{"data":{"id":"us-ky/krs-250.021","jurisdiction":"us-ky","citation":"KRS 250.021","heading":"Definitions for KRS 250.021 to 250.111.","body":"As used in KRS 250.021 to 250.111, unless the context requires otherwise:\n(1) \"Advertised\" means all representations, other than those on the label, disseminated\nby the public press, circular, catalog, or other media, relating to agricultural,\nvegetable, o r flower seed, or combination seed, mulch, and fertilizer products\nwithin the scope of KRS 250.021 to 250.111;\n(2) \"Agricultural seed\" includes grass, forage, cereal, oil, fiber, tobacco, and other kinds\nof crop seed commonly recognized within Kentucky as agricultural seed, lawn seed,\nand combinations of these seed. Regardless of the name used to describe seed, the\nproduct shall be seed if its intended use is for plant production;\n(3) \"Blend\" means seed consisting of more than one (1) variety of a kind, eac h in\nexcess of five percent (5%) by weight of the whole;\n(4) \"Brand\" means a word, name, symbol, number, or design used to identify seed of\none (1) person to distinguish it from seed of another person;\n(5) \"Certified seed\" means seed for which a certificate or any other instrument has been\nissued by an agency authorized under the laws of a state, territory, or possession to\nofficially certify seed and which has standards and procedures approved by the\nUnited States Secretary of Agriculture to assure the gen etic purity and identity of\nthe seed certified;\n(6) \"Certified custom seed conditioner\" means a person who has been approved by the\nKentucky Seed Improvement Association (KSIA) to condition seed for distribution\nas certified seed;\n(7) \"Certified seed growe r\" means a person who has been approved by the Kentucky\nSeed Improvement Association to produce seed to be sold as Kentucky certified\nseed;\n(8) \"Certifying agency\" means:\n(a) An agency authorized under the laws of a state, territory, or possession to\nofficially certify seed and which has standards and procedures approved by the\nUnited States Secretary of Agriculture to assure the genetic purity and identity\nof the seed certified; or\n(b) An agency of a foreign country determined by the United States Secretar y of\nAgriculture to adhere to procedures and standards for seed certification\ncomparable to those adhered to generally by seed certifying agencies under\nparagraph (a) of this subsection;\n(9) \"Conditioning\" means drying, cleaning, applying seed treatment, s carifying, and\nother operations which could change the purity or germination of the seed;\n(10) \"Crop seed\" means seed of crop plants other than the kind or variety included in the\npure seed;\n(11) \"Distribute\" means to consign, offer for sale, sell, adverti se for sale, barter, or\notherwise supply agricultural seed;\n(12) \"Distributor\" means any person who distributes agricultural seed;\n(13) \"Dormant\" means seed, excluding hard seed, which fail to germinate, even though\nviable, when provided the specified germination conditions for the kind of seed in\nquestion;\n(14) \"Flower seed\" includes seed of herbaceous plants grown for their blooms,\nornamental foliage, or other ornamental parts, and commonly known and sold under\nthe name of flower seed or wildflower seed, except for seed which have been placed\non the Kentucky noxious weed seed list;\n(15) \"Germination\" means the emergence and development fr om the seed embryo of\nthose essential structures which, for the kind of seed in question, indicate the ability\nto produce a normal plant under favorable conditions;\n(16) \"Hard seed\" means seed which remain hard at the end of the prescribed test period\nbecause they have not absorbed water due to an impermeable seed coat;\n(17) \"Hybrid\" means the first generation seed of a cross produced by controlling the\npollination and by combining:\n(a) Two (2) or more inbred lines;\n(b) One (1) inbred or a single cross with an open-pollinated variety; or\n(c) Two (2) varieties or species, excluding open-pollinated varieties of corn;\nand excludes the second generation or subsequent generations from those crosses;\n(18) \"Inert matter\" means all matter not seed, including broken seed, sterile florets, chaff,\nfungus bodies, and stones;\n(19) \"Innoculant\" means a formulation containing nitrogen -fixing bacteria which is\napplied as a treatment to legume seed to increase the nitrogen -fixing capabilities of\nthe plants produced from the seed;\n(20) \"Inspection fee\" means a fee, based on volume or value of product distributed,\ncollected by the director from permit holders in Kentucky;\n(21) \"Kind\" means one (1) or more related species or subspecies which singly or\ncollectively is known by one (1) common name, for