When used in this chapter, the term:
(1) “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 law.
(2) “Agricultural seed” includes the seed of grass, forage, cereal and fiber crops, and chufas and any other seed commonly recognized within the state as agricultural seed, lawn seed, and combinations of such seed, and may include identified noxious weed seed when the department determines that such seed is being used as agricultural seed.
(3) “Blend” means seed consisting of more than one variety of one kind, each present in excess of 5 percent by weight of the whole.
(4) “Buyer” means a person who purchases agricultural, vegetable, flower, tree, or shrub seed in packaging of 1,000 seeds or more by count.
(5) “Brand” means a distinguishing word, name, symbol, number, or design used to identify seed produced, packaged, advertised, or offered for sale by a particular person.
(6) “Breeder seed” means a class of certified seed directly controlled by the originating or sponsoring plant breeding institution or person, or designee thereof, and is the source for the production of seed of the other classes of certified seed.
(7) “Certified seed” means a class of seed which is the progeny of breeder, foundation, or registered seed.
(8) “Certifying agency” means:
(a) An agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or
(b) An agency of a foreign country that the United States Secretary of Agriculture has determined as adhering to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (a).
(9) “Coated seed” means seed that has been covered by a layer of materials that obscures the original shape and size of the seed and substantially increases the weight of the product. The addition of biologicals, pesticides, identifying colorants or dyes, or other active ingredients including polymers may be included in this process.
(10) “Date of test” means the month and year the percentage of germination appearing on the label was obtained by laboratory test.
(11) “Dealer” means any person who sells or offers for sale any agricultural, vegetable, flower, tree, or shrub seed for seeding purposes, and includes farmers who sell cleaned, processed, packaged, and labeled seed.
(12) “Department” means the Department of Agriculture and Consumer Services or its authorized representative.
(13) “Dormant seed” refers to viable seed, other than hard seed, which neither germinate nor decay during the prescribed test period and under the prescribed test conditions.
(14) “Flower seed” includes seed of herbaceous plants grown for blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower or wildflower seed in this state.
(15) “Foundation seed” means a class of certified seed which is the progeny of breeder or other foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing foundation seed, for the purpose of maintaining genetic purity and identity.
(16) “Germination” means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.
(17) “Hard seed” means seeds that remain hard at the end of a prescribed test period because they have not absorbed water due to an impermeable seed coat.
(18) “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by combining:
(a) Two or more inbred lines;
(b) One inbred or a single cross with an open-pollinated variety; or
(c) Two varieties or species, except open-pollinated varieties of corn (Zea mays).
The second generation or subsequent generations from such crosses may not be regarded as hybrids. Hybrid designations shall be treated as variety names.
(19) “Inert matter” means all matter that is not a full seed.
(20) “Kind” means one or more related species or subspecies which singly or collectively is known by one common name; e.g., corn, beans, lespedeza.
(21) “Label” means the display or displays of written or printed material upon or attached to a container of seed.
(22) “Labeling” includes all labels and other written, printed, or graphic representations, in any form, accompanying and pertaining to any seed, whether in bulk or in containers, and includes invoices and other bills of shipment when sold in bulk.
(23) “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 that appear in the labeling.
(24) “Mix,” “mixed,” or “mixture” means seed consisting of more than one kind, each present in excess of 5 percent by weight of the whole.
(25) “Mulch” means a protective covering of any suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds, and the prevention of erosion.
(26) “Noxious weed seed” means seed in one of two classes of seed:
(a) “Prohibited noxious weed seed” means the seed of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides.
(b) “Restricted noxious weed seed” means weed seeds that are objectionable in agricultural crops, lawns, and gardens of this state and which can be controlled by good agricultural practices or the use of herbicides.
(27) “Origin” means the state, District of Columbia, Puerto Rico, or possession of the United States, or the foreign country where the seed were grown, except for native species, where the term means the county or collection zone and the state where the seed were grown.
(28) “Other crop seed” includes all seed of plants grown in this state as crops, other than the kind or kind and variety included in the pure seed, when not more than 5 percent of the whole of a single kind or variety is present, unless designated as weed seed.
(29) “Packet seed” means seed prepared for use in home gardens and household plantings packaged in labeled, sealed containers of less than 8 ounces and typically sold from seed racks or displays in retail establishments, via the Internet, or through mail order.
(30) “Processing” means conditioning, cleaning, scarifying, or blending to obtain uniform quality and other operations which would change the purity or germination of the seed and, therefore, require retesting to determine the quality of the seed.
(31) “Pure seed” means the seed, exclusive of inert matter, of the kind or kind and variety of seed declared on the label or tag.
(32) “Record” includes the symbol identifying the seed as to origin, amount, processing, testing, labeling, and distribution, and any other document or instrument pertaining to the purchase, sale, or handling of agricultural, vegetable, flower, tree, or shrub seed. Such information includes seed samples and records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations.
(33) “Registered seed” means a class of certified seed which is the progeny of breeder or foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for the purpose of maintaining genetic purity and identity.
(34) “Shrub seed” means seed of a woody plant that is smaller than a tree and has several main stems arising at or near the ground.
(35) “Stop-sale” means any written or printed notice or order issued by the department to the owner or custodian of any lot of agricultural, vegetable, flower, tree, or shrub seed in the state, directing the owner or custodian not to sell or offer for sale seed designated by the order within the state until the requirements of this law are complied with and a written release has been issued; except that the seed may be released to be sold for feed.
(36) “Treated” means that the seed has been given an application of a material or subjected to a process designed to control or repel disease organisms, insects, or other pests attacking seed or seedlings grown therefrom to improve its planting value or to serve any other purpose.
(37) “Tree seed” means seed of a woody perennial plant typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
(38) “Type” means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.
(39) “Variety” means a subdivision of a kind which is distinct in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that the variations in essential and distinctive characteristics are describable; and stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted.
(40) “Vegetable seed” means the seed of those crops that are grown in gardens or on truck farms, and are generally known and sold under the name of vegetable seed or herb seed in this state.
(41) “Weed seed” includes the seed of all plants generally recognized as weeds within this state, and includes prohibited and restricted noxious weed seed, bulblets, tubers, and any other vegetative propagules.