38-12A-1. Definition of terms. Terms used in this chapter mean:

(1) "Advertisement," all representation, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter;

(2) "Agricultural seeds," the seeds of grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed and combinations of such seeds;

(3) "Certified seed," any seed of specific genetic purity and identity that has been officially certified by a certifying agency;

(4) "Certified seed technologist," any seed technologist who has been certified by the Association of Official Seed Analysts;

(5) "Certifying agency," an agency authorized by chapter 38-11 to officially certify seed to assure the genetic purity and identity of the seed certified;

(6) "Conditioning," drying, cleaning, scarifying, and other operations which could change the purity or germination of the seed and require the seed lot to be retested to determine the label information;

(7) "Consumer," any person who purchases or otherwise obtains seed for sowing, but not for resale;

(8) "Dormant seed," any viable seed, other than hard seed, which fails to germinate when provided favorable conditions for the kind of seed in question;

(9) "Flower seed," the seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name flower seeds in this state;

(10) "Germination," the emergence and development from the seed embryo of those essential structures which are indicative of the ability to produce a normal plant under favorable conditions;

(11) "Hard seed," any seed which remains hard at the end of a prescribed germination test period because it has not absorbed water due to an impermeable seed coat;

(12) "Hybrid," includes the first generation seed of a cross produced by controlling the pollination and by combining:

(a) Two or more inlines;

(b) One inbred or single cross with an open pollinated variety;

(c) Two varieties or species, except open-pollinated varieties of corn (Zea mays). Subsequent generations from such crosses may not be regarded as hybrids. Hybrid designations shall be treated as variety names;

(13) "Inert matter," all matter not seed which includes broken seeds, sterile florets, chaff, fungus bodies, and other material;

(14) "Kind," one or more related species or subspecies which singly or collectively is known by one common name;

(15) "Label," a tag or other written, printed or graphic representations, in any format whatsoever, accompanying or pertaining to any seed, whether in bulk or in containers purporting to set forth the information required on the label by this chapter;

(16) "Lawn and turf seeds," the seeds of grass commonly grown for ornamental purposes and commonly known and sold as lawn and turf seed;

(17) "Lot," 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;

(18) "Mixture," a seed lot consisting of more than one kind;

(19) "Prohibited noxious weed seed," any weed seed which is prohibited from being present in seed, such as the seeds of weeds which are highly destructive and difficult to control by good cultural practice and the use of herbicides;

(20) "Pure seed," seed, exclusive of inert matter, and all other seed not of the kind or variety being considered;

(21) "Record," any and all information which relates to the origin, transport, treatment, germination, purity, kind, and variety of each lot of seed sold in this state. Such information includes seed samples and records of declaration, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations;

(22) "Registered seed technologist," any seed technologist who has been certified by the society of commercial seed technologists;

(23) "Restricted noxious weed seed," any weed seeds which are highly objectionable and difficult to control in specific crops, fields, lawns, and gardens of this state and which can be generally controlled by good cultural practices or the use of herbicides;

(24) "Secretary," secretary of the Department of Agriculture;

(25) "Seed," all propagation materials, within the context of this chapter ultimately intended for planting purposes;

(26) "Seed dealer," any person who exposes seed for sale, maintains an unsold inventory and sells seed, or takes and fills orders for seed for a seedsman or seed producer but does not condition or label seed;

(27) "Seedsman," any person who purchases, conditions, labels, or sells seed as a major part of his business;

(28) "Seed producer," any person who labels and sells seed only of his own production;

(29) "Seizure," a legal process carried out by a court order pertaining to a definite amount of seed;

(30) "Stop sale," an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed;

(31) "Tetrazolium test or TZ test," a chemical test which indicates seed viability;

(32) "Treated seed," any seed that has received an application of a substance or that has been subjected to a procedure or coating, for which a claim is made or which is designed to reduce, control, or repel disease organism, insects or other pests which attack seed or seedlings;

(33) "Tree and shrub seeds," the seeds of woody plants commonly known and sold as tree and shrub seeds in this state;

(34) "Tolerance," the allowable deviation from any figure used on a label to designate the percentage of any component or the number of seeds given for the lot in question and is based on the law of normal variation from a mean;

(35) "Variety," 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;

(36) "Vegetable seed," the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seed in this state;

(37) "Weed seeds," any seed of plants commonly recognized as weeds within this state including prohibited and restricted noxious weed seeds.Source: SL 1988, ch 314, § 1.