NY Agric & Mkts L § 136 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 9 - Inspection and Sale of Seeds 136 - Definitions.

§ 136. Definitions. As used in this article unless otherwise expressly   stated, or unless the context or subject matter otherwise requires:1.  The  term  "person"  shall  include  any  individual, partnership,   corporation, company, society, or association.2. The term  "seed"  means  botanical  structures  used  for  planting   purposes  and  commonly  referred  to  as "seed" within this state. This   includes potato  tubers  when  such  tubers  are  represented  as  being   suitable for planting purposes.3.  The  terms "agricultural seeds" and "crop seeds" include the seeds   of grass, forage,  cereal,  field  beans,  and  fiber  crops,  including   "industrial  hemp"  as  defined  in  section  five  hundred five of this   chapter, or any other kinds of seeds  commonly  recognized  within  this   state as agricultural seeds, lawn seeds, and mixtures of such seeds.4. The term "vegetable seeds" includes 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 in this state.5.  The  term "flower seeds" includes 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 in this state.6.  The  term  "tree  and  shrub seeds" includes seeds of woody plants   commonly known and sold as tree or shrub seeds in this state.7. The term "noxious weed seeds" are those noxious  weed  seeds  which   are objectionable in agriculture crops, lawns, and gardens of this state   and which can be controlled by good agricultural practices or the use of   herbicides.  Noxious  weeds  and  the  number of such noxious weed seeds   allowable per pound of seed shall be established in  regulation  by  the   commissioner   in   consultation  with  experts  in  seed  certification   including, but not limited to, programs at the  college  of  agriculture   and life sciences at Cornell university.8.  The  term  "labeling" refers to statements written or imprinted on   the seed container itself or on a tag or label securely attached  to  it   as specified in the label requirements of this law.9.  The  term  "advertising" means all representations, other than the   required label statements made in any manner or by any means relating to   seed within the scope of this act.10. The term "stop-sale" means an  administrative  order  provided  by   law,  restraining the sale, use, disposition, and movement of a definite   amount of seed.11. The term "seizure" means a legal  process  carried  out  by  court   order against a definite amount of seed.12.  The  term  "kind" means one or more related species or subspecies   which singly or collectively is known by one common name,  for  example,   corn, oats, alfalfa, and timothy.13.  The term "variety" means a subdivision of a kind characterized by   growth, yield, disease resistance, plant, flower, fruit, seed  or  other   characteristics   by  which  it  may  be  differentiated  under  certain   conditions from other plants of the same kind.14. The term  "lot"  means  a  definite  quantity  of  seed  which  is   identified  by a lot number or other mark, and which has been so handled   that each portion or container is representative of the whole quantity.15. The term "hybrid" means the first generation of a  cross  produced   under  controlled  pollination. The parents must be sufficiently uniform   to  permit  repeated  production  of  the  hybrid  without   change   in   performance. Hybrid designations shall be treated as variety names.16.  "Pure seed" means agricultural, vegetable, flower, tree, or shrub   seeds exclusive of  inert  matter,  weed  seeds,  and  all  other  seeds   distinguishable from the kinds, or kinds and varieties being considered. 17.  The  term  "percentage  of  germination"  means the percentage of   seeds, other than hard seeds, which  are  capable  of  producing  normal   seedlings under favorable conditions.18.  The  term "percentage of hard seed" means the percentage of seeds   which are incapable of sprouting promptly because their outer structures   are impermeable to water.19. The term "treated" means that the seed has received  an  effective   application  of  an  approved substance or method designed to control or   repel plant disease organisms, insects, or other pests; or has  received   some other treatment to improve its planting value.20. "Certified", "registered", "foundation", "phyto-inspected", or any   other  terms  conveying  similar  meaning, when referring to seed, means   seed which has been produced or collected,  processed,  and  labeled  in   accordance  with  the  procedures  and  in compliance with the rules and   regulations  of  an  officially  recognized  certification   agency   or   agencies.21.  "Officially  recognized"  means  recognized and designated by the   laws or regulations of any state, the United  States,  any  province  of   Canada, or the government of any foreign country wherein said seeds were   produced,  except  that  if  said  seeds are produced in New York state,   section one hundred forty-one shall govern.22. "Mulch" means a protective  covering  of  any  suitable  substance   placed  with  seed  which  acts to retain sufficient moisture to support   seed germination and sustain  early  seedling  growth  and  aid  in  the   prevention  of  the  evaporation of soil moisture, the control of weeds,   and the prevention of erosion.23. "Mixture," "mix," or "mixed" means seed consisting  of  more  than   one kind, each in excess of five percent by weight of the whole.