Terms Used In Kansas Statutes 2-1417

  • Agricultural seed: means the seed of grass, legume, forage, cereal, fiber crops, oil seed, food plot seed and any cannabis sativa crop authorized by state law, or mixtures thereof. See Kansas Statutes 2-1415
  • Brand: means a term or mark that is proprietary in nature, whether or not it is a registered or copyrighted term or mark. See Kansas Statutes 2-1415
  • Feminized seed: means seeds produced by a cannabis sativa plant that are specially bred, treated or genetically engineered to eliminate male chromosomes to produce only female plants. See Kansas Statutes 2-1415
  • Germination rate: means the percentage of seeds capable of producing normal seedlings under ordinarily favorable conditions, in accordance with the methods established by rules and regulations adopted pursuant to this act. See Kansas Statutes 2-1415
  • Hard seed: means seeds that because of hardness or impermeability do not absorb moisture or germinate under seed testing procedure. See Kansas Statutes 2-1415
  • Hybrid: means the first generation seed of a cross produced by a method of hybridization that will produce pure seed of which 75% or more contains the genetic material of each of the parent plants and by combining:

    (A) Two or more inbred lines;

    (B) one inbred or a single cross with an open pollinated variety; or

    (C) two varieties or species, other than open pollinated varieties of corn (Zea mays). See Kansas Statutes 2-1415

  • Inert matter: means all matter that is not seeds, as determined by the secretary. See Kansas Statutes 2-1415
  • Kind: means one or more related species or subspecies that singly or collectively is known by one common name, and includes, among others, wheat, oat, vetch, sweet clover and alfalfa. See Kansas Statutes 2-1415
  • Label: means the statements written, printed, stenciled or otherwise displayed upon, or attached to, a container of agricultural seed, and includes other written, printed, stenciled or graphic representations, in any form whatsoever, pertaining to any agricultural seed, whether in bulk or in containers, and includes declarations and affidavits. See Kansas Statutes 2-1415
  • Lot: means a definite quantity of agricultural 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. See Kansas Statutes 2-1415
  • Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
  • Person: means any individual, member of a partnership, corporation, agents, brokers, company, association or society. See Kansas Statutes 2-1415
  • Pure seed: means the kind of seed declared on the label, exclusive of inert matter, agricultural or other crop seeds and weed seeds. See Kansas Statutes 2-1415
  • Secretary: means the secretary of the Kansas department of agriculture or the secretary's authorized representative. See Kansas Statutes 2-1415
  • Seed: means a plant's dormant unit of sexual reproduction intended to be planted for germination. See Kansas Statutes 2-1415
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Variety: means a subdivision of a kind that is characterized by growth, yield, plant, fruit, seed or other characteristics by which it can be differentiated from other plants of the same kind. See Kansas Statutes 2-1415
  • Weed seed: means the seeds of plants considered weeds in this state and includes noxious weed seed, prohibited weed seed and restricted weed seed, as determined by the methods established by rules and regulations adopted by the secretary. See Kansas Statutes 2-1415

(a) Each bulk quantity, package or parcel of agricultural seed offered for sale, exposed for sale or exchanged for planting or seeding purposes shall have a label that shall be affixed thereto or printed or stenciled thereon or, for bulk quantity agricultural seed, shall be furnished with the invoice. Each agricultural seed label shall be printed in the English language and shall contain the following information, which shall be legible and shall not be modified, defaced, falsified or misleading and shall not be denied on the label or on another label attached to the container:

(1) The commonly accepted kind and variety or hybrid designation, or the kind and the words “variety not stated”, of each agricultural seed component that comprises more than 5% of the whole and the percentage by weight of each in order of its predominance, except for the annual grain crops wheat, oats, barley and soybeans, for which the label shall include the kind and variety;

(2) the percentage by weight of pure seed;

(3) the percentage by weight of all weed seeds;

(4) the percentage by weight of inert matter;

(5) the percentage by weight of agricultural seeds, which may be designated as “crop seeds”, other than those required to be named on the label;

(6) the lot number or other lot identification, which shall remain visible and legible and shall be placed so as not to obscure any lot number or other lot identification that was previously placed on the bulk quantity, package or parcel;

(7) the origin of the seed, including the state or foreign country where the seed was grown, or a declaration that the origin of the seed is unknown to the seller, except in the case of grass seeds in quantities of less than 10 pounds intended for lawn seeding purposes;

(8) the name and rate of occurrence per pound of each kind of restricted weed seed present, which shall not exceed the applicable limitations prescribed in rules and regulations adopted by the secretary;

(9) the name and address of the person responsible for the label; and

(10) for any label that makes claims that a bulk quantity, package or parcel of cannabis sativa contains feminized seeds, the percentage by weight of feminized seed.

(b) For each kind of agricultural seed identified on the label, the label shall also include:

(1) The germination rate, excluding the hard seed;

(2) the percentage of hard seed, if present;

(3) the month and year that the test to determine the germination rate was conducted; and

(4) for seed that is sold for lawn and turf purposes, a statement of the month and year by which the seed shall be sold that includes the phrase “sell by”.

(c) Any label may also include the total germination rate, including hard seed.

(d) Any label may include a statement of the month and year by which the seed shall be sold that includes the phrase “sell by”.

(e) The “sell by” month and year on each label shall be not more than nine months after the date that the test to determine the germination rate was conducted, excluding the calendar month in which the test was conducted.

(f) For blends of wheat, oats, barley or soybeans, the label shall include a statement of the seed kind followed by the word “blend”. For brands of wheat, oats, barley and soybeans, the brand mark or term shall precede the word “brand”. Components of blends and brands of wheat, oats, barley and soybeans shall be registered with the secretary unless all varieties and the percentage thereof are listed on the label. Blends and brands so registered may be labeled by kind and the words “variety (varieties) not stated”. The composition of registered blends and brands shall remain consistent from year to year. When more than one component is required to be named, the word “mixture” or “mixed” shall be shown conspicuously on the label.