Terms Used In Virginia Code > Title 3.2 > Subtitle III > Chapter 40 > Article 1 - Seeds

• Advertisement: means any representation relating to seed within the scope of this article that is not also required labeling. See Virginia Code 3.2-4000
• Affiliate: means an individual or business that controls, is controlled by, or is under common control with another individual or business. See Virginia Code 2.2-4301
• Agricultural seed: means seeds of grass, forage, cereal, and fiber crops; any other seed commonly recognized as agricultural seed; and any lawn seed, turf seed, and mixtures thereof (including any noxious-weed seeds that may be present). See Virginia Code 3.2-4000
• Aircraft: means any contrivance now known, or hereafter invented, used, or designed for navigation of or flight in the air, including a balloon or other contrivance designed for maneuvering in airspace at an altitude greater than 24 inches above ground or water level, except that any contrivance now or hereafter invented of fixed or flexible wing design, operating without the assistance of any motor, engine, or other mechanical propulsive device, which is designed to utilize the feet and legs of the operator or operators as the sole means of initiating and sustaining forward motion during the launch and of providing the point of contact with the ground upon landing and commonly called a "hang glider" shall not be included within this definition. See Virginia Code 5.1-1
• Airport: means any area of land or water which is used, or intended for public use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, easements and together with all airport buildings and facilities located thereon. See Virginia Code 5.1-1
• 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
• Blend: means a mechanical combination of varieties of the same kind that is identified by a blend designation and is always present in the same percentages in each lot so designated. See Virginia Code 3.2-4000
• Board: means the Virginia Aviation Board. See Virginia Code 5.1-1
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Brand: means the name, term, design, or trademark of seed offered for sale. See Virginia Code 3.2-4000
• Business: means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit. See Virginia Code 2.2-4301
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• Code designation: means an identification assigned by the U. See Virginia Code 3.2-4000
• Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditioning: means any process of cleaning, scarifying, treating, or blending seed that changes the purity or germination of the seed. See Virginia Code 3.2-4000
• Construction: means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property. See Virginia Code 2.2-4301
• Contract: A legal written agreement that becomes binding when signed.
• Controlled conditions: means minimum seed stock standards established by regulation. See Virginia Code 3.2-4000
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Aviation. See Virginia Code 5.1-1
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Dormant seed: means viable seed other than hard seed that fails to germinate when provided the specified germination conditions. See Virginia Code 3.2-4000
• Drop zone: means any locality whether over land or water that is used, or intended for use, for the landing and recovery of sky divers or parachutists using a parachute or other contrivance designed for sport jumping. See Virginia Code 5.1-1
• 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.
• Flower seed: means any seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts; any other seeds commonly recognized as flower seeds; and any seeds designated as flower seeds by regulations. See Virginia Code 3.2-4000
• foundation seed: means seed produced and labeled in compliance with the procedures and requirements of an official certifying agency of a state, the United States, a province of Canada, or the government of a foreign country where the seed was produced. See Virginia Code 3.2-4000
• Germination: means the percentage, by count, of seeds under consideration capable of producing normal seedlings in a given period of time and under conditions specified by regulations. See Virginia Code 3.2-4000
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means all material, equipment, supplies, printing, and automated data processing hardware and software. See Virginia Code 2.2-4301
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guarantor: means the person whose name appears on the label. See Virginia Code 3.2-4000
• Hard seed: means seeds that do not absorb moisture and germinate, thus remaining hard during the period prescribed for germination by regulations. See Virginia Code 3.2-4000
• Hybrid: means the first generation seed of a cross produced by controlling pollination or using sterile lines and combining: (i) two, three, or four inbred lines; (ii) one inbred line, or a single cross, with an open-pollinated variety; or (iii) two varieties or species, except open-pollinated varieties of corn. See Virginia Code 3.2-4000
• in bulk: means loose seed in bins or other containers, but not bags or packets. See Virginia Code 3.2-4000
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
• Inbred line: means a relatively stable and pure breeding strain resulting from: (i) four or more successive generations of controlled self-pollination; or (ii) four successive generations of backcrossing male sterile lines. See Virginia Code 3.2-4000
