Mass. Gen. Laws ch. 128, sec. 84 — MA Code / Part I / Title XIX / Chapter 128 / Section 84
Definitions applicable to Secs. 84 to 101
Status: in_force

Section 84. The following words, as used in sections eighty-four to one hundred and one, inclusive, unless the context otherwise requires, shall have the following meanings:— ''Advertisement'', all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of said sections eighty-four to one hundred and one, inclusive. ''Agricultural seeds'', seeds of grass, forage, cereal, mangel beets, and fiber crops and any other kinds of seeds commonly recognized as agricultural, lawn or field seeds, and mixtures of such seeds, including seed potatoes. ''Certified'', ''Registered'', ''Foundation'', or any other terms conveying similar meaning when referring to seed, seed which has been produced, processed and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized certification agency. ''Director'', the director of the Massachusetts agricultural experiment station. ''Flower seeds'', seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts and commonly known and sold under the name of flower seeds. ''Hybrid'', the first generation seed of a cross produced under controlled pollination, the parents of which are each sufficiently uniform to permit repeated production of the hybrid without change in performance. ''Kind'', one or more related species or subspecies which, singly or collectively, is known by one common name, for example, corn, oats, alfalfa or timothy. ''Labeling'', all labels including invoices, or other written, printed or graphic representations, in any form, accompanying and pertaining to any seed whether in bulk or in containers. ''Lot'', a definite quantity of seed which is identified by the same lot number or other mark, each portion or container of which is representative of the whole quantity. ''Noxious-weed seeds'', shall include ''Prohibited noxious-weed seeds'' and ''Restricted noxious-weed seeds'', as hereinafter defined; provided that the commissioner may add to or subtract from the list of seeds included under either definition whenever he finds, after public hearing, that such addition or subtractions are or are not within the respective definitions. ''Officially recognized'', recognized and designated by the laws or regulations of the United States or any state, any province of Canada, or the government of any foreign country in which said seeds were produced. ''Prohibited noxious-weed seeds'', seeds or perennial weeds which not only reproduce by seed, but also spread by underground roots or stems and other reproductive parts and which, when established, are highly destructive and difficult to control by ordinary good cultural practice, including the seed of Canada thistle (Cirsium arvense), field bindweed (Convolvulus arvensis), and quack grass (Agropyron repens). ''Restricted noxious-weed seeds'', seeds of such weeds as are very objectionable in fields, lawns or gardens, but which can be controlled by good cultural practice; including the seeds of dodder (Cuscuta spp.), horsenettle (Solanum carolinense), wild mustards (Brassica spp.), limited to India mustard (B. juncea), charlock or wild mustard B. Kaber (B. arvensis), and black mustard (B. nigra), wild garlic and wild onion (Allium spp.), perennial sowthistle (Sonchus arvensis), corncockle (Agrostemma githago), buckhorn plantain (Plantago lanceolata), wild radish (Raphanus raphanistrum), bedstraw (Galium spp.) and annual bluegrass (Poa annua). ''Seed potatoes'', Irish potato and parts thereof grown for propagation purposes. ''Seizure'', a legal process carried out by court order against a definite amount of seed. ''Stop sale'', an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed. ''Treated'', seed that has received an effective process or application of a substance designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing therefrom, or for which a claim is made. ''Tree and shrub seeds'', seeds of woody plants commonly known and sold as tree or shrub seeds. ''Variety (Cultivar)'', a subdivision of a kind characterized by growth, yield, disease resistance, plant, flower, fruit, seed or other characteristics by which it can be differentiated under certain conditions from other plants of the same kind, including hybrid designations. ''Type'', a group of varieties (cultivars) so nearly similar that the individual varieties (cultivars) can not be clearly differentiated except under special conditions. ''Vegetable seeds'', seeds of those food crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds. ''Weed seeds'', the seeds of all plants generally recognized as weeds, including noxious-weed seeds. The terms ''pure seed'', ''germination'', and other seed labeling and testing terms in common usage shall be defined as in the ''Rules for Testing Seeds'' published by the Association of Official Seed Analysts, effective October first, nineteen hundred and seventy, and as subsequently amended.

