Terms Used In South Carolina Code > Title 46 > Chapter 21 - Seeds; Plants; Seed and Plant Certification

• Advertisement: means all representations, other than those on the label, relating to seed within the scope of this chapter. See South Carolina Code 46-21-15
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural seed: means grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this State as agriculture seeds, lawn seeds, and combinations of these seeds and may include noxious weed seeds when the Commissioner determines that the seed is being used as agricultural seed. See South Carolina Code 46-21-15
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the South Carolina Board of Occupational Therapy. See South Carolina Code 40-36-20
• Bulk: means a volume of seed in a container larger than a typical individual packing unit for that kind, such as bulk bags and boxes, bins, trucks, railcars, or barges. See South Carolina Code 46-21-15
• Certifying agency: means :
  
  (a) an agency authorized under the laws of a state, territory or possession to officially certify seed and which has standards and procedures approved by the U. See South Carolina Code 46-21-15
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditioning: means drying, cleaning, scarifying, and other operations which could change the purity or germination of the seed and require the seed lot to be retested to determine the label information. See South Carolina Code 46-21-15
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of test: means the month and year the percentage of germination appearing on the label was obtained by laboratory test. See South Carolina Code 46-21-15
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Distinct: means the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge. See South Carolina Code 46-21-15
• Dormant: means viable seed, excluding hard seed, which fail to germinate when provided the specified germination conditions for the kind of seed in question. See South Carolina Code 46-21-15
• encrusted seed: means seed that has been covered, by at least one layer of material that obscures the original shape and size of the seed resulting in a substantial weight increase. See South Carolina Code 46-21-15
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• 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 or wildflower seeds in this State. See South Carolina Code 46-21-15
• foundation seed: means seed that has been produced and labeled in accordance with the procedures and in compliance with the regulations of an agency authorized by the laws of this State or the laws of another state. See South Carolina Code 46-21-15
• Germination: means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, or indicative of the ability to produce a normal plant under favorable conditions. See South Carolina Code 46-21-15
• Hard seeds: means seeds which remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat. See South Carolina Code 46-21-15
• Hybrid: means the first generation seed of a cross produced by controlling the pollination and by combining:
  
  (a) two or more inbred lines;
  
  (b) one inbred or a single cross with an open pollinated variety; or
  
  (c) two varieties or species, except open-pollinated varieties of corn (Zea mays). See South Carolina Code 46-21-15
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Inert matter: means all matter not seed, which includes broken seed, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by regulation. See South Carolina Code 46-21-15
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisprudence: The study of law and the structure of the legal system.
• Kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy. See South Carolina Code 46-21-15
• Labeling: means a tag or other device attached to or written, stamped, or printed on a container or accompanying a lot of bulk seed purporting to set forth the information required on the seed label by this act, and it may include other information relating to the labeled seed. See South Carolina Code 46-21-15
• Lawn and turf: means seeds of the grass family (Poaceae) that are used within the industry for lawn and turf applications. See South Carolina Code 46-21-15
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lot: means a definite quantity of seed identified by a unique lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See South Carolina Code 46-21-15
• mixture: means seed consisting of more than one kind, each in excess of five percent by weight of the whole. See South Carolina Code 46-21-15
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: A promise to tell the truth.
• Occupational therapist: means a person licensed to practice occupational therapy. See South Carolina Code 40-36-20
• Occupational therapy: means the functional evaluation and treatment of individuals whose ability to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability. See South Carolina Code 40-36-20
• Occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. See South Carolina Code 40-36-20
• Origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See South Carolina Code 46-21-15
• Other crop seed: means seeds of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by regulation. See South Carolina Code 46-21-15
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See South Carolina Code 46-21-15
• plant: includes seedlings, nursery stock, roots, tubers, bulbs, cuttings, and other plant parts used in the propagation of field crops, vegetables, fruits, flowers, or other plants. See South Carolina Code 46-21-665
• Private hearing: means a discussion of facts between the person charged and the enforcement officer. See South Carolina Code 46-21-15
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prohibited noxious weed seeds: means those seeds that are prohibited from being present in agricultural, vegetable, or flower seed and are the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. See South Carolina Code 46-21-15
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Pure seed: means seed exclusive of inert matter and all other seeds not of the seed being considered as determined by methods defined by regulation. See South Carolina Code 46-21-15
• Restricted noxious weed seeds: means those weed seeds that are objectionable in agricultural crops, lawns, and gardens of this State and may be controlled by good cultural practices or the use of herbicides. See South Carolina Code 46-21-15
• seed: as used in this article refers to the true seeds of all field crops, vegetables, flowers, or other plants. See South Carolina Code 46-21-665
• Seizure: means a legal process carried out by court order against a definite amount of seed. See South Carolina Code 46-21-15
• Stable: means the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties. See South Carolina Code 46-21-15
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Stop sale: means an administrative order provided by law restraining the sale, use, disposition, and movement of a definite amount of seed. See South Carolina Code 46-21-15
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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. See South Carolina Code 46-21-15
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See South Carolina Code 46-21-15
• Uniform: means that the variations in essential and distinctive characteristics are describable. See South Carolina Code 46-21-15
• Variety: means a subdivision of a kind which is distinct, uniform, and stable. See South Carolina Code 46-21-15
• variety: means its original meaning and includes strains of varieties which are sufficiently different from the parent variety to justify special designation. See South Carolina Code 46-21-665
• Vegetable seeds: means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this State. See South Carolina Code 46-21-15
• Weed seed: means the seeds of all plants generally recognized as weeds within this State, as determined by methods defined by regulation, and includes the prohibited and restricted noxious weed seeds. See South Carolina Code 46-21-15