statements written,
printed, stenciled or otherwise displayed upon, or attached to, the
container 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, and
includes declarations and affidavits.
(h) "Secretary" means the secretary of agriculture.
(i) "Weed seed" means the seeds of plants considered weeds in this state and
includes noxious weed seed and restricted weed seed,
determined by methods established by rule and regulation under this act.
(j) "Noxious weed seed" means the seed
of Kudzu (Pueraria lobata), field bindweed (Convolvulus
arvensis), Russian knapweed (Centaurea repens), hoary cress (Cardaria
draba), Canada thistle (Cirsium arvense), leafy spurge
(Euphorbia esula), quackgrass (Agropyron repens), bur ragweed
(Ambrosia grayii), pignut (Indian rushpea)(Hoffmannseggia
densiflora), Texas blueweed (Helianthus ciliaris), Johnson grass
(Sorghum halepense), sorghum almum, and any plant the seed of which
cannot be distinguished from Johnson grass, musk (nodding)
thistle (Carduus nutans L.) and sericea lespedeza (Lespedeza
cuneata).
(k) "Restricted weed seed" means weed seeds or bulblets which shall
not be present in agricultural seed at a rate per pound in excess of the number
shown following the name of each weed seed:
Silverleaf nightshade (Solanum
elaeagnifolium) 45, horsenettle, bullnettle (Solanum
carolinense) 45, dock (Rumex spp.) 45, oxeye daisy
(Chrysanthemum leucanthemum)
45, perennial sowthistle (Sonchum arvensis) 45, giant foxtail
(Setaria
faberi) 45, cheat (Bromus secalinus) 45, hairy
chess (Bromus commutatus) 45, buckthorn plantain (Plantago
lanceolata)
45, wild onion or garlic (Allium spp.) 18, charlock (Sinapsis
arvensis) 18, wild mustards (Brassica spp.)
18, treacle (Erysimum spp.) 18, wild carrot (Daucus
carota) 18,
morning glory and purple moonflower (Ipomoea spp.) 18, hedge
bindweed (Calystegia
spp., syn. Convolvulus sepium) 18, dodder (Cuscuta
spp.) 18, except lespedeza seed, other than sericea lespedeza
(Lespedeza cuneata), which may contain 45 dodder per pound,
pennycress, fanweed (Thlaspi arvense) 18, wild oats (Avena
fatua) 9, climbing milkweed, sandvine (Cynanchum laeve, syn.
Gonolobus laevis) 9, jointed goatgrass (Aegilops
cylindrica) 9, black nightshade complex (Solanum ptycanthum, S.
americanum, S. sarrachoides, S. nigrum, and S. interius) 9, wild
buckwheat, black bindweed (Polygonum convolvulus) 9, velvetleaf,
butterprint (Abutilon theophrasti) 9, and cocklebur (Xanthium
spp.) 9. The total number of the restricted weed seed shall not exceed
90 per pound except native grass,
smooth bromegrass, tall fescue, wheatgrasses and lespedeza, other than
sericea lespedeza (Lespedeza cuneata), shall not exceed
150 per pound.
In smooth bromegrass, fescues, orchard grass, wheatgrasses, and chaffy
range grasses, hairy chess or cheat shall not exceed 2,500 per pound. For
the purposes of this section the following weedy Bromus spp. shall
be 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 all
representations, other than those on the label, disseminated in any manner,
or by any means, relating to agricultural seed.
(m) "Record" means all
information relating to any shipment of agricultural seed and includes
a file sample of each lot of such seed.
(n) "Stop sale order" means an administrative
order, authorized by law, restraining the sale, use, disposition and
movement of a definite amount of agricultural seed.
(o) "Seizure" means a legal process, issued
by court order, against a definite amount of agricultural seed.
(p) "Lot" means a definite quantity of
agricultural 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.
(q) "Germination" means the percentage of
seeds capable of producing normal seedlings under ordinarily favorable
conditions, in accordance with the methods established by rule and
regulation under this act.
(r) "Pure seed" means the kind of seed
declared on the label, exclusive of inert matter, other agricultural or
other crop seeds and weed seeds.
(s) "Inert matter" means all matter not
seeds, and as otherwise determined by rules and regulations under this act.
(t) "Other agricultural seeds or other crop
seeds" means seeds of agricultural seeds other than those included in the
percentage or percentages of kind or variety and
includes collectively all kinds and varieties not named on the label.
(u) "Hybrid" means the first generation seed of a cross produced by
controlling 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 or
subsequent generations from such crosses. Hybrid designations shall be
treated as variety names. Controlling the pollination means to use a
method of hybridization which will produce pure seed which is 75%
or more hybrid.
