2 CAR § 33-101. Definitions
2 CAR § 33-101. Definitions.
When used in this part:
(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 part;
(2) “Agricultural seed" includes:
(A) The seeds of grass, forage, cereal, and fiber crops;
(B) Any other kinds of seeds commonly recognized within this state as agricultural seeds; and
(C) Mixtures of such seeds;
(3) “Brand” means a word, mark, or picture representing a trademark, or a term taken from a trademark, which indicates the owner, originator, or labeler of the seed and does not indicate the genetic identity of the seed;
(4) “Certified seed", "registered seed", and "foundation seed" mean seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially-recognized seed certifying agency or association;
(5)(A) “Hybrid seed corn", as applied to field corn, means the first generation seed of a cross made under controlled conditions between different strains and involving two (2) or more inbred lines of corn.
(B) For purposes of labeling, the number or other designations of hybrid corn shall be used as a variety name;
(6)(A) “Hybrid sorghum" means the first generation hybrid produced by controlling the pollination between a male sterile line and a pollen restoring line.
(B) "Controlling the pollination" means to use a method of hybridization which will produce pure seed of hybrid grain sorghum which is at least ninety-five percent (95%) hybrid seed;
(7) “Kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example:
(A) Corn;
(B) Wheat;
(C) Alfalfa; and
(D) Tall fescue;
(8) “Labeling" includes all labels and other written, printed, or graphic representations, in any manner whatsoever, accompanying and pertaining to any seed whether bulk, or in containers, and includes representations on invoices;
(9) “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;
(10) “Person" includes any:
(A) Individual;
(B) Partnership;
(C) Corporation;
(D) Company;
(E) Society; or
(F) Association;
(11) “Record" includes:
(A) All information relating to:
(i) Lot;
(ii) Identification;
(iii) Source;
(iv) Origin;
(v) Variety;
(vi) Amount;
(vii) Processing;
(viii) Testing; and
(ix) Labeling; and
(B) Invoices with a lot number;
(12) “Registered seed technologist" means a seed technologist who has attained registered membership in the Society of Commercial Seed Technologists through qualifying tests and experiences as required by this society;
(13) “Stop-sale" means an administrative order restraining the sale, use, disposition, and movement of a definite amount of seed;
(14)(A) “Treated seed" means seed that has been treated with a substance designed to control or repel plant disease organisms, insects, or other pests attacking such seed or plants therefrom, or will otherwise improve the planting value of the seed.
(B) Exception. Fumigants or grain protectants that leave no residues toxic to warm-blooded animals (Synergized pyrethins) are not covered by this part;
(15) “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; and
(16) “Weed seed" includes the seeds, or structures normally considered as seeds, of all plants generally recognized as weeds within this state and includes noxious weed seeds.