§ 106-277.2. Definitions. - North Carolina Statutes

§ 106‑277.2. Definitions.

As used in this Article,unless the context clearly requires otherwise:

(1)        The term"advertisement" means all representations, other than those requiredon the label, disseminated in any manner or by any means, relating to seed withinthe scope of this Article.

(2)        The term"agricultural seeds" shall include the seed of grass, forage, cereal,fiber crops and any other kinds of seeds commonly recognized within this Stateas agricultural or field seeds, lawn seeds and mixtures of such seeds, and mayinclude noxious‑weed seeds when the Commissioner determines that suchseed is being used as agricultural seed.

(2a) – (2e) Reserved.

(2f)       The term"blend" means a mechanical combination of varieties identified by ablend designation in which each component variety is equal to or above theminimum standard germination for its class; which is always present in the samepercentage in each lot identified by the same "blend" designation;and for which research data supports an advantage of the "blend" overthe singular use of either component variety. "Blend" designationsshall be treated as variety names.

(3)        The term"Board" means the North Carolina Board of Agriculture as establishedunder G.S. 106‑2.

(3a)      Reserved.

(3b)      The term"brand" means an identifying numeral, letter, word, or anycombination of these, used with the word "brand" to designate sourceof seeds.

(3c)      The term"buyer" means a person who buys agricultural or vegetable seed forthe purpose of planting and growing the seed.

(4)        The terms"certified seeds," "registered seeds" or "foundationseeds" mean seed that has been produced and labeled in accordance with theprocedures and in compliance with the requirements of an official seed‑certifyingagency.

(5)        The term"clone" means all the individuals derived by vegetative propagationfrom a single, original individual.

(6)        The term "codedesignation" means a series of numbers or letters approved by the UnitedStates Department of Agriculture and used in lieu of the full name and addressof the person who labels seeds, as required in this Article in G.S. 106‑277.5(10).

(7)        The term"Commissioner" means the Commissioner of Agriculture of NorthCarolina or his designated agent or agents.

(7a)      The term"conditioning" means cleaning, scarifying, or blending to obtainuniform quality and other operations that would change the purity orgermination of the seed and therefore require retesting to determine thequality of the seed, but does not include operations such as packaging,labeling, blending together of uniform lots of the same kind, or kind andvariety, without cleaning, or preparation of a mixture without cleaning, any ofwhich would not require retesting to determine the quality of the seed.

(8)        The term "dateof test" means the month and year the percentage of germination appearingon the label was obtained by laboratory test.

(9)        The term"dealer" or "vendor" shall mean any person, not classifiedas a grower, who buys, sells or offers for sale any seed for seeding purposesand shall include any person who has seed grown under contract for resale forseeding purposes.

(9a)      The term"Department" means the Department of Agriculture and ConsumerServices as established in G.S. 106‑2.

(9b)      The term"distribute" means to provide seed for seeding purposes to more thanfive persons, but shall not include seed provided for educational purposes.

(10)      The term"germination" means the percentages by count of seeds underconsideration, determined to be capable of producing normal seedlings in a givenperiod of time and under normal conditions.

(11)      The term"grower" shall mean any person who produces seed, directly as alandlord, tenant, sharecropper or lessee, which are offered or exposed forsale.

(12)      The term "hardseeds" means seeds which, because of hardness or impermeability, do notabsorb moisture and germinate but remain hard during the normal period ofgermination.

(13)      The term"hybrid" means the first generation seed of a cross produced bycontrolling cross‑fertilization within prescribed limits and combining(i) two or more inbred lines or clones, or (ii) one or more inbred lines orclones with an open‑pollinated variety, or (iii) two or more varieties orspecies, clonal or otherwise, except open‑pollinated varieties ofnormally cross‑fertilized species. The second‑generation orsubsequent‑generation seed from such crosses shall not be designated ashybrids. Hybrid designations shall be treated as variety names. The Board ofAgriculture shall prescribe minimum limits of pollination control (percenthybridity) for each hybridized species which will qualify to be labeled"hybrid".

(14)      The term "inbredline" means a relatively stable and pure breeding strain resulting fromnot less than four successive generations of controlled self‑pollinationor four successive generations of backcrossing in the case of male sterilelines or their genetic equivalent.

(15)      The term "inbulk" refers to loose seed in bins, or open containers, and not to seed inbags or packets.

(16)      The term "inertmatter" means all matter not seeds, including broken seeds, sterileflorets, chaff, fungus bodies, stones and other substances found not to be seedwhen examined according to procedures prescribed by rules and regulationspromulgated pursuant to the provisions of this Article.

(17)      The term"kind" means one or more related species or subspecies which singlyor collectively is known by one common name, for example, corn, wheat, striatelespedeza, alfalfa, tall fescue.