example, corn, oats, alfalfa, and\ntimothy;\n(22) \"Label\" includes a tag or other device attached to or written, stamped, or printed on\nany container of seed or accompanying any lot of bulk seed purporting to set forth\nthe information required on the seed label by KRS 250.021 to 250.111, and it may\ninclude other information relating to the labeled seed;\n(23) \"Lot\" means a definite quantity of seed identified by a number or other mark, every\nportion or bag of which is uniform within reco gnized tolerances for the factors\nwhich appear in the labeling;\n(24) \"Mixture\" means seed consisting of more than one (1) kind, each in excess of five\npercent (5%) by weight of the whole;\n(25) \"Mulch\" means a protective covering of any suitable substance p laced with seed\nwhich acts to retain moisture to support seed germination and sustain early seedling\ngrowth and aid in the prevention of the evaporation of soil water, the control of\nweeds, and the prevention of erosion;\n(26) \"Noncertified custom seed cond itioner\" means a person other than a certified seed\nconditioner who conditions agricultural seed which is to be distributed;\n(27) \"Noxious weed seed\" means one (1) of two (2) classes:\n(a) \"Prohibited noxious weed seed\" means those weed seed which are prohi bited\nfrom being present in agricultural, vegetable, or flower seed, and are seed of\nweeds which are highly destructive and difficult to control; or\n(b) \"Restricted noxious weed seed\" means those weed seed which are\nobjectionable in agricultural crops, law ns, or gardens of Kentucky, but which\ncan be controlled using conventional methods;\n(28) \"Pelleted seed\" means seed coated with a layer of inert materials that may obscure\nthe original shape and size of the seed resulting in a substantial weight increase a nd\nimproved plantability. The addition of polymers, biologicals, pesticides, identifying\ncolorants or dyes, or other ingredients may be included in the pelleting material;\n(29) \"Permit holder\" means a person who has obtained a permit from the director to label\nagricultural, vegetable, or flower seed; or combination mulch, seed, and fertilizer\nproducts distributed in Kentucky and whose name and address is required to appear\non labels of those products distributed in Kentucky as a condition for obtaining the\npermit;\n(30) \"Person\" means an individual, partnership, company, corporation, or other type of\nbusiness establishment;\n(31) \"Pure seed\" means seed exclusive of inert matter and all other seed not of the kind\nor variety being considered;\n(32) \"Informal hearing\" means a discussion of facts between the person involved in an\napparent law violation and the director;\n(33) \"Record\" means information which relates to the origin, treatment, germination,\npurity, kind, and variety of each lot of seed sold. The informa tion shall include seed\nsamples and documents showing declarations, labels, purchases, sales, conditioning,\nbulking, treatment, handling, storage, analyses, tests, or examinations;\n(34) \"Retail agricultural seed dealer\" means a person who engages in the business of\ndistributing agricultural seed in containers or bulk units of forty (40) pounds or\nmore;\n(35) \"Seizure\" means a legal process carried out by court order against a specified see d\nlot;\n(36) \"Stop sale\" means an administrative order provided by law, which restrains the\ndistribution of a specified seed lot;\n(37) \"Treated seed\" means seed which has received an application of a substance or has\nbeen subjected to a process for which a claim is made;\n(38) \"Variety\" means a subdivision of a species which is distinct, uniform, and stable;\ndistinct in the sense that the variety can be differentiated by one (1) or more\nidentifiable morphological, physiological, or other characteristics from all other\npublicly known varieties; uniform in the sense that the variations in essential and\ndistinctive characteristics are describable; and stable in the sense that the variety\nwill remain unchanged in its essential and distinctive characteristics and i ts\nuniformity when reproduced or reconstituted as required by the different categories\nof varieties; and\n(39) \"Vegetable seed\" means the seed of those crops which are grown in gardens and on\ntruck farms and are generally known and sold under the name of ve getable or herb\nseed in Kentucky.","path":["KRS Chapter 250"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45019","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:02Z","sha256":"7b37b2e98ab97a3fcaf00c7160ba881f7c08a25e462469c6f73e06dd7c41af80","source_id":"us-ky","stale":false,"prev":"us-ky/krs-250.020","next":"us-ky/krs-250.022"},"notice":"GroundRules: Original legal text. Not legal advice."}