Terms Used In Tennessee Code > Title 43 > Chapter 10 - Agricultural Seeds

• Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this part. See Tennessee Code 43-10-103
• Agricultural seeds: 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 mixture of such seeds, and may include noxious-weed seeds when the commissioner determines that such seed is being used as agricultural seed. See Tennessee Code 43-10-103
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• 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.
• Certifying agency: means an agency authorized to officially certify seed under the laws of a state, territory, possession, or foreign country and that has certification standards for genetic purity and identity that meet those standards established by the Association of Official Seed Certifying Agencies and referenced in its official handbook. See Tennessee Code 43-10-103
• Class of certified seed: means one (1) of four (4) classes of certified seeds:
  (A) Breeder. See Tennessee Code 43-10-103
• Commissioner: means the commissioner of agriculture or the commissioner's designated agent or agents. See Tennessee Code 43-10-103
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditioning: means cleaning, scarifying, treating, or blending to obtain uniform quality, and other operations that would change the purity or germination of the seed and therefore require testing to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed. See Tennessee Code 43-10-103
• 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.
• 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.
• Germination: means the percentages by count of seeds under consideration, determined to be capable of producing normal seedlings in a given period of time and under normal conditions. See Tennessee Code 43-10-103
• Hybrid: means the first-generation seed of a cross produced by controlling the pollination or by use of sterile lines and combining:
  (A) Two (2) or more inbred lines. See Tennessee Code 43-10-103
• In bulk: refers to loose seed in bins, or open containers, and not to seed in bags or packets. See Tennessee Code 43-10-103
• Inert matter: means all matter not seeds, and includes broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed by rules and regulations promulgated pursuant to this part. See Tennessee Code 43-10-103
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inoculant: means a commercial preparation containing nitrogen-fixing bacteria applied to seed. See Tennessee Code 43-10-103
• 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 (1) or more related species or subspecies that singly or collectively are known by one (1) common name. See Tennessee Code 43-10-103
• Labeling: includes all labels and other written, printed or graphic representations in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations of invoices. See Tennessee Code 43-10-103
• Lot: means a definite quantity of seed identified by a lot number or other identification, which shall be uniform within recognized tolerances for the factors that appear in the labeling. See Tennessee Code 43-10-103
• Mixture: means seeds consisting of more than one (1) kind or kind and variety, each present in excess of five percent (5%) of the whole. See Tennessee Code 43-10-103
• Month: means a calendar month. See Tennessee Code 1-3-105
• Origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See Tennessee Code 43-10-103
• Other crop seeds: means seeds of kinds or varieties of agricultural or vegetable crops other than those shown on the label as the primary kind or kind and variety. See Tennessee Code 43-10-103
• 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: includes any individual, partnership, corporation, company, society, association, or legal entity. See Tennessee Code 43-10-103
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Private hearing: consists of a discussion of facts between the person charged and the enforcement officer. See Tennessee Code 43-10-103
• Purity: means the name or names of the kind, type or variety and the percentage of other crop seed. See Tennessee Code 43-10-103
• Screenings: includes seed, inert matter and other materials removed from agricultural or vegetable seed by cleaning or conditioning. See Tennessee Code 43-10-103
• Seed seller: means a person who buys, sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of agricultural or vegetable seeds for seeding purposes, and includes any person who has seed grown under contract for resale for seeding purposes. See Tennessee Code 43-10-103
• Seizure: means a legal process carried out by court order in which the department takes physical possession of a definite amount of seed. See Tennessee Code 43-10-103
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Statute: A law passed by a legislature.
• Treated: means given an application of a substance or subjected to a process designed to reduce, control or repel disease organisms, insects or other pests that attack seeds or seedlings growing therefrom, or to improve the planting value of the seed. See Tennessee Code 43-10-103
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Variety: means a subdivision of a kind that is:
  (A) Distinct, in the sense that the variety clearly differs by one (1) or more identifiable, morphological, physiological or other characteristics, which may include those evidenced by processing or product characteristics. See Tennessee Code 43-10-103
• Vegetable seeds: includes the seeds of those crops that are grown in gardens or truck farms and are generally known and sold under the name of vegetable seed in this state. See Tennessee Code 43-10-103
• Weed seeds: means the seeds, bulblets, or tubers of all plants generally recognized as weeds within this state and includes noxious-weed seeds. See Tennessee Code 43-10-103
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105