3-231. Definitions

In this article, unless the context otherwise requires:

1. " Advertisement" means all representations, other than those on the label, made in any manner relating to seed within the scope of this article.

2. " Agricultural seed" means the seeds of grass, forage, cereal, and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of such seeds, and may include noxious-weed seeds when the department determines that such seed is being used as agricultural seed.

3. " Cease and desist order" means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed.

4. " Certified seed" or " registered seed" means 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.

5. " Custom application" means an application of pesticide to a seed by a pesticide applicator who does not hold title to the seed.

6. " Dealer" means any person who sells seed.

7. " Division" means the environmental services division of the Arizona department of agriculture.

8. " Established plant, warehouse, or place of business" means any permanent office headquarters maintained by an importer, broker, seller or authorized manufacturer's agent, or any permanent warehouse, building or structure in or from which a permanent business is operated, at which stocks of agricultural seed, vegetable seed or ornamental plant seed regulated by this article are sold, distributed, processed, mixed, stored or kept.

9. " Hybrid" means the first generation seed of a crossbreed produced by controlling pollination and by combining two or more inbred lines, or one inbred or a single crossbreed with an open pollinated variety, or two varieties or species, except open pollinated varieties of corn (zea mays). The second generation, or subsequent generations from such crosses, shall not be regarded as crosses. Hybrid designations shall be treated as variety names. Any kinds or varieties that have pure seed which is less than ninety-five per cent but more than seventy-five per cent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show the percentage of pure seed that is hybrid seed, or shall be labeled with a statement such as " contains from seventy-five per cent to ninety-five per cent hybrid seed" . No one kind of seed shall be labeled as hybrid if the pure seed contains less than seventy-five per cent hybrid seed.

10. " Inoculant" means a commercial preparation containing nitrogen-fixing bacteria that is applied to seed.

11. " Kind" means one or more related species or subspecies which singly or collectively are known by one common name, such as corn, oats, alfalfa and timothy.

12. " Label" means any label or other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers and includes representations or invoices.

13. " Labeler" means any person whose name and address appear on the label pertaining to or attached to a lot or container of agricultural, vegetable or ornamental plant seed sold, offered for sale, exposed for sale or transported for sowing purposes.

14. " License" means an Arizona state seed license that is obtained from the department.

15. " 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.

16. " Noxious-weed seeds" means " prohibited noxious-weed seeds" and " restricted noxious-weed seeds" as defined as follows and as listed in the rules adopted under this article.

(a) " Prohibited noxious-weed seeds" are the seeds of perennial or annual weeds which, when established, are highly destructive and difficult to control by ordinary good cultural practice and the seed of which is prohibited by this article subject to recognized tolerances.

(b) " Restricted noxious-weed seeds" are all noxious-weed seed not classified as prohibited noxious-weed seed.

17. " Ornamental plant seed" means the seed of any plant used for decorative or ornamental purposes and includes flower seed.

18. " Person" means any individual, partnership, corporation, company, society or association.

19. " Pure seed" , " germination" and other seed labeling and testing terms in common usage shall be defined as in the federal seed act (53 Stat. 1275; 7 United States Code sections 1551 through 1611) and the rules and regulations promulgated under that act.

20. " Record" means all information relating to the shipment or shipments involved and includes a file sample of each lot of seed.

21. " Sell" means offer for sale, expose for sale, possess for sale, exchange, barter or trade.

22. " Treated" means that the seed has received an application of a substance or process that is designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing from the seeds.

23. " Type" means either a group of varieties so similar that the individual varieties cannot be clearly differentiated except under special conditions or, when used with a variety name, seed of the variety named which may be mixed with seed of other varieties of the same kind and of similar character. If type is designated, the designation may be associated with the name of the kind but in all cases shall be clearly associated with the word " type" . If the type designation does not include a variety name, it shall include a name that describes a group of varieties of similar character, and the pure seed shall be at least ninety per cent of one or more varieties all of which conform to the type designation.

24. " 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.

25. " Vegetable seeds" means seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state.

26. " Weed seeds" means the seeds of all plants generally recognized as weeds within this state and includes noxious-weed seeds.