Title 11 . Natural Resources

Chapter 34 . Agricultural Revolving Loan Fund

Section 400. Definitions

11 AAC 34.400. Definitions

The terms used in this chapter are construed to conform insofar as possible with the terms used in the Federal Seed Act (7 U.S.C. 1551 et seq.) and the regulations issued under that Act. Unless the context indicates otherwise, in this chapter

(1) "advertisement" means representation other than on labels, disseminated in any manner or by any means relating to seed within the scope of these regulations;

(2) "agricultural seeds" means the seeds of all domesticated grasses and cereals, and of all legumes and other plants grown as turf, cover crops, forage crops, fiber crops or field crops and mixtures of the seeds;

(3) "appliance" means box, tray, container, ladder, tent, vehicle, implement, or any other article which is or may be used in connection with the planting, growing, harvesting, handling, or transportation of an agricultural commodity;

(4) "bailee" means a person who, by warehouse receipt, bill of lading, or other document of title, acknowledges possession of goods and contracts to deliver them;

(5) "certified," as applied to bulblets, tuber, or horticultural plants or to agricultural, vegetable, tree, shrub, flower, or cereal grain seed, means inspected and labeled by and in accordance with the standards and rules and regulations of the official certification agency or in accordance with similar standards established by a similar authority in another state, country, or territory;

(6) "certified seed potatoes" means potatoes used for planting a crop, that have been officially certified as "foundation seed" or "certified seed" by an authorized inspector, in a manner approved by the director, or, in the case of seed imported into the state, meets the certification standards of the Association of Official Seed Certifying Agencies;

(7) "commercial production" means products not grown exclusively for use or consumption by the producer;

(8) "director" means the director of the division of agriculture, Department of Natural Resources, or the director's authorized agent;

(9) "flower seed" includes seed of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts which is commonly sold under the name of flower seed in the state;

(10) "labeling" means all labels and other written, printed, or graphic representations in any form whatsoever, whether attached to, or accompanying and pertaining to any seed, whether in bulk or in containers and includes invoices;

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

(12) "mixed agricultural seeds" means any lot of seeds that contains five percent or more by weight of each of two or more kinds of agricultural seeds;

(13) "noxious weed" means any species of plants, either annual, biennial, or perennial, reproduced by seed, root, underground stem, or bulblet, which when established is or may become destructive and difficult to control by ordinary means of cultivation or other farm practices; or seed of such weeds that is considered commercially inseparable from agricultural or vegetable seed;

(14) "nursery stock" means any plant for planting, propagation or ornamental use;

(15) "other crop seed" means that part of a lot or sample of seed that consists of the seed of cereal grain and agricultural and vegetable seeds other than those named on the label;

(16) "packer" means the person or firm putting the seed into its final container in preparation for sale as seed;

(17) "person" means a individual, partnership, corporation, company, society, association, or cooperative;

(18) "pest" means a form of animal life, plant life, or infectious, transmissible, or contagious disease of plants, that is or is liable to be dangerous or detrimental to the agricultural industry of the state;

(19) "plant" means a whole or part of a plant, tree, shrub, vine, fruit, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or fruit pip, and includes an article made from a plant;

(20) "pure seed," "germination," and other seed labeling and testing terms in common use are defined as the terms are defined in the Rules for Seed Testing (Volume 6, #2, 1981) published by the Association of Official Seed Analysts, Stone Printing Company, Lansing, Michigan, and in the Federal Seed Act (7 U.S.C. 1551 et seq.) and the regulations promulgated under it (7 C.F.R. 201 et seq.);

(21) "restricted noxious weed seed" means the seed of weeds which are very objectionable in fields, lawns, and gardens of this state, but which can be controlled by good cultural practices;

(22) "shipment" means an article or thing, which may be, is being, or has been transported from one place to another place;

(23) "tree and shrub seed" means seed of woody plants commonly known and sold as tree and shrub seeds in this state;

(24) "vegetable seeds" means the seeds of all crops which are being grown or which may be grown in gardens, privately or commercially, and which are generally known and sold under the name of vegetable seeds; and

(25) "weed seed" means a restricted noxious weed seed and any seed not included in the definition of agricultural seed when it occurs incidentally in agricultural or vegetable seeds.

History: In effect before 7/28/59; am 3/2/78, Register 65; am 10/28/83, Register 88

Authority: AS 03.05.010

AS 03.05.030

AS 44.37.030