(v) "Type" means a group of varieties so
nearly similar that the individual varieties cannot be clearly
differentiated except under special conditions.
(w) "Treated" means that the seed has
received an application of a substance or process which is designed to reduce,
control or repel certain disease
organisms, insects or other pests attacking such seeds or seedlings growing
therefrom and includes an
application of a substance or process designed to increase seedling vigor.
(x) "Tested seed" means that a representative
sample of the lot of agricultural seed in question has been subjected to
examination and its character as to purity and germination has been determined.
(y) "Native grass seed" means the seeds of
aboriginal or native prairie grasses.
(z) "Chaffy range grasses" shall include Bluestems, Gramas, Yellow
Indian grass, wild rye grasses, buffalo grass and prairie cord grass.
(aa) "Certified seed" means any class of pedigreed seed or plant parts
for which a certificate of inspection has been issued by an official seed
certifying agency.
(bb) "Certifying agency" means: (1) an agency which is authorized under the
laws of a state, territory or possession to officially certify seed and
which has standards and procedures approved by the secretary of agriculture
of the United States department of agriculture to assure the genetic purity
and identity of the seed certified; or (2) an agency of a foreign country
which is determined by the secretary of agriculture of the United States
department of agriculture to be an agency which adheres to procedures and
standards for seed certification comparable to those adhered to generally
by seed certifying agencies under clause (1) of this subsection.
(cc) "Blend" means two or more varieties of the same kind each in excess
of 5% of the whole.
(dd) "Mixture" means a combination of seed consisting of more than one
kind each in excess of 5% of the whole.
(ee) "Brand" means a term or mark that is proprietary in nature whether
or not it is a registered or copyrighted term or mark.
(ff) "Commercial means" shall include all forms of advertising for
which a person must pay another for the dissemination or distribution of
the advertisement.
(gg) "Horticultural seeds" means those
seeds generally classified as vegetable, fruit, flowers, tree and shrub and
grown in gardens or on truck farms.
(hh) "Grower of agricultural seed" means an individual whose primary
occupation is farming and offers, exposes or sells agricultural seed of such
individual's own growing without the use of a common carrier or a third party
as an agent or broker. Seed shall be in compliance with noxious and restricted
weed seed requirements and may advertise if the advertisement specifically
states variety, bin run and if tested.
(ii) "Wholesaler" means any person who is in the business selling
agricultural seed at wholesale to any person other than the end user.
(jj) "Retailer" means any person who sells agricultural seed to the end
user.
(kk) "Seed conditioner" means any person who is in the business of
cleaning 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.
Article 14.--SALE AND DISTRIBUTION OF AGRICULTURAL SEEDS
2-1415.Definitions.
As used in this act:
(a) "Agricultural seed" means the seed of grass, legume, forage, cereal and
fiber 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 the
requirements of agricultural seed for the purpose of being planted or seeded.
(d) "Kind" means one or more related species or subspecies which singly or
collectively 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 by
growth, yield, plant, fruit, seed or other
characteristics by which it can be differentiated from other plants of the same
kind.
(f) "Hard seed" means the seeds which because of hardness or impermeability
do not absorb moisture or germinate under seed testing procedure.
(g) "Label" means the statements written,
printed, stenciled or otherwise displayed upon, or attached to, the
container 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, and
includes declarations and affidavits.
(h) "Secretary" means the secretary of agriculture.
(i) "Weed seed" means the seeds of plants considered weeds in this state and
includes noxious weed seed and restricted weed seed,
determined by methods established by rule and regulation under this act.
(j) "Noxious weed seed" means the seed
of Kudzu (Pueraria lobata), field bindweed (Convolvulus
arvensis), Russian knapweed (Centaurea repens), hoary cress (Cardaria
draba), Canada thistle (Cirsium arvense), leafy spurge
(Euphorbia esula), quackgrass (Agropyron repens), bur ragweed
(Ambrosia grayii), pignut (Indian rushpea)(Hoffmannseggia
densiflora), Texas blueweed (Helianthus ciliaris), Johnson grass
(Sorghum halepense), sorghum almum, and any plant the seed of which
cannot be distinguished from Johnson grass, musk (nodding)
thistle (Carduus nutans L.) and sericea lespedeza (Lespedeza
cuneata).
