3.2-4000 - Definitions.
§ 3.2-4000. Definitions.
As used in this chapter, unless the context requires another meaning:
"Advertisement" means any representation relating to seed within the scopeof this article that is not also required labeling.
"Agricultural seed" means seeds of grass, forage, cereal, and fiber crops;any other seed commonly recognized as agricultural seed; and any lawn seed,turf seed, and mixtures thereof (including any noxious-weed seeds that may bepresent).
"Bag" or "packet" means a container in the form of a sack or pouch.
"Blend" means a mechanical combination of varieties of the same kind thatis identified by a blend designation and is always present in the samepercentages in each lot so designated.
"Brand" means the name, term, design, or trademark of seed offered for sale.
"Bulk" or "in bulk" means loose seed in bins or other containers, but notbags or packets.
"Certified seed," "registered seed," or "foundation seed" means seedproduced and labeled in compliance with the procedures and requirements of anofficial certifying agency of a state, the United States, a province ofCanada, or the government of a foreign country where the seed was produced.
"Code designation" means an identification assigned by the U.S. Departmentof Agriculture.
"Conditioning" means any process of cleaning, scarifying, treating, orblending seed that changes the purity or germination of the seed.
"Controlled conditions" means minimum seed stock standards established byregulation.
"Distribute" means to import, consign, produce, mix, blend, condition,sell, offer for sale, barter, warehouse, or supply seeds in the Commonwealth.
"Dormant seed" means viable seed other than hard seed that fails togerminate when provided the specified germination conditions.
"Flower seed" means any seeds of herbaceous plants grown for their blooms,ornamental foliage, or other ornamental parts; any other seeds commonlyrecognized as flower seeds; and any seeds designated as flower seeds byregulations.
"Germination" means the percentage, by count, of seeds under considerationcapable of producing normal seedlings in a given period of time and underconditions specified by regulations.
"Guarantor" means the person whose name appears on the label.
"Hard seed" means seeds that do not absorb moisture and germinate, thusremaining hard during the period prescribed for germination by regulations.
"Hybrid" means the first generation seed of a cross produced by controllingpollination or using sterile lines and combining: (i) two, three, or fourinbred lines; (ii) one inbred line, or a single cross, with anopen-pollinated variety; or (iii) two varieties or species, exceptopen-pollinated varieties of corn.
"Inbred line" means a relatively stable and pure breeding strain resultingfrom: (i) four or more successive generations of controlled self-pollination;or (ii) four successive generations of backcrossing male sterile lines.
"Inert matter" means all matter not seeds and includes broken seeds,sterile florets, chaff, fungus bodies, and stones as determined by methodsprescribed by regulations.
"Kind" means related species or subspecies known by a common name includingwheat, oats, hairy vetch, white sweet clover, cabbage, and cauliflower.
"Labeling" means all labels, tags, and any other written, printed, orgraphic statements or representations (including representations on invoices)in any form pertaining to any seed.
"Lawn and turf seed" means seeds of grasses commonly recognized and soldfor lawns or other areas where turf is grown for beautification or erosioncontrol.
"Lawn or turf seed mixture" means two or more kinds of agricultural seedsthat are combined and sold for lawns or other areas where turf is grown forbeautification or erosion control.
"Lot" means a definite quantity of seed that is identified by a number orother identification and is uniform throughout for the factors appearing onthe label.
"Mixture" means seeds consisting of more than one kind or variety, whenclaimed or present, in excess of five percent of the whole.
"Name of mixture" means the name or term designating a specific lawn orturf seed mixture.
"Noxious-weed seed" means prohibited noxious-weed seeds and restrictednoxious weed seeds.
"Origin" means the state, territory, foreign country, or designated portionthereof, where the seed was grown.
"Prohibited noxious-weed seed" means seeds of weeds that are highlydestructive and not controllable by common practices.
"Pure seed" means agricultural or vegetable seed exclusive of inert matterand other seeds distinguishable from the kind, or kind and variety, beingconsidered. Pure seed shall be determined by methods prescribed byregulations.
"Quantity statement" means the net weight (mass), net volume (liquid ordry), count, or other form of measurement of a commodity.
"Recognized variety name" and "recognized hybrid designation" mean thename or designation first assigned to the variety or hybrid by the person whodeveloped and introduced it for production or sale.
"Registrant" means the person registering a lawn or turf seed mixturepursuant to this article.
"Restricted noxious-weed seed" means weed seeds that are very objectionablein fields, lawns, and gardens and are difficult to control by commonpractices.
"Sale" means the transfer of ownership of seed as evidenced by the exchangeof payment or seed, in whole or in part.
"Screenings" means seed, inert matter, and other materials removed fromagricultural seed or vegetable seed by cleaning or conditioning.
"Stop sale, use, removal, or seizure order" means an order that prohibitsthe distributor from selling, relocating, using, or disposing of seed untilthe Commissioner or the court gives written permission.
"Tolerance" means the allowable deviation from any figure used on a labelto designate the percentage of any fraction or rate of occurrence in the lotand is based on the law of normal variation from a mean.
"Transgenetic" means any plant material or seed that has undergone thetransfer of a gene from one genera to another.
"Treated" means seed that has received an effective application of: (i) agenerally approved substance; (ii) a process designed to control or repelcertain disease organisms, insects, or other pests; or (iii) any othertreatment to improve its planting value.
"Tree and shrub seed" means seeds of woody plants commonly recognized astrees and shrubs and designated by regulations.
"Variety" means a subdivision of a kind characterized by growth, plant,fruit, seed, or other characteristics that distinguish it from other plantsof the same kind.
"Vegetable seed" means seeds of crops grown in gardens and on truck farmscommonly recognized as vegetable seed and designated by regulations.
"Weed seed" means seeds, bulblets, or tubers of plants commonly recognizedas weeds, including noxious-weed seeds.
(Code 1950, § 3-219.2; 1958, c. 483; 1966, cc. 9, 702, § 3.1-263; 1994, c.577; 2008, c. 860.)