Sec. 22-55. Definitions.
Sec. 22-55. Definitions. When used in this chapter:
(a) "Person" includes a partnership, corporation, limited liability company, company, society or association;
(b) "Agricultural seeds" includes the seeds of grass, forage, cereal, mangel beets
and fiber crops and any other kinds of seeds commonly recognized within this state as
agricultural seeds, lawn seeds, and mixtures of such seeds;
(c) "Vegetable seeds" includes the seeds of those crops which are grown in gardens
or on truck farms and are generally known and sold under the name of vegetable seeds
in this state;
(d) "Weed seeds" includes the seeds of all plants generally recognized as weeds
within this state and includes noxious-weed seeds;
(e) Noxious-weed seeds shall be divided into two classes, "prohibited noxious-weed
seeds" and "restricted noxious-weed seeds", which are defined in subdivisions (1) and
(2) of this subsection; (1) "prohibited noxious-weed seeds" means the seeds of perennial
weeds such as not only reproduce by seed, but also spread by underground roots, stems
and other reproductive parts, and which, when well established, are highly destructive
and difficult to control in this state by ordinary good cultural practice; (2) "restricted
noxious-weed seeds" means the seeds of such weeds as are objectionable in fields, lawns
or gardens, but can be controlled by good cultural practice;
(f) "Labeling" includes all labels, and other 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;
(g) "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;
(h) "Treated" means that the seed has received an effective application of an approved substance, or has been treated by a method, designed to control or repel disease
organisms, insects or other pests, or has received other treatment to improve plant development;
(i) "Record" includes all information relating to the shipment or shipments involved, and includes a file sample of each lot of seed;
(j) "Stop-sale" means an administrative order provided by law restricting the sale,
use, disposition and movement of a definite amount of seed;
(k) "Kind" means one or more related species or subspecies which, singly or collectively, are known by one common name: For example, corn, oats, alfalfa and timothy;
(l) "Variety" means a subdivision of a kind characterized by growth, yield, plant,
fruit, seed or other characteristics, by which it can be differentiated from other plants
of the same kind;
(m) "Lot" means a definite quantity of 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;
(n) "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, except open-pollinated
varieties of corn Zea mays. The second generation and subsequent generations from
such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as
variety names;
(o) "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, effective July 1, 1955, and as subsequently amended;
(p) "Type" means a group of varieties so nearly similar that the individual varieties
cannot be clearly differentiated except under special considerations;
(q) A "private hearing" may consist of a discussion of facts between the person
charged and the enforcement officer;
(r) "Certifying agency" means (1) an agency authorized under the laws of a state,
territory or possession to certify seed or (2) an agency of a foreign country determined
by the United States Secretary of Agriculture to adhere to procedures and standards for
seed certification comparable to those adhered to generally by seed certifying agencies
under subdivision (1).
(1949 Rev., S. 3094; 1949, S. 1713d; 1957, P.A. 358, S. 1,2; 1963, P.A. 75, S. 1; 642, S. 30; P.A. 95-79, S. 83, 189.)
History: 1963 acts rephrased and redefined "agricultural seeds" to delete "field" seeds, redefined noxious weeds as
"prohibited" or "restricted" rather than as "primary" or "secondary", deleted proviso re agriculture and natural resources
commissioner's power to add or subtract from lists and deleted listing of specific plants considered as prohibited or
restricted, clarified "labeling" definition, deleted Subdiv. (h) re standards of germination for vegetable seeds, relettering
remaining Subdiv. containing definition of "treated" and adding new Subdivs. (i) to (r) defining "record", "stop-sale",
"kind", "variety", "lot", "hybrid", "pure seed", "type", "private hearing" and "certifying agency"; P.A. 95-79 redefined
"person" to include a limited liability company, effective May 31, 1995.