§ 136. Definitions. As used in this article unless otherwise expressly
stated, or unless the context or subject matter otherwise requires:

1. The term "person" shall include any individual, partnership,
corporation, company, society, or association.

2. The term "seed" means botanical structures used for planting
purposes and commonly referred to as "seed" within this state. This
includes potato tubers when such tubers are represented as being
suitable for planting purposes.

3. The terms "agricultural seeds" and "crop seeds" include the seeds
of grass, forage, cereal, field beans, and fiber crops, including
"industrial hemp" as defined in section five hundred five of this
chapter, or any other kinds of seeds commonly recognized within this
state as agricultural seeds, lawn seeds, and mixtures of such seeds.

4. The term "vegetable seeds" includes seeds of those food crops which
are grown in gardens and on truck farms and are generally known and sold
under the name of vegetable or herb seeds in this state.

5. The term "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.

6. The term "tree and shrub seeds" includes seeds of woody plants
commonly known and sold as tree or shrub seeds in this state.

7. The term "noxious weed seeds" are those noxious weed seeds which
are objectionable in agriculture crops, lawns, and gardens of this state
and which can be controlled by good agricultural practices or the use of
herbicides. Noxious weeds and the number of such noxious weed seeds
allowable per pound of seed shall be established in regulation by the
commissioner in consultation with experts in seed certification
including, but not limited to, programs at the college of agriculture
and life sciences at Cornell university.

8. The term "labeling" refers to statements written or imprinted on
the seed container itself or on a tag or label securely attached to it
as specified in the label requirements of this law.

9. The term "advertising" means all representations, other than the
required label statements made in any manner or by any means relating to
seed within the scope of this act.

10. The term "stop-sale" means an administrative order provided by
law, restraining the sale, use, disposition, and movement of a definite
amount of seed.

11. The term "seizure" means a legal process carried out by court
order against a definite amount of seed.

12. The term "kind" means one or more related species or subspecies
which singly or collectively is known by one common name, for example,
corn, oats, alfalfa, and timothy.

13. The term "variety" means a subdivision of a kind characterized by
growth, yield, disease resistance, plant, flower, fruit, seed or other
characteristics by which it may be differentiated under certain
conditions from other plants of the same kind.

14. The term "lot" means a definite quantity of seed which is
identified by a lot number or other mark, and which has been so handled
that each portion or container is representative of the whole quantity.

15. The term "hybrid" means the first generation of a cross produced
under controlled pollination. The parents must be sufficiently uniform
to permit repeated production of the hybrid without change in
performance. Hybrid designations shall be treated as variety names.

16. "Pure seed" means agricultural, vegetable, flower, tree, or shrub
seeds exclusive of inert matter, weed seeds, and all other seeds
distinguishable from the kinds, or kinds and varieties being considered.

17. The term "percentage of germination" means the percentage of
seeds, other than hard seeds, which are capable of producing normal
seedlings under favorable conditions.

18. The term "percentage of hard seed" means the percentage of seeds
which are incapable of sprouting promptly because their outer structures
are impermeable to water.

19. The term "treated" means that the seed has received an effective
application of an approved substance or method designed to control or
repel plant disease organisms, insects, or other pests; or has received
some other treatment to improve its planting value.

20. "Certified", "registered", "foundation", "phyto-inspected", or any
other terms conveying similar meaning, when referring to seed, means
seed which has been produced or collected, processed, and labeled in
accordance with the procedures and in compliance with the rules and
regulations of an officially recognized certification agency or
agencies.

21. "Officially recognized" means recognized and designated by the
laws or regulations of any state, the United States, any province of
Canada, or the government of any foreign country wherein said seeds were
produced, except that if said seeds are produced in New York state,
section one hundred forty-one shall govern.

22. "Mulch" means a protective covering of any suitable substance
placed with seed which acts to retain sufficient moisture to support
seed germination and sustain early seedling growth and aid in the
prevention of the evaporation of soil moisture, the control of weeds,
and the prevention of erosion.

23. "Mixture," "mix," or "mixed" means seed consisting of more than
one kind, each in excess of five percent by weight of the whole.