State Codes and Statutes

Statutes > New-york > Agm > Article-9 > 136

§ 136. Definitions. As used in this article unless otherwise expressly  stated, or unless the context or subject matter otherwise requires:    1.  The  term  "person"  shall  include  any  individual, partnership,  corporation, company, society, or association.    2. The term  "seed"  means  botanical  structures  used  for  planting  purposes  and  commonly  referred  to  as "seed" within this state. This  includes tubers of the Irish potato when such tubers are represented  as  being suitable for planting purposes.    3.  The  terms "agricultural seeds" and "crop seeds" include the seeds  of grass, forage, cereal, field beans, and  fiber  crops  or  any  other  kinds  of  seeds  commonly  recognized within this state as agricultural  seeds, lawn seeds, and mixtures of such seeds.    4. The term "vegetable seeds" includes seeds of those food crops which  are grown in gardens and on truck farms and are generally known and sold  under the name of vegetable or herb seeds in this state.    5. The term "flower seeds" includes seeds of herbaceous  plants  grown  for  their  blooms,  ornamental  foliage,  or other ornamental parts and  commonly known and sold under the name of flower seeds in this state.    6. The term "tree and shrub seeds"  includes  seeds  of  woody  plants  commonly known and sold as tree or shrub seeds in this state.    7.   The   term  "noxious  weed  seeds"  includes  seeds  of  bindweed  (Convolvulus arvensis), quackgrass (Elytrigia  repens),  Canada  thistle  (Cirsium  arvense), bedstraw (Galium spp.), dodder (Cuscuta spp.), horse  nettle (Solanum  carolinense),  wild  onion  (Allium  canadense  and  A.  vineale),   corn  cockle  (Agrostemma  githago),  and  Russian  knapweed  (Acroptilon repens).    8. The term "labeling" refers to statements written  or  imprinted  on  the  seed  container itself or on a tag or label securely attached to it  as specified in the label requirements of this law.    9. The term "advertising" means all representations,  other  than  the  required label statements made in any manner or by any means relating to  seed within the scope of this act.    10.  The  term  "stop-sale"  means an administrative order provided by  law, restraining the sale, use, disposition, and movement of a  definite  amount of seed.    11.  The  term  "seizure"  means  a legal process carried out by court  order against a definite amount of seed.    12. The term "kind" means one or more related  species  or  subspecies  which  singly  or collectively is known by one common name, for example,  corn, oats, alfalfa, and timothy.    13. The term "variety" means a subdivision of a kind characterized  by  growth,  yield,  disease resistance, plant, flower, fruit, seed or other  characteristics  by  which  it  may  be  differentiated  under   certain  conditions from other plants of the same kind.    14.  The  term  "lot"  means  a  definite  quantity  of  seed which is  identified by a lot number or other mark, and which has been so  handled  that each portion or container is representative of the whole quantity.    15.  The  term "hybrid" means the first generation of a cross produced  under controlled pollination. The parents must be  sufficiently  uniform  to   permit   repeated  production  of  the  hybrid  without  change  in  performance. Hybrid designations shall be treated as variety names.    16. "Pure seed" means agricultural, vegetable, flower, tree, or  shrub  seeds  exclusive  of  inert  matter,  weed  seeds,  and  all other seeds  distinguishable from the kinds, or kinds and varieties being considered.    17. The term "percentage  of  germination"  means  the  percentage  of  seeds,  other  than  hard  seeds,  which are capable of producing normal  seedlings under favorable conditions.18. The term "percentage of hard seed" means the percentage  of  seeds  which are incapable of sprouting promptly because their outer structures  are impermeable to water.    19.  The  term "treated" means that the seed has received an effective  application of an approved substance or method designed  to  control  or  repel  plant disease organisms, insects, or other pests; or has received  some other treatment to improve its planting value.    20. "Certified", "registered", "foundation", "phyto-inspected", or any  other terms conveying similar meaning, when  referring  to  seed,  means  seed  which  has  been  produced or collected, processed, and labeled in  accordance with the procedures and in  compliance  with  the  rules  and  regulations   of   an  officially  recognized  certification  agency  or  agencies.    21. "Officially recognized" means recognized  and  designated  by  the  laws  or  regulations  of  any state, the United States, any province of  Canada, or the government of any foreign country wherein said seeds were  produced, except that if said seeds are  produced  in  New  York  state,  section one hundred forty-one shall govern.

