§ 3.2-4000 Definitions.
§ 3.2-4001 Authority of Board to adopt regulations.
§ 3.2-4002 Authority of Commissioner to adopt regulations.
§ 3.2-4003 Powers and duties of the Commissioner.
§ 3.2-4004 Seed Fund; established.
§ 3.2-4005 License required to market seed.
§ 3.2-4006 Duty to maintain records.
§ 3.2-4007 Guaranty by seller.
§ 3.2-4008 Labeling and advertising requirements.
§ 3.2-4009 Lawn and turf seed mixture; registration and labeling.
§ 3.2-4010 Lawn and turf seed; inspection fee.
§ 3.2-4011 Inspection.
§ 3.2-4012 Stop sale order.
§ 3.2-4013 Seizure; disposition of seeds.
§ 3.2-4014 Assessment for variance from guarantee.
§ 3.2-4015 Prohibitions.
§ 3.2-4016 Exemptions from certain provisions.
§ 3.2-4017 Disclaimers, nonwarranties, and limited warranties.
§ 3.2-4018 Notice of violations; warning.
§ 3.2-4019 Duty of attorney for Commonwealth.
§ 3.2-4020 Penalty.

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Terms Used In Virginia Code > Title 3.2 > Subtitle III > Chapter 40 > Article 1 - Seeds.

  • Advertisement: means any representation relating to seed within the scope of this article that is not also required labeling. See Virginia Code 3.2-4000
  • 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 seeds of grass, forage, cereal, and fiber crops; any other seed commonly recognized as agricultural seed; and any lawn seed, turf seed, and mixtures thereof (including any noxious-weed seeds that may be present). See Virginia Code 3.2-4000
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authority: means an authority created under the provisions of this chapter or, if any such authority has been abolished, the entity succeeding to the principal functions thereof. See Virginia Code 15.2-5431.2
  • Blend: means a mechanical combination of varieties of the same kind that is identified by a blend designation and is always present in the same percentages in each lot so designated. See Virginia Code 3.2-4000
  • Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
  • Brand: means the name, term, design, or trademark of seed offered for sale. See Virginia Code 3.2-4000
  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Code designation: means an identification assigned by the U. See Virginia Code 3.2-4000
  • Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conditioning: means any process of cleaning, scarifying, treating, or blending seed that changes the purity or germination of the seed. See Virginia Code 3.2-4000
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled conditions: means minimum seed stock standards established by regulation. See Virginia Code 3.2-4000
  • 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.
  • cost of a project: means , but shall not be limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, betterment or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto, the cost of labor and materials; the cost of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing the same; administrative, legal, engineering and inspection expenses; financing fees, expenses and costs; working capital; interest on bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing authority; establishment of reserves; and all other expenditures of the issuing authority incidental, necessary or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment or extension of any project and the placing of the project in operation. See Virginia Code 15.2-5431.2
  • County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Dormant seed: means viable seed other than hard seed that fails to germinate when provided the specified germination conditions. See Virginia Code 3.2-4000
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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.
  • 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 any seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts; any other seeds commonly recognized as flower seeds; and any seeds designated as flower seeds by regulations. See Virginia Code 3.2-4000
  • foundation seed: means seed produced and labeled in compliance with the procedures and requirements of an official certifying agency of a state, the United States, a province of Canada, or the government of a foreign country where the seed was produced. See Virginia Code 3.2-4000
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Germination: means the percentage, by count, of seeds under consideration capable of producing normal seedlings in a given period of time and under conditions specified by regulations. See Virginia Code 3.2-4000
  • Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guarantor: means the person whose name appears on the label. See Virginia Code 3.2-4000
  • 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.
