Terms Used In South Carolina Code > Title 46 > Chapter 21 > Article 1 - General Provisions

• 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
• 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.
• 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
• 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.
• 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.
• 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
• 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
• 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
• 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
• 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
• 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.
• 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
• 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
• Oath: A promise to tell the truth.
• 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
• 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
• 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
• 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
• 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
• 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
• 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
• 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