2016 Delaware Code
Title 3 - Agriculture
CHAPTER 15. SEEDS
§ 1501. Definitions.

As used in this chapter:

(1) "Person" includes any individual, partnership, corporation, company, society or association.

(2) "Agricultural seed" 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 mixes of such seeds, and may include noxious weed seeds when the Department determines that such seed is being used as agricultural seed.

(3) "Vegetable seeds" includes the seeds of those crops which are grown in gardens or truck farms and are generally known and sold under the name of vegetable seeds in this State.

(4) "Flower seeds" includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this State.

(5) "Tree and shrub seeds" includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State.

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

(7) "Noxious weed seeds" are divided into two classes, "prohibited noxious weed seeds" and "restricted noxious weed seeds" as defined in sub-subdivisions a. and b. of this subdivision:

a. "Prohibited noxious weed seeds" are the seeds of perennial weeds that not only reproduce by seed but also spread underground roots, stems and other reproductive parts, and which when well established, are highly destructive and difficult to control in this State by ordinary good cultural practice. Prohibited noxious weed seeds in this State are the seeds of:

1. Cirsium arvense, Canada thistle;

2. Agropyron repens, Quackgrass;

3. Sorghum specie, Johnson grass, Perennial Sweet Sudan Grass, Sorghum Almum and hybrids derived therefrom; and such other seeds or bulblets as the Department from time to time may designate as prohibited noxious seeds in the public interest.

b. "Restricted noxious weed seeds" are the seeds of such weeds as are very objectionable in fields, lawns and gardens of this State, but can be controlled by good cultural practices. Restricted noxious weed seeds in this State are the seeds of:

1. Cuscuta spp., Dodder;

2. Convolvulus arvensis, Bindweed;

3. Allium spp., Wild onion, Wild garlic;

4. Agrostemma githago, Corn Cockle;

5. Solanum Carolinense, Horse nettle;

6. Bromus secalinus, Cheat or Chess;

7. Poa Annua, Annual Bluegrass;

8. Setari faberi, Giant Foxtail;

and such other seeds or bulblets as the Department from time to time may designate as restricted noxious seeds in the public interest.

(8) "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.

(9) "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 chapter.

(10) "Record" includes all information relating to the shipment or shipments involved and a file sample of each lot of seed. For tree and shrub seed, the record will also include all documents supporting the statement of origin and elevation of the seed.

(11) "Stop sale" means an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed.

(12) "Seizure" means a legal process carried out by court order against a definite amount of seed.

(13) "Kind" means 1 or more related species or subspecies which singly or collectively is known by 1 common name, for example, corn, oats, alfalfa and timothy.

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

(15) "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.

(16) "Hybrid" first means the first generation seed of a cross produced by controlling the pollination and by combining:

a. 2 or more inbred lines;

b. 1 inbred or a single cross with an open pollinated variety; or

c. 2 varieties or species, except open pollinated varieties of corn (Zea mays). The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety means.

(17) "Pure seed," "germination," and other seed labeling and testing terms in common usage shall be defined as in the Rules for Testing Seeds published by the Association of Official Seed Analysts, effective July 1, 1955, and as subsequently amended.

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

(19) "Treated" means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

(20) A "private hearing" may consist of a discussion of facts between the person charged and the enforcement officer.

(21) "Certifying agency" means:

a. an agency authorized under the laws of a state, territory, or possession to officially certify seed; or

b. an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under sub-subdivision a. of this subdivision.

(22) "Certified seed," "registered seed" or "foundation seed" means seed that has been produced and labeled in accordance with the procedures and in compliance with the requirements of an official certifying agency.

(23) "List by Predominance" shall have the same meaning as defined in the rules and regulations under this chapter.

(24) "Tree seed collector's declaration" is a statement signed by a grower or person having knowledge of the place of collection for a lot of seed, giving the lot number, common or scientific name of the species (and subspecies, if appropriate), origin, elevation and quantity of tree and shrub seed.

(25) "Origin" for an indigenous stand of trees is the area on which the trees are growing; for a nonindigenous stand, it is the place from which the seeds as plants were originally introduced.

36 Del. Laws, c. 91, §§ 1, 3, 11; Code 1935, §§ 655, 657, 665; 44 Del. Laws, c. 66, §§ 1, 2; 3 Del. C. 1953, § 1501; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; 65 Del. Laws, c. 104, § 1.;