Terms Used In Tennessee Code > Title 12 > Chapter 4 > Part 3 - Reimbursement of Health Care Provider Costs

• Active ingredient: means :
  (A) In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient that will prevent, destroy, repel or mitigate. See Tennessee Code 43-8-102
• Adjuvant: means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used. See Tennessee Code 43-8-102
• Adjuvant: means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used. See Tennessee Code 43-8-301
• Adulterated: means a condition wherein strength or purity of a pesticide falls below the professed standard of quality as expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent thereof has been wholly or in part abstracted. See Tennessee Code 43-8-102
• 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 part. See Tennessee Code 43-10-103
• Agricultural seeds: 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 mixture of such seeds, and may include noxious-weed seeds when the commissioner determines that such seed is being used as agricultural seed. See Tennessee Code 43-10-103
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Aircraft: means any contrivance known or hereafter invented that is used or designed for navigation of or flight in the air over land or water and is designed or adaptable for use in applying pesticides in any form. See Tennessee Code 43-8-301
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antidote: means the most practical immediate treatment in case of poisoning and includes first aid treatment. See Tennessee Code 43-8-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Certifying agency: means an agency authorized to officially certify seed under the laws of a state, territory, possession, or foreign country and that has certification standards for genetic purity and identity that meet those standards established by the Association of Official Seed Certifying Agencies and referenced in its official handbook. See Tennessee Code 43-10-103
• Class of certified seed: means one (1) of four (4) classes of certified seeds:
  (A) Breeder. See Tennessee Code 43-10-103
• Commercial aerial applicator: means any person who engages in the application of pesticides by aircraft. See Tennessee Code 43-8-301
• Commercial fertilizer: means any substance containing one (1) or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum. See Tennessee Code 43-11-103
• Commissioner: means the commissioner of agriculture. See Tennessee Code 43-8-102
• Commissioner: means the commissioner of agriculture, or the commissioner's authorized agent. See Tennessee Code 43-8-301
• Commissioner: means the commissioner of agriculture or the commissioner's designated agent or agents. See Tennessee Code 43-10-103
• Commissioner: means the commissioner of agriculture. See Tennessee Code 43-11-103
• Commissioner: means the commissioner of agriculture. See Tennessee Code 43-8-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditioning: means cleaning, scarifying, treating, or blending to obtain uniform quality, and other operations that would change the purity or germination of the seed and therefore require testing to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed. See Tennessee Code 43-10-103
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Custom application of pesticides: means any application of pesticides for hire. See Tennessee Code 43-8-301
• Deficiency: means the amount of nutrient found by analysis less than that guaranteed that may result from a lack of nutrient ingredients or from a lack of uniformity. See Tennessee Code 43-11-103
• Department: means the department of agriculture. See Tennessee Code 43-8-301
• Distributor: means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this state. See Tennessee Code 43-11-103
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Germination: means the percentages by count of seeds under consideration, determined to be capable of producing normal seedlings in a given period of time and under normal conditions. See Tennessee Code 43-10-103
• Grade: means the percentages of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the "guaranteed analysis". See Tennessee Code 43-11-103
• guaranteed analysis: means the minimum percentage of plant nutrients claimed in the following order and form:
  (i)

