As used in this chapter:

(1) “Advertisement” means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed under this chapter that is offered for sale or distribution.

(2) “Agricultural seed” includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this State as agricultural seeds, lawn seeds, and mixes of these seeds, and may include noxious weed seeds when the Department determines that noxious weed seed is being used as agricultural seed.

(3) “Certified seed,” “registered seed”, or “foundation seed” means seed that has been produced and labeled in accordance with the procedures and in compliance with the requirements of a certifying agency.

(4) “Certifying agency” means either of the following:

a. An agency authorized under the laws of a state, territory, or possession to officially certify seed.

b. An agency of a foreign country determined by the U.S. Department of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (4)a. of this section.

(5) “Department” means the Department of Agriculture.

(6) “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.

(7) “Germination” means the percentage of seeds capable of producing normal seedlings under ordinarily, favorable conditions, not including seeds which produce weak, malformed, or obviously abnormal sprouts.

(8) “Hard seed” means the percentage of seeds which, because of hardness or impermeability, do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned.

(9) a. “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by combining any of the following:

1. Two or more inbred lines.

2. One inbred or a single cross with an open pollinated variety.

3. Two varieties or species, except open pollinated varieties of corn (Zea mays).

b. The second or subsequent generation of a seed under paragraph (9)a. of this section is not a “hybrid.”

c. Hybrid designations are treated as variety means.

(10) “Kind” means 1 or more related species or subspecies that singly or collectively is known by 1 common name, such as corn, oats, alfalfa, and timothy.

(11) “Labeling” means all labels, in any form, including written, printed, or graphic representations, that accompany or pertain to any seed, whether in bulk, in containers, or as representations on invoices.

(12) “List by predominance” means as defined in the rules and regulations promulgated under this chapter.

(13) “Lot” means a definite quantity of seed identified by a lot number or other mark, in which every portion or bag is uniform within recognized tolerances for the factors in the labeling.

(14) “Noxious weed seeds” are seeds in the classes, “prohibited noxious weed seeds” and “restricted noxious weed seeds” as defined in this section.

(15) “Origin” means the state or foreign country, or the designated portion of a state or foreign country, where the seed was grown.

(16) “Person” includes any individual, partnership, corporation, company, society, or association.

(17) a. “Prohibited noxious weed seeds” are the seeds of perennial weeds to which all of the following apply:

1. Reproduce by seed.

2. Spread underground roots, stems, and other reproductive parts.

3. When well established, are highly destructive and difficult to control in this State by ordinary good cultural practice.

b. “Prohibited noxious weed seeds” are the seeds of all of the following:

1. Canada thistle (Cirsium arvense (L.) Scop. var. arvense).

2. Quackgrass (Elymus repens (L.) Gould subsp. repens).

3. Sorghum specie, Johnsongrass, perennial sweet sudangrass, sorghum almum and hybrids derived therefrom.

4. Seeds or bulblets that the Department from time to time designates, in the public interest, as prohibited noxious seeds.

(18) “Pure seed” means seed exclusive of inert matter and other seeds, as determined by methods under regulations promulgated under this chapter.

(19) “Record” includes all information relating to a shipment and a file sample of each lot of seed. For tree and shrub seed, the record includes all documents supporting the statement of origin and elevation of the seed.

(20) a. “Restricted noxious weed seeds” are the seeds of weeds to which all of the following apply:

1. Very objectionable in fields, lawns, and gardens of this State.

2. Can be controlled by good cultural practices.

b. “Restricted noxious weed seeds” are the seeds of all of the following:

1. Dodder (Cuscuta campestris Yunck.).

2. Bindweed (Convolvulus arvensis).

3. Wild garlic, wild onion (Allium spp.).

4. Corn cockle (Agrostemma githago).

5. Horsenettle (Solanum carolinense).

6. Cheat, chess (Bromus secalinus).

7. Annual bluegrass (Poa annua).

8. Setari Giant foxtail (Setaria faberi R. A. W. Herrm.).

9. Seeds or bulblets that the Department from time to time designates, in the public interest, as restricted noxious seeds.

(21) “Stop sale” means an administrative order restraining the sale, use, disposition, and movement of a definite amount of seed.

(22) “Treated” means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

(23) “Tree and shrub seeds” includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State.

(24) “Tree seed collector’s declaration” is a statement signed by a grower or person having knowledge of the place of collection for a lot of seed that includes all of the following about the tree or shrub seed:

a. Lot number.

b. Common or scientific name of the species, and subspecies, if appropriate.

c. Origin.

d. Elevation.

e. Quantity.

(25) “Type” means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

(26) “Variety” means a subdivision of a kind that is distinct, uniform, and stable, defined as follows:

a. “Distinct” means the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge.

b. “Stable” means the variety will remain unchanged in its essential and distinctive characteristics and remain uniform when reproduced or reconstituted.

c. “Uniform” means the variations in essential and distinctive characteristics are describable.

(27) “Vegetable seeds” includes the seeds of those crops which are grown in gardens or truck farms and are generally known and sold under the name of vegetable seeds in this State.

(28) “Weed seeds” includes the seeds of all plants generally recognized as weeds within this State and includes noxious weed seeds.

36 Del. Laws, c. 91, §§ ?1, 3, 11; Code 1935, §§ ?655, 657, 665; 44 Del. Laws, c. 66, §§ ?1, 2; 3 Del. C. 1953, § ?1501; 52 Del. Laws, c. 70, § ?1; 57 Del. Laws, c. 147, § ?1; 57 Del. Laws, c. 764, § ?6; 65 Del. Laws, c. 104, § ?1; 83 Del. Laws, c. 527, § 1;