Terms Used In Michigan Laws > Chapter 28 > Act 312 of 2020 - Law Enforcement and Firefighter Access to Epinephrine Act

• Advertising: means all representations other than those on the label, disseminated in any manner or by any means, and relating to seed within the scope of this act. See Michigan Laws 286.702
• Advisory committee: means the seed potato advisory committee created in section 6. See Michigan Laws 286.682
• Agricultural seed: means the seed of grass, forage, cereal, fiber, oil plants, and any other seed commonly recognized within this state as agricultural or field seed, lawn seed, or mixtures of those seeds. See Michigan Laws 286.702
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Blend: means seed consisting of more than 1 variety of a kind, each in excess of 5% of the whole. See Michigan Laws 286.702
• Brand: means a word, name, symbol, number, or design used to identify seed of 1 person to distinguish it from the seed of another person. See Michigan Laws 286.702
• Certified seed: means a class of seed that meets the requirements of 1959 PA 221, MCL 286. See Michigan Laws 286.682
• Certifying authority: means the official seed-certifying agency of this state or the authorized seed potato certifying agency of another state, territory, or country. See Michigan Laws 286.682
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditioning: means drying, cleaning, scarifying, and other operations that change the purity or germination of the seed and require the seed lot to be retested to determine the label information. See Michigan Laws 286.702
• Contract: A legal written agreement that becomes binding when signed.
• Controlling the pollination: means a method of hybridization that will produce pure seed that is at least 75% hybrid seed. See Michigan Laws 286.702
• 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.
• Crop seed: means the seed of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by rule promulgated under this act. See Michigan Laws 286.702
• Cultivar: means unique variety. See Michigan Laws 286.682
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of agriculture and rural development. See Michigan Laws 286.682
• Director: means the director of the department. See Michigan Laws 286.682
• Director: means director of the department of agriculture and rural development or his or her authorized representative. See Michigan Laws 286.702
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distribute: means to offer for sale, sell, barter, deliver, supply, furnish, or otherwise provide seed potatoes. See Michigan Laws 286.682
• Dormant seed: means viable seed, excluding hard seed that fail to germinate when provided with the specified germination conditions for the kind of seed in question. See Michigan Laws 286.702
• Eligible entity: means a law enforcement agency or organized fire department that is prescribed auto-injectable epinephrine. See Michigan Laws 28.821
• 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.
• Field year: means the number of years a particular seed lot has been grown in the field after greenhouse propagation. See Michigan Laws 286.682
• Firefighter: means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 28.821
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Flower seed: means the seed of those plants usually grown for their blooms, ornamental foliage, or other ornamental parts and commonly are known and sold under the name of flower seed in this state. See Michigan Laws 286.702
• Forest tree seed: means the seeds of those forest trees that are usually grown in nurseries and forests in this state, and that are listed in the rules promulgated under this act. See Michigan Laws 286.702
• Fund: means the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286. See Michigan Laws 286.682
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hundredweight: means a unit of weight equal to 100 pounds. See Michigan Laws 286.682
• Hybrid: means , as applied to kinds or varieties of seed, the first generation seed of a cross, produced by controlling the pollination and by combining 2 or more inbred lines, or 1 inbred line or a single cross with an open pollinated variety, or 2 selected clones, seed lines, varieties, or species, except open pollinated varieties of corn such as zea mays. See Michigan Laws 286.702
• Inert matter: means broken seed 1/2 or less the original size, seeds of legumes or crucifers with seed coats removed, undeveloped or badly injured weed seed, the empty glumes or attached sterile glumes of grasses, stems, leaves, stones, chaff, soil, insects, fungal bodies, material added in coating or pelleting, and all other matter other than pure seed, weed, or crop seed, as determined by methods defined by rule promulgated under this act. See Michigan Laws 286.702
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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 1 or more related species or subspecies that singly or collectively is known by 1 common name, including, but not limited to, oats, wheat, soybeans, and corn. See Michigan Laws 286.702
• Label: includes all labels, and other written, printed, or graphic representation in any form, accompanying or pertaining to any seed in bulk or in containers and includes representation on invoices, bills, and letterheads. See Michigan Laws 286.702
• Law enforcement agency: means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.821
• Law enforcement officer: means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.821
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lot: means a definite quantity of seed identified by a number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling. See Michigan Laws 286.702
• Mixture: means seed consisting of more than 1 kind, each in excess of 5% of the whole. See Michigan Laws 286.702
• month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
• Organized fire department: means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 28.821
• 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, association, corporation, governmental entity, or other legal entity. See Michigan Laws 286.682
• Person: means any individual, partnership, company, corporation, society, cooperative, union, or association. See Michigan Laws 286.702
• person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Pure seed: means seed exclusive of inert matter and all other seeds not of the seed being considered, as determined by methods defined by rule promulgated under this act. See Michigan Laws 286.702
• Records: means all label information and the source of this information required by this act for the seed being considered, and all information relating to the shipment or shipments involved with seed, such as invoices, vouchers, freight bills, and other records. See Michigan Laws 286.702
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Representative sample: means a sample taken from a seed lot that is of sufficient size to supply an adequate amount of seed for laboratory testing and that is secured and submitted according to the guidelines approved by the director. See Michigan Laws 286.702
• Restricted noxious weed seed: means the seeds of the plants that are objectionable in the fields, lawns, and gardens of this state but can be controlled by ordinary good cultural practices, and that are listed in the rules promulgated under this act. See Michigan Laws 286.702
• Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 286.682
• Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 286.702
• Seed lot: means all the seed potatoes of the same variety that are of a single class and specific seed source and are harvested from a field or stored together in a specific storage facility. See Michigan Laws 286.682
• Seed potato: means the tuber that is used for the reproduction of the potato. See Michigan Laws 286.682
• Seizure: means a legal process carried out by a court order against a definite amount of seed. See Michigan Laws 286.702
• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
• State national harmonization program: means the state national harmonization program for seed potatoes developed by the plant protection and quarantine program of the Animal and Plant Health Inspection Service in the United States Department of Agriculture. See Michigan Laws 286.682
• Statute: A law passed by a legislature.
• Stop sale: means an administrative order restraining the sale, disposition, and movement of a definite amount of seed. See Michigan Laws 286.702
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tolerance: means the allowable deviation from any percentage claim used on a label and is based on the law of normal variation from a mean. See Michigan Laws 286.702
• Treated: means that the seed has received an effective application of substance or method designed to reduce, control, or repel certain disease organisms, fungi, insects, or other pests attacking the seed or seedlings or has received some other treatment to improve its planting value. See Michigan Laws 286.702
• 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 individual varieties cannot be clearly differentiated except under special conditions. See Michigan Laws 286.702
• United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
• Variety: means a subdivision of a kind that is distinct, uniform, and stable; distinct in the sense that the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that variations in essential and distinctive characteristics are describable, and stable in the sense that 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; for example, heritage oats, augusta wheat, corsoy soybeans. See Michigan Laws 286.702
• Vegetable seed: means the seed of those crops that are grown in gardens or on truck farms and that generally are known and sold under the name of vegetable or herb seed in this state. See Michigan Laws 286.702
• Vendor: means a person engaged in the selling of seed. See Michigan Laws 286.702
• Weed seed: means the seeds of all plants generally recognized as weeds within the state, as determined by methods defined by rule promulgated under this act, and includes prohibited and restricted noxious weed seeds. See Michigan Laws 286.702