Terms Used In Kansas Statutes 2-1421

  • Advertisement: means all representations, other than those on the label, disseminated in any manner, or by any means, relating to agricultural seed. See Kansas Statutes 2-1415
  • 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
  • Certified seed: means any class of pedigreed seed or plant parts for which a certificate of inspection has been issued by an official seed certifying agency. See Kansas Statutes 2-1415
  • Certifying agency: means :

    (1) An agency that is authorized under the laws of a state, territory or possession to officially certify seed and has standards and procedures approved by the secretary of agriculture of the United States department of agriculture to assure the genetic purity and identity of the seed certified; or

    (2) an agency of a foreign country that is determined by the secretary of agriculture of the United States department of agriculture to be an agency that adheres to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (1). See Kansas Statutes 2-1415

  • Commercial means: includes all forms of advertising for which a person must pay another for the dissemination or distribution of the advertisement. 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
  • Grower of agricultural seed: means an individual whose primary occupation is farming and who sells or offers or exposes for sale agricultural seed that the individual has grown without the use of a common carrier or a third party as an agent or broker. 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
  • Mixture: means a combination of two or more kinds of agricultural seed in which each kind comprises more than 5% of the whole. See Kansas Statutes 2-1415
  • Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
  • Noxious weed seed: means the seed of any species of plant declared to be a noxious weed by the secretary pursuant to Kan. See Kansas Statutes 2-1415
  • Person: means any individual, member of a partnership, corporation, agents, brokers, company, association or society. See Kansas Statutes 2-1415
  • Prohibited weed seed: includes the seeds of any species of plant designated as prohibited weed seed in any rules and regulations adopted by the secretary in consultation with landowner organizations, seed industry organizations and programs within the college of agriculture at Kansas state university. See Kansas Statutes 2-1415
  • Restricted weed seed: means weed seeds or bulblets that are:

    (1) Objectionable in agricultural crops, lawns and gardens of this state and that can be controlled with cultural practices that are commonly accepted as effective or with the use of herbicides; and

    (2) designated as restricted weed seeds pursuant to rules and regulations adopted by the secretary in consultation with landowner organizations, seed industry organizations and programs within the college of agriculture of Kansas state university. 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
  • Stop sale order: means an administrative order, authorized by law, restraining the sale, use, disposition and movement of a definite amount of agricultural seed. See Kansas Statutes 2-1415
  • Tested: means that a representative sample of the lot of agricultural seed in question has been subjected to examination and such sample's purity and germination rate has been determined. See Kansas Statutes 2-1415
  • 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) It shall be unlawful for any person to sell, offer for sale, expose for sale or advertise by commercial means any agricultural seed for seeding purposes:

(1) That was not tested to determine the germination rate within the nine-month period immediately prior to being sold or offered or exposed for sale, excluding the calendar month in which the test was completed;

(2) that is not labeled in accordance with the provisions of this act;

(3) that has a false, misleading or incomplete label;

(4) that contains noxious weed seed or prohibited weed seed;

(5) that contains restricted weed seeds in excess of the quantity prescribed pursuant to rules and regulations adopted by the secretary;

(6) that contains more than:

(A) 2% of weed seed by weight if the agricultural seed is smooth bromegrass, fescues, orchard grass, wheatgrasses or lespedeza other than sericea lespedeza;

(B) 4% weed seed by weight if the agricultural seed is any chaffy range grass; or

(C) 1% of weed seed by weight for any other agricultural seed;

(7) by variety name not certified by an official seed certifying agency when it is a variety for which a certificate of plant variety protection has been issued under the plant variety protection act, specifying sale only as a class of certified seed, except that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety;

(8) without having registered with the secretary as required by Kan. Stat. Ann. § 2-1421a, and amendments thereto; and

(9) if any label, advertisement or other media represents such agricultural seed to be certified or registered, unless:

(A) Such certification or registration has been determined by an official seed-certifying agency; and

(B) such seed bears an official label issued for such seed by such agency stating that the seed is certified or registered.

(b) It shall be unlawful for any person to:

(1) Alter or deface any label so that the information is false or misleading or to mutilate any label;

(2) disseminate any false or misleading advertisements concerning agricultural seed;

(3) issue any statement, invoice or declaration as to the variety of any agricultural seed that is false or misleading;

(4) hinder or obstruct the secretary in the performance of official duties;

(5) fail to comply with a stop sale order, or to move or otherwise handle or dispose of any quantity of seed that is held under a stop sale order or that has a stop sale tag attached thereto, except with the express permission of the enforcing officer in writing and subject to any conditions established by the enforcing officer;

(6) use the word “trace” as a substitute for any statement that is required; or

(7) use the word “type” in any labeling in connection with the name of any agricultural seed variety.

(c) (1) Except as provided in subsection (a)(7), it shall not be a violation of this act for the grower of agricultural seed to sell or offer or expose for sale for planting or seeding purposes agricultural seed that has not been tested and labeled when the agricultural seed:

(A) Was grown on the grower’s premises;

(B) is free from noxious weed seed and prohibited weed seed;

(C) does not contain restricted weed seed in excess of the quantity established in rules and regulations adopted by the secretary; and

(D) is of a variety that is not prohibited from being sold or offered or exposed for sale by any legal, contractual or other protection.

(2) Agricultural seed sold pursuant to this exemption shall not be advertised by commercial means unless the advertisement specifically states that the agricultural seed is bin run or states whether the agricultural seed has been tested.

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