Effective 28 Aug 1979

266.021. Definitions. — When used in sections 266.011 to 266.111:

(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 seeds" includes the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural or field seeds, except Johnson grass.

(3) "Certified seed" means certified, registered, foundation or any term conveying a similar meaning when referring to seed that has been produced, processed and labeled in accordance with the procedures and in compliance with the rules and regulations of a legally constituted and officially recognized seed certifying agency as provided for in this law.

(4) "Controlling the pollination" means to use a method of hybridization which will produce pure seed which is at least seventy-five percent hybrid seed. Hybrid designations shall be treated as variety names.

(5) "Department" or "department of agriculture" means the state department of agriculture, and when by this law the said department of agriculture is charged to perform a duty it shall be understood to authorize the performance of such duty by the director of the department of agriculture or his duly authorized deputies subject to his instructions.

(6) "Director" means the director of the Missouri state department of agriculture.

(7) "Hybrid" applied to kinds or varieties of seed 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;

(c) Two selected clones, seed lines, varieties, or species.

(8) "Kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, or timothy.

(9) "Label" means any tag, label, brand, or device attached to, or written, stamped, printed, or stenciled on any container of seed or supplied with any bulk lot of seeds.

(10) "Lot" means a definite quantity of seed identified by a number, every portion or bag of which is uniform, within permitted 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 is sold and includes a:

(a) "Retail place of business" where seed is held for sale and sold, or held for sale and offered for sale to the end user;

(b) "Wholesale place of business" where seed is held for sale and sold, or held for sale and offered for sale to a seed dealer.

(13) "Record" includes all information relating to the shipment and sale of seed.

(14) "Seizure" means a legal process for obtaining seed as granted by court order.

(15) "Stop-sale" means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed, of a specific lot number if the seed is distinguished by lots.

(16) "Treated" means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

(17) "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.

(18) "Vegetable seeds" includes the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds in this state.

(19) "Weed seeds" includes the seeds of all plants generally recognized as weeds within this state, and includes (a) noxious-weed seeds which are the seeds of weeds which are highly objectionable in fields, lawns or gardens of Missouri, and which are difficult to control by good cultural practices, and (b) prohibited weed seeds which are the seeds of weeds which, when established, are highly destructive and difficult to control in this state by good cultural practices. The species of weeds seed declared to be noxious and the species of weeds seed declared to be prohibited shall be established by regulation.

­­--------

(L. 1951 p. 5 § 266.020, A.L. 1957 p. 13, A.L. 1979 H.B. 57)