State Codes and Statutes

Statutes > New-york > Agm > Article-9 > 136

§ 136. Definitions. As used in this article unless otherwise expressly  stated, or unless the context or subject matter otherwise requires:    1.  The  term  "person"  shall  include  any  individual, partnership,  corporation, company, society, or association.    2. The term  "seed"  means  botanical  structures  used  for  planting  purposes  and  commonly  referred  to  as "seed" within this state. This  includes tubers of the Irish potato when such tubers are represented  as  being suitable for planting purposes.    3.  The  terms "agricultural seeds" and "crop seeds" include the seeds  of grass, forage, cereal, field beans, and  fiber  crops  or  any  other  kinds  of  seeds  commonly  recognized within this state as agricultural  seeds, lawn seeds, and mixtures of such seeds.    4. The term "vegetable seeds" includes seeds of those food crops which  are grown in gardens and on truck farms and are generally known and sold  under the name of vegetable or herb seeds in this state.    5. The term "flower seeds" includes seeds of herbaceous  plants  grown  for  their  blooms,  ornamental  foliage,  or other ornamental parts and  commonly known and sold under the name of flower seeds in this state.    6. The term "tree and shrub seeds"  includes  seeds  of  woody  plants  commonly known and sold as tree or shrub seeds in this state.    7.   The   term  "noxious  weed  seeds"  includes  seeds  of  bindweed  (Convolvulus arvensis), quackgrass (Elytrigia  repens),  Canada  thistle  (Cirsium  arvense), bedstraw (Galium spp.), dodder (Cuscuta spp.), horse  nettle (Solanum  carolinense),  wild  onion  (Allium  canadense  and  A.  vineale),   corn  cockle  (Agrostemma  githago),  and  Russian  knapweed  (Acroptilon repens).    8. The term "labeling" refers to statements written  or  imprinted  on  the  seed  container itself or on a tag or label securely attached to it  as specified in the label requirements of this law.    9. The term "advertising" means all representations,  other  than  the  required label statements made in any manner or by any means relating to  seed within the scope of this act.    10.  The  term  "stop-sale"  means an administrative order provided by  law, restraining the sale, use, disposition, and movement of a  definite  amount of seed.    11.  The  term  "seizure"  means  a legal process carried out by court  order against a definite amount of seed.    12. The term "kind" means one or more related  species  or  subspecies  which  singly  or collectively is known by one common name, for example,  corn, oats, alfalfa, and timothy.    13. The term "variety" means a subdivision of a kind characterized  by  growth,  yield,  disease resistance, plant, flower, fruit, seed or other  characteristics  by  which  it  may  be  differentiated  under   certain  conditions from other plants of the same kind.    14.  The  term  "lot"  means  a  definite  quantity  of  seed which is  identified by a lot number or other mark, and which has been so  handled  that each portion or container is representative of the whole quantity.    15.  The  term "hybrid" means the first generation of a cross produced  under controlled pollination. The parents must be  sufficiently  uniform  to   permit   repeated  production  of  the  hybrid  without  change  in  performance. Hybrid designations shall be treated as variety names.    16. "Pure seed" means agricultural, vegetable, flower, tree, or  shrub  seeds  exclusive  of  inert  matter,  weed  seeds,  and  all other seeds  distinguishable from the kinds, or kinds and varieties being considered.    17. The term "percentage  of  germination"  means  the  percentage  of  seeds,  other  than  hard  seeds,  which are capable of producing normal  seedlings under favorable conditions.18. The term "percentage of hard seed" means the percentage  of  seeds  which are incapable of sprouting promptly because their outer structures  are impermeable to water.    19.  The  term "treated" means that the seed has received an effective  application of an approved substance or method designed  to  control  or  repel  plant disease organisms, insects, or other pests; or has received  some other treatment to improve its planting value.    20. "Certified", "registered", "foundation", "phyto-inspected", or any  other terms conveying similar meaning, when  referring  to  seed,  means  seed  which  has  been  produced or collected, processed, and labeled in  accordance with the procedures and in  compliance  with  the  rules  and  regulations   of   an  officially  recognized  certification  agency  or  agencies.    21. "Officially recognized" means recognized  and  designated  by  the  laws  or  regulations  of  any state, the United States, any province of  Canada, or the government of any foreign country wherein said seeds were  produced, except that if said seeds are  produced  in  New  York  state,  section one hundred forty-one shall govern.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-9 > 136

