199.1 - DEFINITIONS.
199.1 DEFINITIONS.
For the purpose of this chapter or as used in labeling of seed:
1. "Advertisement" means all representations, other than
those on the label, relating to seed within the scope of this
chapter.
2. "Agricultural seed" means grass, forage, cereal, oil,
fiber, and any other kind of crop seed commonly recognized within
this state as agricultural seed, lawn seed, vegetable seed, or seed
mixtures. Agricultural seed may include any additional seed the
secretary designates by rules.
3. "Certifying agency" means an agency authorized under the
laws of a state, territory, or possession to officially certify seed
and which has standards and procedures approved by the United States
secretary of agriculture to assure genetic purity and identity of the
seed certified, or an agency of a foreign country determined by the
United States secretary of agriculture to adhere to the procedures
and standards for seed certification comparable to those adhered to
generally by seed certifying agencies in the United States.
4. "Coated seed" means seed that has been encapsulated or
covered with a substance other than those defined as "inoculated
seed" or "treated seed". Pelleted seed is a subclass of
"coated seed".
5. "Conditioning" means cleaning to remove chaff, sterile
florets, immature seed, weed seed, inert matter, and other crop seed;
scarifying; blending to obtain uniform quality; or any other
operation which may change the purity or germination of the seed and
require retesting to determine the quality of the seed.
6. "Cultivar" or "variety" means a cultivated subdivision
of a kind of plant that may be characterized by growth habits, fruit,
seed, or other characteristics, by which it can be differentiated
from other plants of the same kind.
7. "Hybrid" means the first generation seed produced by
controlled pollination of two inbred lines to produce a single cross;
an inbred line and a single cross of two unrelated inbred lines to
produce a three-way cross; an inbred line and a single cross of two
related lines to produce a modified single cross; two single crosses
to produce a double cross; an inbred line or a single cross with an
open-pollinated or synthetic cultivar to produce a modified cultivar
cross; or a cross of two open-pollinated or synthetic cultivars to
produce a cultivar cross. The second or subsequent generation from
such crosses are not hybrids. Hybrid designations shall be treated
as cultivar names.
8. "Inoculant for leguminous plants" means a bacterial
culture, or material containing bacteria, that is represented as
causing the formation of nodules and aiding the growth of leguminous
plants by the fixation of nitrogen.
9. "Inoculated seed" means seed to which has been added a
substance containing the cells, spores or mycelia of microorganisms
for which a claim is made.
10. "Kind" means one or more related species or subspecies
which singly or collectively are known by one common name.
11. "Labeling" means all labels and other written, printed,
or graphic representations, in any form, accompanying and pertaining
to seed, whether in bulk or in containers, and includes invoices.
12. a. "Local governmental entity" means any political
subdivision, or any state authority which is not any of the
following:
(1) The general assembly.
(2) A principal central department as enumerated in section 7E.5,
or a unit of a principal central department.
b. "Local governmental entity" includes but is not limited to
a county, special district, township, or city as provided in title IX
of this Code.
13. "Local legislation" means any ordinance, motion,
resolution, amendment, regulation, or rule adopted by a local
governmental entity.
14. "Mixture" or "blend" means a combination of seed of
more than one kind or variety if present in excess of five percent of
the whole.
15. "Multiline cultivar" means a planned combination of two
or more near-isogenic lines of a normally self-fertilizing kind of
crop.
16. "Noxious weed seed" shall be divided into two classes,
"primary noxious weed seed" and "secondary noxious weed seed"
which are defined in paragraphs "a" and "b" of this
subsection. The secretary, upon the recommendation of the dean of
agriculture, Iowa state university of science and technology, shall
adopt as a rule, after public hearing, pursuant to chapter 17A, the
list of seed classified as "primary noxious weed seed" and
"secondary noxious weed seed".
a. "Primary noxious weed seed" are the seed of perennial
weeds that reproduce by seed and by underground roots or stems and
which, when established, are highly destructive and difficult to
control in this state by good cultural practices. For the purpose of
this chapter and the sale of seed, primary noxious weeds in this
state are the seeds of:
(1) Quack grass -- Agropyron repens (L.) Beauv.