(18)      The term"labeling" includes all labels and other written, printed or graphicrepresentations in any manner whatsoever accompanying and pertaining to anyseed whether in bulk or in containers and includes representations on invoices.

(19)      The term"lot" means a definite quantity of seed, identified by a lot numberor other identification, which shall be uniform throughout for the factorswhich appear on the label.

(20)      The term"mixture" means seeds consisting of more than one kind or kind andvariety, each present in excess of five per centum (5%) of the whole.

(21)      The term "NorthCarolina seed analysis tag" means the tag designed and prescribed by theCommissioner as the official North Carolina seed analysis tag.

(22)      "Noxious‑weedseeds" shall be divided into two classes:

a.         "Prohibitednoxious‑weed seeds" are the seeds of weeds which, when establishedon the land, are highly destructive and are not controlled in this State bycultural practices commonly used, and shall include any crop seed found to beharmful when fed to poultry or livestock.

b.         "Restrictednoxious‑weed seeds" are the seeds of weeds which are veryobjectionable in fields, lawns and gardens in this State and are difficult tocontrol by cultural practices commonly used.

(23)      The term"official certifying agency" means

a.         An agency authorizedunder the laws of a state, territory, or possession to officially certify seedwhich has standards and procedures approved by the U.S. Secretary ofAgriculture to assure the genetic purity and identity of the seed certified, or

b.         An agency of a foreigncountry determined by the U.S. Secretary of Agriculture to adhere to proceduresand standards for seed certification comparable to those adhered to generallyby seed certifying agencies under a.

(24)      The term"origin" means the state, District of Columbia, Puerto Rico,possession of the United States or the foreign country where the seed wasgrown.

(25)      The term "othercrop seeds" means seeds of kinds or varieties of agricultural or vegetablecrops other than those shown on the label as the primary kind or kind andvariety.

(26)      The term"person" shall include any individual, partnership, corporation,company, society or association.

(27)      Repealed by SessionLaws 2009‑455, s. 2, effective October 1, 2009.

(28)      The term "pureseed" means agricultural or vegetable seeds, exclusive of inert matter,weed seeds and all other seeds distinguishable from the kind or kind andvariety being considered when examined according to procedures prescribed byrules and regulations promulgated pursuant to the provisions of this Article.

(29)      The term"purity" means the name or names of the kind, type or variety and thepercentage or percentages thereof, the percentage of other crop seed; thepercentage of weed seeds, including noxious‑weed seeds; the percentage ofinert matter; and the name and rate of occurrence of each noxious‑weedseed.

(30)      The terms"recognized variety name" and "recognized hybriddesignation" mean the name or designation which was first assigned thevariety or hybrid by the person who developed it or the person who firstintroduced it for production or sale after legal acquisition. Such terms shallbe used only to designate the varieties or hybrids to which they were firstassigned.

(31)      Repealed by SessionLaws 2009‑455, s. 2, effective October 1, 2009.

(32)      The term "seedoffered for sale" means any seed or grain, whether in bags, packets, binsor other containers, exposed in salesrooms, storerooms, warehouses or otherplaces where seed is sold or delivered for seeding purposes, and shall be subjectto the provisions of the seed law, unless clearly labeled "not for sale asseed."

(33)      The term"seizure" means a legal process carried out by court order against adefinite amount of seed.

(34)      The term "stop‑sale"means an administrative order provided by law restraining the sale, use,disposition and movement of a definite amount of seed.

(35)      The term"treated" means given an application of a substance or subjected to aprocess designed to reduce, control or repel disease organisms, insects orother pests which attack seeds or seedlings growing therefrom, or to improvethe planting value of the seed.

(36)      The term"variety" means a subdivision of a kind characterized by growth,plant, fruit, seed or other constant characteristics by which it can be differentiatedin successive generations from other sorts of the same kind; for example, KnoxWheat, Kobe Striate Lespedeza, Ranger Alfalfa, Kentucky 31 Tall Fescue.

(37)      The term"vegetable seeds" shall include the seeds of those crops which aregrown in gardens or on truck farms and are generally known and sold under thename of vegetable seed in this State.

(38)      The term "weedseeds" means the seeds, bulblets or tubers of all plants generallyrecognized as weeds within this State or which may be classified as weed seedby regulations promulgated under this Article.

(39)      The term"wholesaler" shall mean a dealer engaged in the business of sellingseed to retailers or jobbers as well as to consumers.

(40),     (41) Repealed bySession Laws 1998, c. 210, s. 1.  (1941, c. 114, s. 3; 1943, c. 203, s. 1; 1945, c.828; 1949, c. 725; 1953, c. 856, ss. 1‑3; 1963, c. 1182; 1971, c. 637, s.1; 1987 (Reg. Sess., 1988), c. 1034, ss. 2‑4; 1998‑210, s. 1; 2009‑455,s. 2.)