§ 136. Definitions. As used in this article unless otherwise expressly  stated, or unless the context or subject matter otherwise requires:    1.  The  term  "person"  shall  include  any  individual, partnership,  corporation, company, society, or association.    2. The term  "seed"  means  botanical  structures  used  for  planting  purposes  and  commonly  referred  to  as "seed" within this state. This  includes tubers of the Irish potato when such tubers are represented  as  being suitable for planting purposes.    3.  The  terms "agricultural seeds" and "crop seeds" include the seeds  of grass, forage, cereal, field beans, and  fiber  crops  or  any  other  kinds  of  seeds  commonly  recognized within this state as agricultural  seeds, lawn seeds, and mixtures of such seeds.    4. The term "vegetable seeds" includes seeds of those food crops which  are grown in gardens and on truck farms and are generally known and sold  under the name of vegetable or herb seeds in this state.    5. The term "flower seeds" includes seeds of herbaceous  plants  grown  for  their  blooms,  ornamental  foliage,  or other ornamental parts and  commonly known and sold under the name of flower seeds in this state.    6. The term "tree and shrub seeds"  includes  seeds  of  woody  plants  commonly known and sold as tree or shrub seeds in this state.    7.   The   term  "noxious  weed  seeds"  includes  seeds  of  bindweed  (Convolvulus arvensis), quackgrass (Elytrigia  repens),  Canada  thistle  (Cirsium  arvense), bedstraw (Galium spp.), dodder (Cuscuta spp.), horse  nettle (Solanum  carolinense),  wild  onion  (Allium  canadense  and  A.  vineale),   corn  cockle  (Agrostemma  githago),  and  Russian  knapweed  (Acroptilon repens).    8. The term "labeling" refers to statements written  or  imprinted  on  the  seed  container itself or on a tag or label securely attached to it  as specified in the label requirements of this law.    9. The term "advertising" means all representations,  other  than  the  required label statements made in any manner or by any means relating to  seed within the scope of this act.    10.  The  term  "stop-sale"  means an administrative order provided by  law, restraining the sale, use, disposition, and movement of a  definite  amount of seed.    11.  The  term  "seizure"  means  a legal process carried out by court  order against a definite amount of seed.    12. The term "kind" means one or more related  species  or  subspecies  which  singly  or collectively is known by one common name, for example,  corn, oats, alfalfa, and timothy.    13. The term "variety" means a subdivision of a kind characterized  by  growth,  yield,  disease resistance, plant, flower, fruit, seed or other  characteristics  by  which  it  may  be  differentiated  under   certain  conditions from other plants of the same kind.    14.  The  term  "lot"  means  a  definite  quantity  of  seed which is  identified by a lot number or other mark, and which has been so  handled  that each portion or container is representative of the whole quantity.    15.  The  term "hybrid" means the first generation of a cross produced  under controlled pollination. The parents must be  sufficiently  uniform  to   permit   repeated  production  of  the  hybrid  without  change  in  performance. Hybrid designations shall be treated as variety names.    16. "Pure seed" means agricultural, vegetable, flower, tree, or  shrub  seeds  exclusive  of  inert  matter,  weed  seeds,  and  all other seeds  distinguishable from the kinds, or kinds and varieties being considered.    17. The term "percentage  of  germination"  means  the  percentage  of  seeds,  other  than  hard  seeds,  which are capable of producing normal  seedlings under favorable conditions.18. The term "percentage of hard seed" means the percentage  of  seeds  which are incapable of sprouting promptly because their outer structures  are impermeable to water.    19.  The  term "treated" means that the seed has received an effective  application of an approved substance or method designed  to  control  or  repel  plant disease organisms, insects, or other pests; or has received  some other treatment to improve its planting value.    20. "Certified", "registered", "foundation", "phyto-inspected", or any  other terms conveying similar meaning, when  referring  to  seed,  means  seed  which  has  been  produced or collected, processed, and labeled in  accordance with the procedures and in  compliance  with  the  rules  and  regulations   of   an  officially  recognized  certification  agency  or  agencies.    21. "Officially recognized" means recognized  and  designated  by  the  laws  or  regulations  of  any state, the United States, any province of  Canada, or the government of any foreign country wherein said seeds were  produced, except that if said seeds are  produced  in  New  York  state,  section one hundred forty-one shall govern.