(k) "Restricted weed seed" means weed seeds or bulblets which shall
not be present in agricultural seed at a rate per pound in excess of the number
shown following the name of each weed seed:
Silverleaf nightshade (Solanum
elaeagnifolium) 45, horsenettle, bullnettle (Solanum
carolinense) 45, dock (Rumex spp.) 45, oxeye daisy
(Chrysanthemum leucanthemum)
45, perennial sowthistle (Sonchum arvensis) 45, giant foxtail
(Setaria
faberi) 45, cheat (Bromus secalinus) 45, hairy
chess (Bromus commutatus) 45, buckthorn plantain (Plantago
lanceolata)
45, wild onion or garlic (Allium spp.) 18, charlock (Sinapsis
arvensis) 18, wild mustards (Brassica spp.)
18, treacle (Erysimum spp.) 18, wild carrot (Daucus
carota) 18,
morning glory and purple moonflower (Ipomoea spp.) 18, hedge
bindweed (Calystegia
spp., syn. Convolvulus sepium) 18, dodder (Cuscuta
spp.) 18, except lespedeza seed, other than sericea lespedeza
(Lespedeza cuneata), which may contain 45 dodder per pound,
pennycress, fanweed (Thlaspi arvense) 18, wild oats (Avena
fatua) 9, climbing milkweed, sandvine (Cynanchum laeve, syn.
Gonolobus laevis) 9, jointed goatgrass (Aegilops
cylindrica) 9, black nightshade complex (Solanum ptycanthum, S.
americanum, S. sarrachoides, S. nigrum, and S. interius) 9, wild
buckwheat, black bindweed (Polygonum convolvulus) 9, velvetleaf,
butterprint (Abutilon theophrasti) 9, and cocklebur (Xanthium
spp.) 9. The total number of the restricted weed seed shall not exceed
90 per pound except native grass,
smooth bromegrass, tall fescue, wheatgrasses and lespedeza, other than
sericea lespedeza (Lespedeza cuneata), shall not exceed
150 per pound.
In smooth bromegrass, fescues, orchard grass, wheatgrasses, and chaffy
range grasses, hairy chess or cheat shall not exceed 2,500 per pound. For
the purposes of this section the following weedy Bromus spp. shall
be 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 all
representations, other than those on the label, disseminated in any manner,
or by any means, relating to agricultural seed.
(m) "Record" means all
information relating to any shipment of agricultural seed and includes
a file sample of each lot of such seed.
(n) "Stop sale order" means an administrative
order, authorized by law, restraining the sale, use, disposition and
movement of a definite amount of agricultural seed.
(o) "Seizure" means a legal process, issued
by court order, against a definite amount of agricultural seed.
(p) "Lot" means a definite quantity of
agricultural 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.
(q) "Germination" means the percentage of
seeds capable of producing normal seedlings under ordinarily favorable
conditions, in accordance with the methods established by rule and
regulation under this act.
(r) "Pure seed" means the kind of seed
declared on the label, exclusive of inert matter, other agricultural or
other crop seeds and weed seeds.
(s) "Inert matter" means all matter not
seeds, and as otherwise determined by rules and regulations under this act.
(t) "Other agricultural seeds or other crop
seeds" means seeds of agricultural seeds other than those included in the
percentage or percentages of kind or variety and
includes collectively all kinds and varieties not named on the label.
(u) "Hybrid" means the first generation seed of a cross produced by
controlling 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 or
subsequent generations from such crosses. Hybrid designations shall be
treated as variety names. Controlling the pollination means to use a
method of hybridization which will produce pure seed which is 75%
or more hybrid.
(v) "Type" means a group of varieties so
nearly similar that the individual varieties cannot be clearly
differentiated except under special conditions.
(w) "Treated" means that the seed has
received an application of a substance or process which is designed to reduce,
control or repel certain disease
organisms, insects or other pests attacking such seeds or seedlings growing
therefrom and includes an
application of a substance or process designed to increase seedling vigor.
(x) "Tested seed" means that a representative
sample of the lot of agricultural seed in question has been subjected to
examination and its character as to purity and germination has been determined.
(y) "Native grass seed" means the seeds of
aboriginal or native prairie grasses.
(z) "Chaffy range grasses" shall include Bluestems, Gramas, Yellow
Indian grass, wild rye grasses, buffalo grass and prairie cord grass.
(aa) "Certified seed" means any class of pedigreed seed or plant parts
for which a certificate of inspection has been issued by an official seed
certifying agency.
(bb) "Certifying agency" means: (1) an agency which is authorized under the
laws of a state, territory or possession to officially certify seed and
which has standards and procedures approved by the secretary of agriculture
of the United States department of agriculture to assure the genetic purity
and identity of the seed certified; or (2) an agency of a foreign country
which is determined by the secretary of agriculture of the United States
department of agriculture to be an agency which adheres to procedures and
standards for seed certification comparable to those adhered to generally
by seed certifying agencies under clause (1) of this subsection.