(2) Canada thistle -- Cirsium arvense (L.) Scop.
(3) Perennial sow thistle -- Sonchus arvensis L.
(4) Perennial pepper grass (hoary cress) -- Cardaria draba (L.)
Desv.
(5) European morning-glory (field bindweed) -- Convolvulus
arvensis L.
(6) Horse nettle -- Solanum carolinense L.
(7) Leafy spurge -- Euphorbia esula L.
(8) Russian knapweed -- Centaurea repens L.
b. "Secondary noxious weed seed" are the seed of weeds that
are very objectionable in fields, lawns, or gardens in this state,
but can be controlled by good cultural practices. For the purpose of
this chapter and the sale of seed, the secondary noxious weed seeds
in this state are the seeds of:
(1) Wild carrot -- Daucus carota L.
(2) Sour dock (curly dock) -- Rumex crispus L.
(3) Smooth dock -- Rumex altissimus Wood.
(4) Sheep sorrel (red sorrel) -- Rumex
acetosella L.
(5) Butterprint (velvet leaf) -- Abutilon
theophrasti Medic.
(6) Mustards -- Brassica juncea (L.) Coss.,
Sinapis arvensis L. and B. nigra (L.) Koch.
(7) Cocklebur -- Xanthium strumarium L.
(8) Buckhorn -- Plantago lanceolata L.
(9) Dodders -- Cuscuta species.
(10) Giant foxtail -- Setaria faberii Herrm.
(11) Poison hemlock -- Conium maculatum.
(12) Wild sunflower -- Wild strain of
Helianthus annus (L.).
(13) Puncture vine -- Tribulus terrestris.
17. "Permit holder" is a person who has obtained a permit
from the department as required under sections 199.15 and 199.16.
18. "Person" means an individual, partnership, corporation,
company, society, or association.
19. "Purity" means the pure seed percentage by weight,
exclusive of inert matter and of other agricultural or weed seed
which are distinguishable by their appearance from the crop seed in
question.
20. "Record" means all information relating to a shipment of
agricultural seed and includes a file sample of each lot of seed.
21. "Registered seed technologist" is a person who has
attained registered membership in the society of commercial seed
technologists through qualifying tests and experience as required by
this society.
22. "Tolerance" means the allowable deviation from any figure
used on a label to designate the percentage of any component or the
number of seeds given for the lot in question and is based on the law
of normal variation from a mean. The secretary shall prepare tables
of tolerances allowable in the enforcement of this chapter and may be
guided in the preparation by the regulations under the federal Seed
Act, 7 C.F.R. § 201.59 et seq.
23. "Treated seed" means agricultural seed that has been
given an application of a substance, or subjected to a procedure, for
which a claim is made or which is designed to reduce, control or
repel disease organisms, insects, or other pests which attack seed or
seedlings.
24. "Vegetable seed" means the crops which are grown in
gardens or truck farms and are generally sold under the name of
vegetable or herb seed in this state.
25. "Weed seed" means the seed of all plants listed as weeds
in this chapter or listed as weeds in the rules of the department or
commonly recognized as weeds in this state.
26. The Iowa secretary of agriculture shall, by rule, define the
terms "breeder", "foundation", "registered",
"certified", and "inbred", as used in this chapter. &n>Section History: Early Form
[S13, § 5077-a14--a17; C24, 27, 31, § 3127, 3128; C35, § 3137-e1;
C39, § 3127, 3128, 3137.1; C46, 50, 54, 58, 62, 66, 71, 73, 75,
77, 79, 81, § 199.1, 199.5; 82 Acts, ch 1191, § 1] Section History: Recent Form
2005 Acts, ch 21, §2; 2009 Acts, ch 41, §211
Referred to in § 199.5, 570A.1, 717A.1
Weeds, chapter 317
Further definitions, see § 189.1