Terms Used In Utah Code > Title 4 > Chapter 37 > Part 5 - Health Approval

• Advertisement: means any representation made relative to seeds, plants, bulbs, or ground stock other than those on the label of a seed container, disseminated in any manner. See Utah Code 4-16-102
• Agricultural seed: includes :
       (2)(a) grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed;
       (2)(b) lawn seed;
       (2)(c) combinations of the seed described in Subsections (2)(a) and (2)(b); and
       (2)(d) noxious weed seed, if the department determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being used as agricultural seed. See Utah Code 4-16-102
• Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
• Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
• Aquatic animal: includes a gamete of any species listed in Subsection (3)(a). See Utah Code 4-37-103
• Certifying agency: means :
       (5)(a) an agency authorized under the laws of a state, territory, or possession to officially certify seed and that has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or
       (5)(b) an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification. See Utah Code 4-16-102
• Coated seed: means seed that has been covered by a layer of materials that obscure the original shape and size of the seed resulting in an increase of the weight of the seed. See Utah Code 4-16-102
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Conditioning: means drying, cleaning, scarifying, and other operations that:
       (8)(a) could change the purity or germination of a seed; and
       (8)(b) require a seed lot to be retested to determine the label information. See Utah Code 4-16-102
• Controlling the pollination: means to use a method of hybridization that will produce pure seed that is at least 75% hybrid seed. See Utah Code 4-16-102
• 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.
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Dormant: means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question. See Utah Code 4-16-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Flower seed: includes the seed of herbaceous plants that are:
       (11)(a) grown for their blooms, ornamental foliage, or other ornamental parts; and
       (11)(b) commonly known and sold under the name of flower or wildflower seed in this state. See Utah Code 4-16-102
• Germination: means the emergence and development from the seed embryo of those essential structures that are, for the kind of seed in question, indicative of the ability to produce a normal plant under favorable conditions expressed in whole numbers. See Utah Code 4-16-102
• Hard seed: means seed that remains hard at the end of the prescribed germination test period because the seed has not absorbed water due to an impermeable seed coat. See Utah Code 4-16-102
• Inert matter: means all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones, as determined by methods defined by rule. See Utah Code 4-16-102
• Inoculant: means a commercial preparation containing nitrogen-fixing bacteria applied to seed. See Utah Code 4-16-102
• 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 of seed that singly or collectively are known by one common name, for example, corn, oats, alfalfa, and timothy. See Utah Code 4-16-102
• Label: includes a representation on an invoice, bill, or letterhead. See Utah Code 4-16-102
• Labeling: includes a tag or other device attached to, written, stamped, or printed on a container or accompanying a lot of bulk seeds that:
       (21)(a) claims to specify the information required on the seed label by this chapter; and
       (21)(b) may include other information related to the labeled seed. See Utah Code 4-16-102
• Lot: means a definite quantity of seed identified by a number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. See Utah Code 4-16-102
• mixed: means seed consisting of more than one kind, each in excess of 5% by weight of the whole. See Utah Code 4-16-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mulch: means a protective covering of a suitable substance placed with seed that:
       (24)(a) acts to retain sufficient moisture to support seed germination and sustain early seedling growth;
       (24)(b) aids in the prevention of the evaporation of soil moisture;
       (24)(c) aids in the control of weeds; and
       (24)(d) aids in the prevention of erosion. See Utah Code 4-16-102
• Noxious weed seeds: means :
       (25)(a) prohibited noxious weed seeds; or
       (25)(b) restricted noxious weed seeds. See Utah Code 4-16-102
• Off-type: means a seed or plant not part of the variety because the seed or plant deviates in one or more characteristics from the variety. See Utah Code 4-16-102
• Origin: means :
       (27)(a) for an indigenous stand of trees, the area on which the trees are growing; and
       (27)(b) for a nonindigenous stand of trees, the place from which the seeds or plants originated. See Utah Code 4-16-102
• Other 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. See Utah Code 4-16-102
• 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 a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Prohibited noxious weed seeds: include the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. See Utah Code 4-16-102
• Pure seed: means seed exclusive of inert matter and all other seed not of the seed being considered as determined by methods defined by rule. See Utah Code 4-16-102
• Seed for sprouting: means seed sold for sprouting for salad or culinary purposes. See Utah Code 4-16-102
• Sowing: means the placement of agricultural seed, vegetable seed, flower seed, tree and shrub seed, or seed for sprouting in a selected environment for the purpose of obtaining plant growth. See Utah Code 4-16-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Treated: means that a seed has received an application of a substance or been subjected to a process designed to reduce, control, or repel disease organisms, insects, or other pests that attack seeds or seedlings. See Utah Code 4-16-102
• Tree and shrub seed: includes seed of woody plants commonly known and sold as tree and shrub seeds in this state. See Utah Code 4-16-102
• 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 Utah Code 4-16-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Variety: means a subdivision of a kind that is:
       (41)(a) distinct, meaning a variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge;
       (41)(b) uniform, meaning that variations in essential and distinctive characteristics are describable; and
       (41)(c) stable, meaning a variety's essential and distinctive characteristics and uniformity will remain unchanged when reproduced or reconstituted as required by the category of variety. See Utah Code 4-16-102
• Vegetable seed: includes the seed of those crops that are:
       (42)(a) grown in gardens or on truck farms; and
       (42)(b) generally known and sold under the name of vegetable or herb seed in this state. See Utah Code 4-16-102
• Weed seed: means the seed of all plants generally recognized as weeds within this state, as determined by methods defined by rule. See Utah Code 4-16-102
• Weight: means the net weight of the commodity. See Utah Code 4-16-102