  • Hard seed: means seeds that do not absorb moisture and germinate, thus remaining hard during the period prescribed for germination by regulations. See Virginia Code 3.2-4000
  • Hybrid: means the first generation seed of a cross produced by controlling pollination or using sterile lines and combining: (i) two, three, or four inbred lines; (ii) one inbred line, or a single cross, with an open-pollinated variety; or (iii) two varieties or species, except open-pollinated varieties of corn. See Virginia Code 3.2-4000
  • in bulk: means loose seed in bins or other containers, but not bags or packets. See Virginia Code 3.2-4000
  • in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
  • Inbred line: means a relatively stable and pure breeding strain resulting from: (i) four or more successive generations of controlled self-pollination; or (ii) four successive generations of backcrossing male sterile lines. See Virginia Code 3.2-4000
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • 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 seeds and includes broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods prescribed by regulations. See Virginia Code 3.2-4000
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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 related species or subspecies known by a common name including wheat, oats, hairy vetch, white sweet clover, cabbage, and cauliflower. See Virginia Code 3.2-4000
  • Labeling: means all labels, tags, and any other written, printed, or graphic statements or representations (including representations on invoices) in any form pertaining to any seed. See Virginia Code 3.2-4000
  • Lawn and turf seed: means seeds of grasses commonly recognized and sold for lawns or other areas where turf is grown for beautification or erosion control. See Virginia Code 3.2-4000
  • Lawn or turf seed mixture: means two or more kinds of agricultural seeds that are combined and sold for lawns or other areas where turf is grown for beautification or erosion control. See Virginia Code 3.2-4000
  • Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
  • Lot: means a definite quantity of seed that is identified by a number or other identification and is uniform throughout for the factors appearing on the label. See Virginia Code 3.2-4000
  • Mixture: means seeds consisting of more than one kind or variety, when claimed or present, in excess of five percent of the whole. See Virginia Code 3.2-4000
  • Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
  • Noxious-weed seed: means prohibited noxious-weed seeds and restricted noxious weed seeds. See Virginia Code 3.2-4000
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Origin: means the state, territory, foreign country, or designated portion thereof, where the seed was grown. See Virginia Code 3.2-4000
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
  • Project: means any system of facilities for provision of qualifying communications services as authorized by Article 5. See Virginia Code 15.2-5431.2
  • Pure seed: means agricultural or vegetable seed exclusive of inert matter and other seeds distinguishable from the kind, or kind and variety, being considered. See Virginia Code 3.2-4000
  • Quantity statement: means the net weight (mass), net volume (liquid or dry), count, or other form of measurement of a commodity. See Virginia Code 3.2-4000
  • Quorum: The number of legislators that must be present to do business.
  • real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
  • Registrant: means the person registering a lawn or turf seed mixture pursuant to this article. See Virginia Code 3.2-4000
  • 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.
  • Restricted noxious-weed seed: means weed seeds that are very objectionable in fields, lawns, and gardens and are difficult to control by common practices. See Virginia Code 3.2-4000
  • revenue bonds: include notes, bonds, bond anticipation notes, and other obligations of an authority for the payment of money. See Virginia Code 15.2-5431.2
  • Sale: means the transfer of ownership of seed as evidenced by the exchange of payment or seed, in whole or in part. See Virginia Code 3.2-4000
  • Screenings: means seed, inert matter, and other materials removed from agricultural seed or vegetable seed by cleaning or conditioning. See Virginia Code 3.2-4000
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tolerance: means the allowable deviation from any figure used on a label to designate the percentage of any fraction or rate of occurrence in the lot and is based on the law of normal variation from a mean. See Virginia Code 3.2-4000
  • Transgenetic: means any plant material or seed that has undergone the transfer of a gene from one genera to another. See Virginia Code 3.2-4000
  • Treated: means seed that has received an effective application of: (i) a generally approved substance; (ii) a process designed to control or repel certain disease organisms, insects, or other pests; or (iii) any other treatment to improve its planting value. See Virginia Code 3.2-4000
  • 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.
  • Turf: means the same as that term is defined in § Virginia Code 3.2-4000
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
  • Variety: means a subdivision of a kind characterized by growth, plant, fruit, seed, or other characteristics that distinguish it from other plants of the same kind. See Virginia Code 3.2-4000
  • Vegetable seed: means seeds of crops grown in gardens and on truck farms commonly recognized as vegetable seed and designated by regulations. See Virginia Code 3.2-4000
  • Venue: The geographical location in which a case is tried.