Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.14-001 - Regulations on the Sale of Planting Seed in Arkansas

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
DEFINITIONS
When used in these regulations;
A. The term
"person"
includes any individual, partnership,
			 corporation, company, society, or association.
B. The term
"agricultural
seed"
includes
			 the seeds of grass, forage, cereal, and fiber crops and any other kinds of
			 seeds commonly recognized within this state as agricultural seeds and mixtures
			 of such seeds.
C. The term
"kind"
means one or more related species or
			 sub-species which singly or collectively is known by one common name, for
			 example, corn, wheat, alfalfa, and tall fescue.
D. The term
"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.
E. The term
"lot"
means 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.
F. The term
"hybrid
seed
corn"
as
			 applied to field corn, means the first generation seed of a cross made under
			 controlled conditions between different strains and involving two or more
			 inbred lines of corn. For purposes of labeling, the number or other
			 designations of hybrid corn shall be used as a variety name.
G. The term
"hybrid
sorghum"
means
			 the first generation hybrid produced by controlling the pollination between a
			 male sterile line and a pollen restoring line.
"Controlling the
			 pollination"
means to use a method of hybridization which will
			 produce pure seed of hybrid grain sorghum which is at least 95 percent hybrid
			 seed.
H. The term
"certified
seed"
,
"registered
seed",
and
"foundation
seed"
mean
			 seed that has been produced and labeled in accordance with the procedures and
			 in compliance with the rules and regulations of an officially recognized seed
			 certifying agency or association.
I. The term
"weed
seed"
includes
			 the seeds, or structures normally considered as seeds of all plants generally
			 recognized as weeds within this state and includes noxious weed
			 seeds.
J. The term
"labeling"
includes all labels and other written,
			 printed or graphic representations, in any manner whatsoever, accompanying and
			 pertaining to any seed whether bulk, or in containers, and includes
			 representations on invoices.
K. The
			 term
"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 these regulations.
L. The term
"record"
includes all information relating to lot,
			 identification, source, origin, variety, amount, processing, testing, labeling,
			 and invoices with a lot number.
M.
			 The term
"stop-sale"
means an administrative order
			 restraining the sale, use, disposition, and movement of a definite amount of
			 seed.
N. The term
"treated
seed"
means
			 seed that has been treated with a substance designed to control or repel plant
			 disease organisms, insects, or other pests attacking such seed or plants
			 therefrom, or will otherwise improve the planting value of the seed.
EXCEPTION:
Fumigants or grain protectants that
				leave no residues toxic to warmblooded animals (Synergized pyrethins) are not
				covered by these regulations.
O. The term
"registered
seed
technologist"
as
			 applied in these regulations, means a seed technologist who has attained
			 registered membership in the Society of Commercial Seed Technologists through
			 qualifying tests and experiences as required by this society.
P. The term
"brand"
as used in
			 these regulations, means a word, mark or picture representing a trademark or a
			 term taken from a trademark, which indicates the owner, originator, or labeler
			 of the seed and does not indicate the genetic identity of the
			 seed.