As used in this chapter, unless the context requires another meaning:

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“Advertisement” means any representation relating to seed within the scope of this article that is not also required labeling.

“Agricultural seed” means seeds of grass, forage, cereal, and fiber crops; any other seed commonly recognized as agricultural seed; and any lawn seed, turf seed, and mixtures thereof (including any noxious-weed seeds that may be present).

“Bag” or “packet” means a container in the form of a sack or pouch.

“Blend” means a mechanical combination of varieties of the same kind that is identified by a blend designation and is always present in the same percentages in each lot so designated.

“Brand” means the name, term, design, or trademark of seed offered for sale.

“Bulk” or “in bulk” means loose seed in bins or other containers, but not bags or packets.

“Certified seed,” “registered seed,” or “foundation seed” means seed produced and labeled in compliance with the procedures and requirements of an official certifying agency of a state, the United States, a province of Canada, or the government of a foreign country where the seed was produced.

“Code designation” means an identification assigned by the U.S. Department of Agriculture.

“Conditioning” means any process of cleaning, scarifying, treating, or blending seed that changes the purity or germination of the seed.

“Controlled conditions” means minimum seed stock standards established by regulation.

“Cool-season lawn and turf seed” means the seed of any lawn and turf grass identified in the section of the most current Recommended Uniform State Seed Law, as established by the Association of American Seed Control Officials, pertaining to label requirements for agricultural, vegetable, and flower seeds.

“Distribute” means to import, consign, produce, mix, blend, condition, sell, offer for sale, barter, warehouse, or supply seeds in the Commonwealth.

“Dormant seed” means viable seed other than hard seed that fails to germinate when provided the specified germination conditions.

“Flower seed” means any seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts; any other seeds commonly recognized as flower seeds; and any seeds designated as flower seeds by regulations.

“Germination” means the percentage, by count, of seeds under consideration capable of producing normal seedlings in a given period of time and under conditions specified by regulations.

“Guarantor” means the person whose name appears on the label.

“Hard seed” means seeds that do not absorb moisture and germinate, thus remaining hard during the period prescribed for germination by regulations.

“Hybrid” means the first generation seed of a cross produced by controlling pollination or using sterile lines and combining: (i) two, three, or four inbred lines; (ii) one inbred line, or a single cross, with an open-pollinated variety; or (iii) two varieties or species, except open-pollinated varieties of corn.

“Inbred line” means a relatively stable and pure breeding strain resulting from: (i) four or more successive generations of controlled self-pollination; or (ii) four successive generations of backcrossing male sterile lines.

“Inert matter” means all matter not seeds and includes broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods prescribed by regulations.

“Kind” means related species or subspecies known by a common name including wheat, oats, hairy vetch, white sweet clover, cabbage, and cauliflower.

“Labeling” means all labels, tags, and any other written, printed, or graphic statements or representations (including representations on invoices) in any form pertaining to any seed.

“Lawn and turf seed” means seeds of grasses commonly recognized and sold for lawns or other areas where turf is grown for beautification or erosion control.

“Lawn or turf seed mixture” means two or more kinds of agricultural seeds that are combined and sold for lawns or other areas where turf is grown for beautification or erosion control.

“Lot” means a definite quantity of seed that is identified by a number or other identification and is uniform throughout for the factors appearing on the label.

“Mixture” means seeds consisting of more than one kind or variety, when claimed or present, in excess of five percent of the whole.

“Name of mixture” means the name or term designating a specific lawn or turf seed mixture.

“Noxious-weed seed” means prohibited noxious-weed seeds and restricted noxious weed seeds.

“Origin” means the state, territory, foreign country, or designated portion thereof, where the seed was grown.

“Prohibited noxious-weed seed” means seeds of weeds that are highly destructive and not controllable by common practices.

“Pure seed” means agricultural or vegetable seed exclusive of inert matter and other seeds distinguishable from the kind, or kind and variety, being considered. Pure seed shall be determined by methods prescribed by regulations.

“Quantity statement” means the net weight (mass), net volume (liquid or dry), count, or other form of measurement of a commodity.

“Recognized variety name” and “recognized hybrid designation” mean the name or designation first assigned to the variety or hybrid by the person who developed and introduced it for production or sale.

“Registrant” means the person registering a lawn or turf seed mixture pursuant to this article.

“Restricted noxious-weed seed” means weed seeds that are very objectionable in fields, lawns, and gardens and are difficult to control by common practices.

“Sale” means the transfer of ownership of seed as evidenced by the exchange of payment or seed, in whole or in part.

“Screenings” means seed, inert matter, and other materials removed from agricultural seed or vegetable seed by cleaning or conditioning.

“Stop sale, use, removal, or seizure order” means an order that prohibits the distributor from selling, relocating, using, or disposing of seed until the Commissioner or the court gives written permission.

“Tolerance” means the allowable deviation from any figure used on a label to designate the percentage of any fraction or rate of occurrence in the lot and is based on the law of normal variation from a mean.

“Transgenetic” means any plant material or seed that has undergone the transfer of a gene from one genera to another.

“Treated” means seed that has received an effective application of: (i) a generally approved substance; (ii) a process designed to control or repel certain disease organisms, insects, or other pests; or (iii) any other treatment to improve its planting value.

“Tree and shrub seed” means seeds of woody plants commonly recognized as trees and shrubs and designated by regulations.

“Turf” means the same as that term is defined in § 3.2-3600.

“Variety” means a subdivision of a kind characterized by growth, plant, fruit, seed, or other characteristics that distinguish it from other plants of the same kind.

“Vegetable seed” means seeds of crops grown in gardens and on truck farms commonly recognized as vegetable seed and designated by regulations.

“Weed seed” means seeds, bulblets, or tubers of plants commonly recognized as weeds, including noxious-weed seeds.

Code 1950, § 3-219.2; 1958, c. 483; 1966, cc. 9, 702, § 3.1-263; 1994, c. 577; 2008, c. 860; 2012, c. 297.