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Inert matter: means all matter not seeds and includes broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods prescribed by regulations. See Virginia Code 3.2-4000
• 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 related species or subspecies known by a common name including wheat, oats, hairy vetch, white sweet clover, cabbage, and cauliflower. See Virginia Code 3.2-4000
• Labeling: means all labels, tags, and any other written, printed, or graphic statements or representations (including representations on invoices) in any form pertaining to any seed. See Virginia Code 3.2-4000
• landing field: means any locality, whether over land or water, including airports and intermediate landing fields, which is used or intended to be used for the landing and takeoff of aircraft and open to the public for such use, whether or not facilities are provided for the sheltering, servicing, or repair of aircraft or for receiving or discharging passengers or cargo. See Virginia Code 5.1-1
• Lawn and turf seed: means seeds of grasses commonly recognized and sold for lawns or other areas where turf is grown for beautification or erosion control. See Virginia Code 3.2-4000
• Lawn or turf seed mixture: means two or more kinds of agricultural seeds that are combined and sold for lawns or other areas where turf is grown for beautification or erosion control. See Virginia Code 3.2-4000
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Lot: means a definite quantity of seed that is identified by a number or other identification and is uniform throughout for the factors appearing on the label. See Virginia Code 3.2-4000
• Mixture: means seeds consisting of more than one kind or variety, when claimed or present, in excess of five percent of the whole. See Virginia Code 3.2-4000
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Noxious-weed seed: means prohibited noxious-weed seeds and restricted noxious weed seeds. See Virginia Code 3.2-4000
• offeror: means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required. See Virginia Code 2.2-4301
• Origin: means the state, territory, foreign country, or designated portion thereof, where the seed was grown. See Virginia Code 3.2-4000
• 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.
• Person: means any individual, corporation, government, political subdivision of the Commonwealth, or governmental subdivision or agency, business trust, estate, trust, partnership, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Virginia Code 5.1-1
• Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Public body: means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this chapter. See Virginia Code 2.2-4301
• Public contract: means an agreement between a public body and a nongovernmental source that is enforceable in a court of law. See Virginia Code 2.2-4301
• Pure seed: means agricultural or vegetable seed exclusive of inert matter and other seeds distinguishable from the kind, or kind and variety, being considered. See Virginia Code 3.2-4000
• Quantity statement: means the net weight (mass), net volume (liquid or dry), count, or other form of measurement of a commodity. See Virginia Code 3.2-4000
• Registrant: means the person registering a lawn or turf seed mixture pursuant to this article. See Virginia Code 3.2-4000
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restricted noxious-weed seed: means weed seeds that are very objectionable in fields, lawns, and gardens and are difficult to control by common practices. See Virginia Code 3.2-4000
• Sale: means the transfer of ownership of seed as evidenced by the exchange of payment or seed, in whole or in part. See Virginia Code 3.2-4000
• Screenings: means seed, inert matter, and other materials removed from agricultural seed or vegetable seed by cleaning or conditioning. See Virginia Code 3.2-4000
• Services: means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. See Virginia Code 2.2-4301
• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
• Tolerance: means the allowable deviation from any figure used on a label to designate the percentage of any fraction or rate of occurrence in the lot and is based on the law of normal variation from a mean. See Virginia Code 3.2-4000
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Transgenetic: means any plant material or seed that has undergone the transfer of a gene from one genera to another. See Virginia Code 3.2-4000
• Treated: means seed that has received an effective application of: (i) a generally approved substance; (ii) a process designed to control or repel certain disease organisms, insects, or other pests; or (iii) any other treatment to improve its planting value. See Virginia Code 3.2-4000
• Turf: means the same as that term is defined in § 3. See Virginia Code 3.2-4000
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• Variety: means a subdivision of a kind characterized by growth, plant, fruit, seed, or other characteristics that distinguish it from other plants of the same kind. See Virginia Code 3.2-4000
• Vegetable seed: means seeds of crops grown in gardens and on truck farms commonly recognized as vegetable seed and designated by regulations. See Virginia Code 3.2-4000