Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 20 - Seed Labeling And Sale › Section ATCP 20.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Agricultural seed" means any kind or
				mixture of kinds of plant seed, other than tree or shrub seed, which is sold,
				offered for sale, or displayed or distributed for sale for sowing purposes.
				"Agricultural seed" includes crop seed, vegetable seed, lawn or turf seed,
				flower seed and native species seed.
(2) "Area of origin" means the area from
				which seed was harvested for sale or distribution.
(3) "Coated seed" means agricultural seed
				that is covered with any substance that changes the size, shape or weight of
				the seed.
(4) "Combination seed and
				non-seed product" means a product, other than treated seed, inoculated seed or
				coated seed, that contains agricultural seed in combination with mulch, growth
				media, fertilizer or other materials that are directly or implicitly purported
				to enhance the germination, erosion resistance, ease of application or other
				performance characteristics of the agricultural seed.
(5) "Container" means any package, packet,
				bag or other receptacle in which agricultural seed is sold, offered for sale,
				or displayed or distributed for sale.
(6) "Department" means the Wisconsin
				department of agriculture, trade and consumer protection.
(7) "Dormant seed" means viable agricultural
				seed, other than hard seed, which fails to germinate in a germination analysis
				conducted according to this chapter.
(8) "Dormant seed percentage" means, for a
				particular kind or variety of agricultural seed, the percentage of seeds in a
				container or lot that are dormant seeds, as estimated by a germination analysis
				conducted according to this chapter.
(9) "Flower seed" means seed of herbaceous
				plants grown for their blooms, ornamental foliage, or other ornamental parts
				and commonly known and sold under the name of flower seed in this state.
				"Flower seed" does not include native species seed that is labeled as native
				species seed.
(10) "Germination"
				means the emergence and development from the seed embryo of those essential
				structures which, for the kind of seed, are indicative of the ability to
				produce a normal plant under favorable conditions.
(11) "Germination percentage" means, for a
				particular kind or variety of agricultural seed, the percentage of seeds in a
				container or lot that germinate under favorable germination conditions, as
				estimated by a germination analysis under this chapter.
(12) "Hard seed" means agricultural seed that
				would remain hard throughout a germination analysis conducted according to this
				chapter because the seed would not absorb water due to an impermeable seed
				coat.
(13) "Hard seed percentage"
				means, for a particular kind or variety of agricultural seed, the percentage of
				seeds in a container or lot that are hard seeds, as estimated by a germination
				analysis conducted according to this chapter.
(14) "Hybrid seed" means the first generation
				seed of a cross produced by controlling the pollination and by combining two or
				more inbred lines, one inbred or a single cross with an open pollinated variety
				or two varieties or species, except open-pollinated varieties of
zea
				mays
(corn). "Hybrid seed" does not include the second or subsequent
				generation of seed produced from a cross described in this subsection.
Note:
A hybrid version of a named seed variety
				  is considered a separate seed variety.
(15) "Indigenous" species means a species
				that is indigenous to the state of Wisconsin, as determined by the Wisconsin
				department of natural resources in Wisconsin department of natural resources
				technical bulletin number 192,
Checklist of Vascular Plants of
				Wisconsin (2001)
.
Note:
Copies of the DNR technical bulletin
				  number 192,
Checklist of Vascular Plants of Wisconsin (2001)
,
				  can be obtained at
http://digital.library.wisc.edu/1711.dl/EcoNatRes.DNRBull192
or by contacting the Wisconsin department of agriculture, trade and consumer
				  protection (seed program) at P.O. Box 8911, Madison, WI 53708-8911, (608)
				  224-4500 or
https://datcp.wi.gov/Pages/Homepage.aspx
.
(16) "Inert matter" means all
				matter that is not intact seed. "Inert matter" includes broken seeds, sterile
				florets, chaff, fungus bodies and stones.
(17) "Inoculated seed" means legume seed that
				has received an application of a bacteria culture that will effectively
				inoculate the legume to produce root nodulation, plant growth and nitrogen
				accumulation.
(18) "Kind" means
				seed of a particular plant species or subspecies, or 2 or more related plant
				species or sub-species, which are singly or collectively known by one common
				name such as corn, oats, alfalfa or timothy. "Kind" includes an indigenous
				species or subspecies.
(19) "Lawn
				or turf seed" means the seed of grasses, clovers or other agricultural seeds or
				seed mixtures that are commonly used or sold for seeding lawns, parks or turf
				areas in this state. "Lawn or turf seed" does not include native species seed
				that is labeled as native species seed.
(20) "Lot" means a specific bulk quantity of
				agricultural seed, or a specific aggregation of agricultural seed containers,
				whose seed contents are uniform throughout.
(21) "Lot code" means a number or mark that
				uniquely identifies a lot.
(22)
				"Mixture" means agricultural seed consisting of more than one kind or variety,
				where each kind or declared variety represents more than 5 percent by weight of
				the whole mixture.
(23) "Native
				species seed" means agricultural seed derived from indigenous herbaceous
				species.
(24) "Noxious weed seeds"
				include prohibited noxious weed seeds and restricted noxious weed
				seeds.
(25) "Person" means an
				individual, corporation, partnership, limited liability company, trust or other
				legal entity.
(26) "Pesticide" has
				the meaning given in s.
				94.67(25),
				Stats.
(27) "Prohibited noxious
				weed seeds" means the seeds of weeds that are highly destructive and difficult
				to control by good cultural practices and use of herbicides. "Prohibited
				noxious weed seeds" includes:
amaranthus palmeri
(Palmer
				amaranth),
amaranthus tuberculatus
(waterhemp),
convolvulus arvensis
(field bindweed),
euphorbia
				esula
(leafy spurge),
cirsium arvense
(Canada
				thistle),
panicum miliaceum
(wild proso millet),
eriochloa villosa
(woolly cupgrass),
pueraria montana
				var. lobate
(kudzu),
polygonum perfoliatum
(mile-a-minute weed),
centaurea picris
(Russian knapweed), and
centaurea maculos
(spotted knapweed).
(28) "Pure live seed percentage" means, for a
				particular kind or variety of native species seed, the sum of the following
				multiplied by the pure seed percentage:
(a)
				The germination percentage.
(b) The
				hard seed percentage or dormant seed percentage, as appropriate based on the
				applicable seed evaluation method in this chapter.