  Total Nitrogen (N) . See Tennessee Code 43-11-103

• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Hybrid: means the first-generation seed of a cross produced by controlling the pollination or by use of sterile lines and combining:
  (A) Two (2) or more inbred lines. See Tennessee Code 43-10-103
• In bulk: refers to loose seed in bins, or open containers, and not to seed in bags or packets. See Tennessee Code 43-10-103
• Inert matter: means all matter not seeds, and includes broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed by rules and regulations promulgated pursuant to this part. See Tennessee Code 43-10-103
• Ingredient statement: means a statement of the name and percentage of each active ingredient, together with the total percentage of all inert ingredients in the pesticide. See Tennessee Code 43-8-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inoculant: means a commercial preparation containing nitrogen-fixing bacteria applied to seed. See Tennessee Code 43-10-103
• Investigational allowance: means an allowance for variations inherent in the taking, preparation, and analysis of an official sample. See Tennessee Code 43-11-103
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Kind: means one (1) or more related species or subspecies that singly or collectively are known by one (1) common name. See Tennessee Code 43-10-103
• Label: means the written, printed or graphic matter on or attached to a pesticide, or the immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide. See Tennessee Code 43-8-102
• Label: means the display of all written, printed, or graphic matter upon the immediate container, or a statement accompanying a fertilizer. See Tennessee Code 43-11-103
• Label: means the written, printed or graphic matter on or attached to a pesticide, or the immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide. See Tennessee Code 43-8-102
• Labeling: means all labels and other written, printed or graphic matter:
  (A) Upon the pesticide or any of its containers or wrappers. See Tennessee Code 43-8-102
• 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 of invoices. See Tennessee Code 43-10-103
• Labeling: means all written, printed, or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer. See Tennessee Code 43-11-103
• Licensee: means any person duly licensed under this part. See Tennessee Code 43-8-301
• Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
• Local legislation: means , but is not limited to, any ordinance, motion, resolution, amendment, regulation or rule adopted by a political subdivision. See Tennessee Code 43-11-103
• Lot: means a definite quantity of seed identified by a lot number or other identification, which shall be uniform within recognized tolerances for the factors that appear in the labeling. See Tennessee Code 43-10-103
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Misbranded: means a condition as to a pesticide, wherein:
  (A) Its labeling bears any statement, design or graphic representation relative to the pesticide, or to its ingredients, that is false or misleading in any particular. See Tennessee Code 43-8-102
• Mixed fertilizer: is a commercial fertilizer containing any combination or mixtures of fertilizer materials designed for use or claimed to have value in promoting plant growth. See Tennessee Code 43-11-103
• Mixture: means seeds consisting of more than one (1) kind or kind and variety, each present in excess of five percent (5%) of the whole. See Tennessee Code 43-10-103
• Month: means a calendar month. See Tennessee Code 1-3-105
• Official sample: means any sample of commercial fertilizer taken by the commissioner or the commissioner's agent and designated as "official" by the commissioner. See Tennessee Code 43-11-103
• Origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See Tennessee Code 43-10-103
• Other crop seeds: means seeds of kinds or varieties of agricultural or vegetable crops other than those shown on the label as the primary kind or kind and variety. See Tennessee Code 43-10-103
• Overall index value: means the value of a fertilizer as determined by comparing the value guaranteed with the value found, using as a basis for value the commercial value of a nutrient or ingredient per §. See Tennessee Code 43-11-103
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• percentage: means the percentage by weight. See Tennessee Code 43-11-103
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person: means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. See Tennessee Code 43-8-102
• Person: means any individual, partnership, firm, corporation, company, trust, association, or other legal entity. See Tennessee Code 43-8-301
• Person: includes any individual, partnership, corporation, company, society, association, or legal entity. See Tennessee Code 43-10-103
• Person: includes an individual, partnership, association, firm, and corporation. See Tennessee Code 43-11-103
• Person: means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. See Tennessee Code 43-8-102
• Pesticide: means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner shall declare to be a pest. See Tennessee Code 43-8-102
• Pesticide: means any substance or mixture of substances, or chemical intended for defoliating or desiccating plants, or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other form of plant or animal life the commissioner declares to be a pest. See Tennessee Code 43-8-301
• Pesticide: means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner shall declare to be a pest. See Tennessee Code 43-8-102
• Pilot: means any person flying an aircraft. See Tennessee Code 43-8-301
• Political subdivision: means any local government entity and includes, but is not limited to, any city, county or municipal government and any other body corporate and politic that is responsible for government activities in a geographic area smaller than the state. See Tennessee Code 43-11-103
• Private hearing: consists of a discussion of facts between the person charged and the enforcement officer. See Tennessee Code 43-10-103
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Purity: means the name or names of the kind, type or variety and the percentage of other crop seed. See Tennessee Code 43-10-103
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Registrant: means the person registering any pesticide pursuant to this part and part 2 of this chapter. See Tennessee Code 43-8-102
• Registrant: means the person who registers commercial fertilizer under this part. See Tennessee Code 43-11-103
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Screenings: includes seed, inert matter and other materials removed from agricultural or vegetable seed by cleaning or conditioning. See Tennessee Code 43-10-103
• Seed seller: means a person who buys, sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of agricultural or vegetable seeds for seeding purposes, and includes any person who has seed grown under contract for resale for seeding purposes. See Tennessee Code 43-10-103
• Seizure: means a legal process carried out by court order in which the department takes physical possession of a definite amount of seed. See Tennessee Code 43-10-103
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Ton: means a net weight of two thousand pounds (2,000 lbs. See Tennessee Code 43-11-103
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Treated: means given an application of a substance or subjected to a process designed to reduce, control or repel disease organisms, insects or other pests that attack seeds or seedlings growing therefrom, or to improve the planting value of the seed. See Tennessee Code 43-10-103
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Variety: means a subdivision of a kind that is:
  (A) Distinct, in the sense that the variety clearly differs by one (1) or more identifiable, morphological, physiological or other characteristics, which may include those evidenced by processing or product characteristics. See Tennessee Code 43-10-103
• Vegetable seeds: includes the seeds of those crops that are grown in gardens or truck farms and are generally known and sold under the name of vegetable seed in this state. See Tennessee Code 43-10-103
• Weed seeds: means the seeds, bulblets, or tubers of all plants generally recognized as weeds within this state and includes noxious-weed seeds. See Tennessee Code 43-10-103
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105