Section 9-201 - Definitions.
§ 9-201. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
(b) Advertisement.- "Advertisement" means every representation, other than that on the label, relating to seed, subject to this subtitle and disseminated in any manner or by any means.
(c) Agricultural seed.- "Agricultural seed" includes the seed of any grass, forage, cereal, or fiber crop and any other kind of seed commonly recognized in the State as agricultural, field, or lawn seed, and mixtures of these seeds, and noxious weed seed when the Secretary determines that the seed is being used as agricultural seed.
(d) Approved; certified; registered; foundation; breeder.- The terms "approved", "certified", "registered", "foundation", or "breeder" or any other term conveying similar meaning when referring to any seed means seed which is produced or collected, processed and labeled in accordance with the procedures and the rules and regulations of an officially recognized certification agency.
(e) Consumer.- "Consumer" includes any person who purchases or otherwise obtains seed for planting purposes but not for resale.
(f) Controlled conditions.- "Controlled conditions" means those minimum standards for genetic purity of seed stocks, isolation, planting ratio, detasseling, roguing, harvesting, and other factors necessary for the production of hybrid seed as established by rules and regulations adopted pursuant to the provisions of this article.
(g) Flower seed.- "Flower seed" includes the seed of any herbaceous plant grown for its blooms, ornamental foliage, or other ornamental part and commonly known and sold under the name of flower seed in the State.
(h) Germination.- "Germination" has the meaning provided by rule or regulation of the Secretary.
(i) Hybrid.- "Hybrid" means the first generation seed of a cross produced by controlling the pollination and by use of sterile lines and combining:
(1) Two, three, or four 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 any subsequent generation from any cross is not a hybrid. Any hybrid designation shall be treated as a variety name.
(j) Inbred line.- "Inbred line" means a relatively stable and pure breeding strain resulting from at least four successive generations of controlled self-pollination or four successive generations of backcrossing in the case of male sterile lines.
(k) Inert matter.- "Inert matter" means all matter not seeds, and includes broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed by rules and regulations adopted pursuant to the provisions of this article.
(l) Kind.- "Kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, or timothy.
(m) Labeling.- "Labeling" includes every label and other written, printed, or graphic representation in any form, accompanying and pertaining to any seed whether in bulk or in container, and includes representation on any invoice.
(n) Lot.- "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within the recognized tolerance for the factor appearing in the labeling.
(o) Noxious weed seed.- "Noxious weed seed" includes prohibited noxious weed seed and restricted noxious weed seed.
(p) Officially recognized.- "Officially recognized" means recognized and designated by the laws or rules and regulations of any state, the United States, any province of Canada, or the government of any foreign country whose certification standards are recognized by the Secretary.
(q) Prohibited noxious weed seed.- "Prohibited noxious weed seed" means the seed of any perennial weed including a weed reproduced by seed and one spread by underground roots, stems, and other body parts, which when well established, are highly destructive and difficult to control in the State by ordinary good cultural practices and the seed of which is prohibited by this subtitle. Prohibited noxious weed seeds in this State means those seeds so designated by the Secretary by rule or regulation.
(r) Pure seed.- "Pure seed" means agricultural or vegetable seeds exclusive of inert matter, weed seeds, and all other seeds distinguishable from the kind or kind and variety being considered, determined by methods prescribed by rules and regulations adopted pursuant to the provisions of this article.
(s) Record.- "Record" includes any information relating to the shipment involved and includes a file sample of each lot of seed.
(t) Restricted noxious weed seed.- "Restricted noxious weed seed" means the seed of any weed that is very objectionable in fields, lawns, and gardens of the State, but that can be controlled by good cultural practices and the seed of which is restricted by this subtitle. Restricted noxious weed seeds in the State means those seeds so designated by the Secretary by rule or regulation.
(u) Retail seedsman.- "Retail seedsman" includes any person who sells, or offers, exposes or transports for sale, seeds for planting purposes to the consumer.
(v) Seed.- "Seed" means seed, sprout, rhizome, shoot, bulblet, fruits and other bodies capable of regrowth.
(w) Stop-sale.- "Stop-sale" means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed of a specific lot.
(x) Treated.- "Treated" means the seed has received an application of a substance or process which is designated to reduce, control, or repel certain disease organisms, insects, or other pests attacking the seed or seedling growing from it.
(y) Tree and shrub seed.- "Tree and shrub seed" includes the seeds of woody plants and herbs, commonly known and sold as tree and shrub seeds in the State.
(z) Variety.- "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.
(aa) Vegetable or herb seed.- "Vegetable or herb seed" includes the seed, tuber, or plant of those crops grown in gardens or on truck farms and generally known and sold under the name of vegetable seed in the State.
(bb) Weed seed.- "Weed seed" includes the seeds or bulblets of any plant generally recognized as a weed in the State, including any noxious weed seed.
(cc) Wholesale seedsmen.- "Wholesale seedsmen" includes any person who sells, or offers, exposes, or transports for sale seed for planting purposes to a retail seedsman.
[An. Code 1957, art. 48, § 148; 1973, 1st Sp. Sess., ch. 6, § 1; 1974, ch. 177, § 4; 1999, ch. 34, § 1.]