(cc) "Blend" means two or more varieties of the same kind each in excess
of 5% of the whole.
(dd) "Mixture" means a combination of seed consisting of more than one
kind each in excess of 5% of the whole.
(ee) "Brand" means a term or mark that is proprietary in nature whether
or not it is a registered or copyrighted term or mark.
(ff) "Commercial means" shall include all forms of advertising for
which a person must pay another for the dissemination or distribution of
the advertisement.
(gg) "Horticultural seeds" means those
seeds generally classified as vegetable, fruit, flowers, tree and shrub and
grown in gardens or on truck farms.
(hh) "Grower of agricultural seed" means an individual whose primary
occupation is farming and offers, exposes or sells agricultural seed of such
individual's own growing without the use of a common carrier or a third party
as an agent or broker. Seed shall be in compliance with noxious and restricted
weed seed requirements and may advertise if the advertisement specifically
states variety, bin run and if tested.
(ii) "Wholesaler" means any person who is in the business selling
agricultural seed at wholesale to any person other than the end user.
(jj) "Retailer" means any person who sells agricultural seed to the end
user.
(kk) "Seed conditioner" means any person who is in the business of
cleaning 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.
Article 14.--SALE AND DISTRIBUTION OF AGRICULTURAL SEEDS
2-1415.Definitions.
As used in this act:
(a) "Agricultural seed" means the seed of grass, legume, forage, cereal and
fiber 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 the
requirements of agricultural seed for the purpose of being planted or seeded.
(d) "Kind" means one or more related species or subspecies which singly or
collectively 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 by
growth, yield, plant, fruit, seed or other
characteristics by which it can be differentiated from other plants of the same
kind.
(f) "Hard seed" means the seeds which because of hardness or impermeability
do not absorb moisture or germinate under seed testing procedure.
(g) "Label" means the statements written,
printed, stenciled or otherwise displayed upon, or attached to, the
container 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, and
includes declarations and affidavits.
(h) "Secretary" means the secretary of agriculture.
(i) "Weed seed" means the seeds of plants considered weeds in this state and
includes noxious weed seed and restricted weed seed,
determined by methods established by rule and regulation under this act.
(j) "Noxious weed seed" means the seed
of Kudzu (Pueraria lobata), field bindweed (Convolvulus
arvensis), Russian knapweed (Centaurea repens), hoary cress (Cardaria
draba), Canada thistle (Cirsium arvense), leafy spurge
(Euphorbia esula), quackgrass (Agropyron repens), bur ragweed
(Ambrosia grayii), pignut (Indian rushpea)(Hoffmannseggia
densiflora), Texas blueweed (Helianthus ciliaris), Johnson grass
(Sorghum halepense), sorghum almum, and any plant the seed of which
cannot be distinguished from Johnson grass, musk (nodding)
thistle (Carduus nutans L.) and sericea lespedeza (Lespedeza
cuneata).
(k) "Restricted weed seed" means weed seeds or bulblets which shall
not be present in agricultural seed at a rate per pound in excess of the number
shown following the name of each weed seed:
Silverleaf nightshade (Solanum
elaeagnifolium) 45, horsenettle, bullnettle (Solanum
carolinense) 45, dock (Rumex spp.) 45, oxeye daisy
(Chrysanthemum leucanthemum)
45, perennial sowthistle (Sonchum arvensis) 45, giant foxtail
(Setaria
faberi) 45, cheat (Bromus secalinus) 45, hairy
chess (Bromus commutatus) 45, buckthorn plantain (Plantago
lanceolata)
45, wild onion or garlic (Allium spp.) 18, charlock (Sinapsis
arvensis) 18, wild mustards (Brassica spp.)
18, treacle (Erysimum spp.) 18, wild carrot (Daucus
carota) 18,
morning glory and purple moonflower (Ipomoea spp.) 18, hedge
bindweed (Calystegia
spp., syn. Convolvulus sepium) 18, dodder (Cuscuta
spp.) 18, except lespedeza seed, other than sericea lespedeza
(Lespedeza cuneata), which may contain 45 dodder per pound,
pennycress, fanweed (Thlaspi arvense) 18, wild oats (Avena
fatua) 9, climbing milkweed, sandvine (Cynanchum laeve, syn.