Section 84. The following words, as used in sections eighty-four to one hundred and one, inclusive, unless the context otherwise requires, shall have the following meanings:—

''Advertisement'', all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of said sections eighty-four to one hundred and one, inclusive.

''Agricultural seeds'', seeds of grass, forage, cereal, mangel beets, and fiber crops and any other kinds of seeds commonly recognized as agricultural, lawn or field seeds, and mixtures of such seeds, including seed potatoes.

''Certified'', ''Registered'', ''Foundation'', or any other terms conveying similar meaning when referring to seed, seed which has been produced, processed and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized certification agency.

''Director'', the director of the Massachusetts agricultural experiment station.

''Flower seeds'', seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts and commonly known and sold under the name of flower seeds.

''Hybrid'', the first generation seed of a cross produced under controlled pollination, the parents of which are each sufficiently uniform to permit repeated production of the hybrid without change in performance.

''Kind'', one or more related species or subspecies which, singly or collectively, is known by one common name, for example, corn, oats, alfalfa or timothy.

''Labeling'', all labels including invoices, or other written, printed or graphic representations, in any form, accompanying and pertaining to any seed whether in bulk or in containers.

''Lot'', a definite quantity of seed which is identified by the same lot number or other mark, each portion or container of which is representative of the whole quantity.

''Noxious-weed seeds'', shall include ''Prohibited noxious-weed seeds'' and ''Restricted noxious-weed seeds'', as hereinafter defined; provided that the commissioner may add to or subtract from the list of seeds included under either definition whenever he finds, after public hearing, that such addition or subtractions are or are not within the respective definitions.

''Officially recognized'', recognized and designated by the laws or regulations of the United States or any state, any province of Canada, or the government of any foreign country in which said seeds were produced.

''Prohibited noxious-weed seeds'', seeds or perennial weeds which not only reproduce by seed, but also spread by underground roots or stems and other reproductive parts and which, when established, are highly destructive and difficult to control by ordinary good cultural practice, including the seed of Canada thistle (Cirsium arvense), field bindweed (Convolvulus arvensis), and quack grass (Agropyron repens).

''Restricted noxious-weed seeds'', seeds of such weeds as are very objectionable in fields, lawns or gardens, but which can be controlled by good cultural practice; including the seeds of dodder (Cuscuta spp.), horsenettle (Solanum carolinense), wild mustards (Brassica spp.), limited to India mustard (B. juncea), charlock or wild mustard B. Kaber (B. arvensis), and black mustard (B. nigra), wild garlic and wild onion (Allium spp.), perennial sowthistle (Sonchus arvensis), corncockle (Agrostemma githago), buckhorn plantain (Plantago lanceolata), wild radish (Raphanus raphanistrum), bedstraw (Galium spp.) and annual bluegrass (Poa annua).

''Seed potatoes'', Irish potato and parts thereof grown for propagation purposes.

''Seizure'', a legal process carried out by court order against a definite amount of seed.

''Stop sale'', an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed.

''Treated'', seed that has received an effective process or application of a substance designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing therefrom, or for which a claim is made.

''Tree and shrub seeds'', seeds of woody plants commonly known and sold as tree or shrub seeds.

''Variety (Cultivar)'', a subdivision of a kind characterized by growth, yield, disease resistance, plant, flower, fruit, seed or other characteristics by which it can be differentiated under certain conditions from other plants of the same kind, including hybrid designations.

''Type'', a group of varieties (cultivars) so nearly similar that the individual varieties (cultivars) can not be clearly differentiated except under special conditions.

''Vegetable seeds'', seeds of those food crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds.

''Weed seeds'', the seeds of all plants generally recognized as weeds, including noxious-weed seeds.

The terms ''pure seed'', ''germination'', and other seed labeling and testing terms in common usage shall be defined as in the ''Rules for Testing Seeds'' published by the Association of Official Seed Analysts, effective October first, nineteen hundred and seventy, and as subsequently amended.