266.021. Definitions.
Definitions.
266.021. When used in sections 266.011 to 266.111:
(1) "Advertisement" means all representations, other thanthose on the label, disseminated in any manner or by any means,relating to seed within the scope of this law.
(2) "Agricultural seeds" includes the seeds of grass,forage, cereal and fiber crops and any other kinds of seedscommonly recognized within this state as agricultural or fieldseeds, except Johnson grass.
(3) "Certified seed" means certified, registered, foundationor any term conveying a similar meaning when referring to seedthat has been produced, processed and labeled in accordance withthe procedures and in compliance with the rules and regulationsof a legally constituted and officially recognized seedcertifying agency as provided for in this law.
(4) "Controlling the pollination" means to use a method ofhybridization which will produce pure seed which is at leastseventy-five percent hybrid seed. Hybrid designations shall betreated as variety names.
(5) "Department" or "department of agriculture" means thestate department of agriculture, and when by this law the saiddepartment of agriculture is charged to perform a duty it shallbe understood to authorize the performance of such duty by thedirector of the department of agriculture or his duly authorizeddeputies subject to his instructions.
(6) "Director" means the director of the Missouri statedepartment of agriculture.
(7) "Hybrid" applied to kinds or varieties of seed means thefirst generation seed of a cross produced by controlling thepollination and by combining:
(a) Two or more inbred lines;
(b) One inbred or a single cross with an open pollinatedvariety;
(c) Two selected clones, seed lines, varieties, or species.
(8) "Kind" means one or more related species or subspecieswhich singly or collectively is known by one common name, forexample, corn, oats, alfalfa, or timothy.
(9) "Label" means any tag, label, brand, or device attachedto, or written, stamped, printed, or stenciled on any containerof seed or supplied with any bulk lot of seeds.
(10) "Lot" means a definite quantity of seed identified by anumber, every portion or bag of which is uniform, withinpermitted tolerances for factors which appear in the labeling.
(11) "Person" includes any individual, partnership,corporation, company, society, or association.
(12) "Place of business" is that place from which seed issold and includes a:
(a) "Retail place of business" where seed is held for saleand sold, or held for sale and offered for sale to the end user;
(b) "Wholesale place of business" where seed is held forsale and sold, or held for sale and offered for sale to a seeddealer.
(13) "Record" includes all information relating to theshipment and sale of seed.
(14) "Seizure" means a legal process for obtaining seed asgranted by court order.
(15) "Stop-sale" means an administrative order provided bylaw, restraining the sale, use, disposition, and movement of adefinite amount of seed, of a specific lot number if the seed isdistinguished by lots.
(16) "Treated" means that the seed has received anapplication of a substance, or that it has been subjected to aprocess for which a claim is made.
(17) "Variety" means a subdivision of a kind characterizedby growth, yield, plant, fruit, seed, or other characteristics,by which it can be differentiated from other plants of the samekind.
(18) "Vegetable seeds" includes the seeds of those cropswhich are grown in gardens or on truck farms and are generallyknown and sold under the name of vegetable seeds in this state.
(19) "Weed seeds" includes the seeds of all plants generallyrecognized as weeds within this state, and includes (a)noxious-weed seeds which are the seeds of weeds which are highlyobjectionable in fields, lawns or gardens of Missouri, and whichare difficult to control by good cultural practices, and (b)prohibited weed seeds which are the seeds of weeds which, whenestablished, are highly destructive and difficult to control inthis state by good cultural practices. The species of weeds seeddeclared to be noxious and the species of weeds seed declared tobe prohibited shall be established by regulation.
(L. 1951 p. 5 § 266.020, A.L. 1957 p. 13, A.L. 1979 H.B. 57)