Gonolobus laevis) 9, jointed goatgrass (Aegilops
cylindrica) 9, black nightshade complex (Solanum ptycanthum, S.
americanum, S. sarrachoides, S. nigrum, and S. interius) 9, wild
buckwheat, black bindweed (Polygonum convolvulus) 9, velvetleaf,
butterprint (Abutilon theophrasti) 9, and cocklebur (Xanthium
spp.) 9. The total number of the restricted weed seed shall not exceed
90 per pound except native grass,
smooth bromegrass, tall fescue, wheatgrasses and lespedeza, other than
sericea lespedeza (Lespedeza cuneata), shall not exceed
150 per pound.
In smooth bromegrass, fescues, orchard grass, wheatgrasses, and chaffy
range grasses, hairy chess or cheat shall not exceed 2,500 per pound. For
the purposes of this section the following weedy Bromus spp. shall
be 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 all
representations, other than those on the label, disseminated in any manner,
or by any means, relating to agricultural seed.
(m) "Record" means all
information relating to any shipment of agricultural seed and includes
a file sample of each lot of such seed.
(n) "Stop sale order" means an administrative
order, authorized by law, restraining the sale, use, disposition and
movement of a definite amount of agricultural seed.
(o) "Seizure" means a legal process, issued
by court order, against a definite amount of agricultural seed.
(p) "Lot" means a definite quantity of
agricultural 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.
(q) "Germination" means the percentage of
seeds capable of producing normal seedlings under ordinarily favorable
conditions, in accordance with the methods established by rule and
regulation under this act.
(r) "Pure seed" means the kind of seed
declared on the label, exclusive of inert matter, other agricultural or
other crop seeds and weed seeds.
(s) "Inert matter" means all matter not
seeds, and as otherwise determined by rules and regulations under this act.
(t) "Other agricultural seeds or other crop
seeds" means seeds of agricultural seeds other than those included in the
percentage or percentages of kind or variety and
includes collectively all kinds and varieties not named on the label.
(u) "Hybrid" means the first generation seed of a cross produced by
controlling 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 or
subsequent generations from such crosses. Hybrid designations shall be
treated as variety names. Controlling the pollination means to use a
method of hybridization which will produce pure seed which is 75%
or more hybrid.
(v) "Type" means a group of varieties so
nearly similar that the individual varieties cannot be clearly
differentiated except under special conditions.
(w) "Treated" means that the seed has
received an application of a substance or process which is designed to reduce,
control or repel certain disease
organisms, insects or other pests attacking such seeds or seedlings growing
therefrom and includes an
application of a substance or process designed to increase seedling vigor.
(x) "Tested seed" means that a representative
sample of the lot of agricultural seed in question has been subjected to
examination and its character as to purity and germination has been determined.
(y) "Native grass seed" means the seeds of
aboriginal or native prairie grasses.
(z) "Chaffy range grasses" shall include Bluestems, Gramas, Yellow
Indian grass, wild rye grasses, buffalo grass and prairie cord grass.
(aa) "Certified seed" means any class of pedigreed seed or plant parts
for which a certificate of inspection has been issued by an official seed
certifying agency.
(bb) "Certifying agency" means: (1) an agency which is authorized under the
laws of a state, territory or possession to officially certify seed and
which has standards and procedures approved by the secretary of agriculture
of the United States department of agriculture to assure the genetic purity
and identity of the seed certified; or (2) an agency of a foreign country
which is determined by the secretary of agriculture of the United States
department of agriculture to be an agency which adheres to procedures and
standards for seed certification comparable to those adhered to generally
by seed certifying agencies under clause (1) of this subsection.
(cc) "Blend" means two or more varieties of the same kind each in excess
of 5% of the whole.
(dd) "Mixture" means a combination of seed consisting of more than one
kind each in excess of 5% of the whole.
(ee) "Brand" means a term or mark that is proprietary in nature whether
or not it is a registered or copyrighted term or mark.
(ff) "Commercial means" shall include all forms of advertising for
which a person must pay another for the dissemination or distribution of
the advertisement.
(gg) "Horticultural seeds" means those
seeds generally classified as vegetable, fruit, flowers, tree and shrub and
grown in gardens or on truck farms.
(hh) "Grower of agricultural seed" means an individual whose primary
occupation is farming and offers, exposes or sells agricultural seed of such
individual's own growing without the use of a common carrier or a third party
as an agent or broker. Seed shall be in compliance with noxious and restricted
weed seed requirements and may advertise if the advertisement specifically
states variety, bin run and if tested.
(ii) "Wholesaler" means any person who is in the business selling
agricultural seed at wholesale to any person other than the end user.
(jj) "Retailer" means any person who sells agricultural seed to the end
user.
(kk) "Seed conditioner" means any person who is in the business of
cleaning 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.