2010 Wisconsin Code
Chapter 94. Plant industry.
94.38 Agricultural and vegetable seeds; definitions.

94.38

94.38 Agricultural and vegetable seeds; definitions. When used in ss. 94.38 to 94.46 unless the context requires otherwise:

94.38(1)

(1) "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 ss. 94.38 to 94.46.

94.38(2)

(2) "Agricultural seed" includes the seeds of grass, forage, cereal, fiber crops and lawn seeds and any other kinds of seeds commonly recognized and sold within this state for sowing purposes as agricultural seeds or mixtures thereof, and may include noxious weed seeds if used as agricultural seed.

94.38(3)

(3) "Certified seed" means seed produced in compliance with the standards and procedures of a certifying agency and that bears an official label issued for such seed by a seed certifying agency stating that the seed is certified. The 4 classes of certified seed are: breeders, foundation, registered and certified.

94.38 - ANNOT.

NOTE: Sub. (3) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(4)

(4) "Certifying agency" means an agency designated by any state, territory, possession or foreign country to certify seed.

94.38 - ANNOT.

NOTE: Sub. (4) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(4m)

(4m) "Coated seed" means seed, other than treated seed, which is covered with any substance that changes the size, shape or weight of the seed.

94.38 - ANNOT.

NOTE: Sub. (4m) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(5)

(5) "Hybrid seed" means, for a kind or variety of seed, the first generation seed progeny of a cross produced by controlled pollination which combines 2 inbred lines; one inbred line and a single cross; 2 single crosses; one inbred line or a single cross with an open pollinated variety; or 2 selected clones, seed lines, varieties or species. "Hybrid seed" does not include seeds incidentally produced as a result of incomplete control over pollination.

94.38 - ANNOT.

NOTE: Sub. (5) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(6)

(6) "Kind" means one or more related species or subspecies which singly or collectively is known by one common name, such as corn, oats, alfalfa or timothy.

94.38 - ANNOT.

NOTE: Sub. (6) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(7)

(7) "Label" means the display of written, printed or graphic matter upon or attached to the container of seed or, for seed sold in bulk quantities, included with the invoice or shipping document furnished the purchaser at time of delivery.

94.38(8)

(8) "Labeler" means any person who as grower, processor, jobber, distributor or seller labels or accepts responsibility for labeling information pertaining to any container or lot of agricultural seed or vegetable seed and whose name and address are required by the department by rule to appear on the label.

94.38 - ANNOT.

NOTE: Sub. (8) is shown as amended eff. 1-1-11 by 2009 Wis. Act 28. Prior to 1-1-11 it reads:

94.38 - ANNOT.

(8) "Labeler" means any person who as grower, processor, jobber, distributor or seller labels seed or accepts responsibility for labeling information pertaining to any container or lot of agricultural or vegetable seed and whose name and address is required to appear on the label under s. 94.39.

94.38(9)

(9) "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 on invoices.

94.38 - ANNOT.

NOTE: Sub. (9) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(10)

(10) "Lawn seed" means the seed of grasses, clovers or other agricultural seeds or mixtures thereof commonly used or sold for seeding lawns, parks or turf areas in this state.

94.38(11)

(11) "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.

94.38(12)

(12) "Noxious weed seeds" are divided into 2 classes, "prohibited noxious weed seeds" and "restricted noxious weed seeds" and are defined as follows:

94.38(12)(a)

(a) "Prohibited noxious weed seeds" include the seeds of field bindweed (Convolvulus arvensis), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense) and quack grass (Agropyron repens).

94.38(12)(b)

(b) "Restricted noxious weed seeds" include the seeds of dodder (Cuscuta spp.), wild mustard (Sinapis arvensis), Indian mustard (Brassica juncea), buckhorn (Plantago lanceolata), ox-eye daisy (Leucanthemum vulgare), perennial sow thistle (Sonchus arvensis), wild radish (Raphanus raphanistrum), yellow rocket (Barbarea vulgaris), wild oats (Avena fatua), giant foxtail (Setaria faberi), hoary alyssum (Berteroa incana), downy brome (Bromus tectorum) and white cockle (Silene alba).

94.38 - ANNOT.

NOTE: Sub. (12) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(13)

(13) "Person" includes any individual, firm, partnership, limited liability company, corporation, company, society or association.

94.38 - ANNOT.

NOTE: Sub. (13) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(14)

(14) "Preinoculated seed" means legume seed which has received an application, prior to sale, of a culture of bacteria which will effectively inoculate the legume as shown by nodulation of the roots, growth of the plants and accumulation of nitrogen in the plants.

94.38(15)

(15) "Pure seed", "germination", "hard seed" and other terms commonly used in labeling and testing seeds shall be as defined in the rules of the department.

94.38 - ANNOT.

NOTE: Sub. (15) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(16)

(16) "Record" means all information relating to lot, identification, source, origin, variety, amount, processing, blending, testing, labeling, sale and distribution of seed and includes a file sample of each lot.

94.38(18)

(18) "Seizure" means the taking of legal custody over seed by court order.

94.38(19)

(19) "Stop sale" means a department order restraining the sale, use, disposition or movement of seed.

94.38 - ANNOT.

NOTE: Sub. (19) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(20)

(20) "Treated seed" means seed which has received an application of a substance, or has been subjected to a process in such a way as to reduce, control or repel certain disease organisms, insects or other pests attacking seeds or seedlings growing therefrom.

94.38 - ANNOT.

NOTE: Sub. (20) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(21)

(21) "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

94.38 - ANNOT.

NOTE: Sub. (21) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(22)

(22) "Variety" means a subdivision of a kind based on growth, yield, plant, fruit, seed, disease resistance or other characteristics by which it can be differentiated from other plants of the same kind.

94.38 - ANNOT.

NOTE: Sub. (22) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(23)

(23) "Vegetable seed" includes the seeds of crops which are grown commercially and in home gardens as vegetables for human consumption and are commonly known and sold in this state as vegetable seeds.

94.38 - ANNOT.

NOTE: Sub. (23) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38(24)

(24) "Weed seeds" includes the seeds of all plants generally recognized as weeds within this state, and includes noxious weed seeds.

94.38 - ANNOT.

NOTE: Sub. (24) is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.38 - ANNOT.

History: 1975 c. 39, 308; 1983 a. 189; 1985 a. 138; 1993 a. 112; 2009 a. 28.