Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.06-004 - Circular 10 - 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
"treatedseed"
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.