Massachusetts General Laws
Chapter 128 - Agriculture
Section 84 - Definitions Applicable to Secs. 84 to 101

Section 84. The following words, as used in sections eighty-four to one hundred and one, inclusive, unless the context otherwise requires, shall have the following meanings:—
''Advertisement'', all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of said sections eighty-four to one hundred and one, inclusive.
''Agricultural seeds'', seeds of grass, forage, cereal, mangel beets, and fiber crops and any other kinds of seeds commonly recognized as agricultural, lawn or field seeds, and mixtures of such seeds, including seed potatoes.
''Certified'', ''Registered'', ''Foundation'', or any other terms conveying similar meaning when referring to seed, seed which has been produced, processed and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized certification agency.
''Director'', the director of the Massachusetts agricultural experiment station.
''Flower seeds'', seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts and commonly known and sold under the name of flower seeds.
''Hybrid'', the first generation seed of a cross produced under controlled pollination, the parents of which are each sufficiently uniform to permit repeated production of the hybrid without change in performance.
''Kind'', one or more related species or subspecies which, singly or collectively, is known by one common name, for example, corn, oats, alfalfa or timothy.
''Labeling'', all labels including invoices, or other written, printed or graphic representations, in any form, accompanying and pertaining to any seed whether in bulk or in containers.
''Lot'', a definite quantity of seed which is identified by the same lot number or other mark, each portion or container of which is representative of the whole quantity.
''Noxious-weed seeds'', shall include ''Prohibited noxious-weed seeds'' and ''Restricted noxious-weed seeds'', as hereinafter defined; provided that the commissioner may add to or subtract from the list of seeds included under either definition whenever he finds, after public hearing, that such addition or subtractions are or are not within the respective definitions.
''Officially recognized'', recognized and designated by the laws or regulations of the United States or any state, any province of Canada, or the government of any foreign country in which said seeds were produced.
''Prohibited noxious-weed seeds'', seeds or perennial weeds which not only reproduce by seed, but also spread by underground roots or stems and other reproductive parts and which, when established, are highly destructive and difficult to control by ordinary good cultural practice, including the seed of Canada thistle (Cirsium arvense), field bindweed (Convolvulus arvensis), and quack grass (Agropyron repens).
''Restricted noxious-weed seeds'', seeds of such weeds as are very objectionable in fields, lawns or gardens, but which can be controlled by good cultural practice; including the seeds of dodder (Cuscuta spp.), horsenettle (Solanum carolinense), wild mustards (Brassica spp.), limited to India mustard (B. juncea), charlock or wild mustard B. Kaber (B. arvensis), and black mustard (B. nigra), wild garlic and wild onion (Allium spp.), perennial sowthistle (Sonchus arvensis), corncockle (Agrostemma githago), buckhorn plantain (Plantago lanceolata), wild radish (Raphanus raphanistrum), bedstraw (Galium spp.) and annual bluegrass (Poa annua).
''Seed potatoes'', Irish potato and parts thereof grown for propagation purposes.
''Seizure'', a legal process carried out by court order against a definite amount of seed.
''Stop sale'', an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed.
''Treated'', seed that has received an effective process or application of a substance designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing therefrom, or for which a claim is made.
''Tree and shrub seeds'', seeds of woody plants commonly known and sold as tree or shrub seeds.
''Variety (Cultivar)'', a subdivision of a kind characterized by growth, yield, disease resistance, plant, flower, fruit, seed or other characteristics by which it can be differentiated under certain conditions from other plants of the same kind, including hybrid designations.
''Type'', a group of varieties (cultivars) so nearly similar that the individual varieties (cultivars) can not be clearly differentiated except under special conditions.
''Vegetable seeds'', seeds of those food crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds.
''Weed seeds'', the seeds of all plants generally recognized as weeds, including noxious-weed seeds.
The terms ''pure seed'', ''germination'', and other seed labeling and testing terms in common usage shall be defined as in the ''Rules for Testing Seeds'' published by the Association of Official Seed Analysts, effective October first, nineteen hundred and seventy, and as subsequently amended.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XIX - Agriculture and Conservation

Chapter 128 - Agriculture

Section 1 - Definitions

Section 1a - Farming, Agriculture, Farmer; Definitions

Section 2 - Powers and Duties of the Department

Section 2a - Horse Riding Instructors; Licenses; Fees; Validity of License; Duplicate Licenses; Rules and Regulations

Section 2b - Riding Schools or Stables; License; Fee; Rules and Regulations; Penalties

Section 2c - Horses Participating in Contests at Agricultural Fairs; Administering of Drugs Prohibited; Testing, Prima Facie Evidence; Eligibility Restricted; Rules and Regulations

Section 2d - Liability of Persons Involved in Equine Activities

Section 2e - Agricultural Harvesting or ''pick-Your-Own'' Farming Operations; Liability of Owners or Operators

Section 3 - Collection and Circulation of Information Regarding Development of Agricultural Resources

Section 4 - Trust Funds, Gifts or Bequests

Section 5 - Annual Report

Section 6 - Lectures and Publications

Section 7 - Posters Containing Extracts of Laws; Preparation and Distribution

Section 7a - Definitions

Section 7b - Use of Public Lands; Application; Indemnification

Section 7c - Priority in Allotment of Public Lands

Section 7d - Bureau Contracts for Use of Public Lands

Section 7e - Making Land Available to Bureau

Section 7f - Adoption of Rules and Regulations

Section 8a - Destruction or Control of Foxes and Rodents; Investigations; Cooperative Arrangements With United States

Section 8b - Supervision of Mink Ranches; Listing; Fee; Certificate; Penalty

Section 9 - Establishment of Demonstration Sheep Farms

Section 10 - Maintenance of Flock of Sheep on Demonstration Farm

Section 11 - Compensation From Commonwealth for Use of Farm as a Demonstration Sheep Farm

Section 12 - Powers and Duties of Division of Regulatory Services

Section 13 - Report of Unsanitary Condition

Section 13a - Reimbursement Following Dealer's Milk Payment Default

Section 13b - Dealer Payments Into Milk Producers Security Fund

Section 14 - Access by Department to Places or Vehicles Used in Manufacture, Storage or Sale of Dairy Products; Enforcement of Laws; Hindrance of Officer

Section 15 - Duties of Employees of Department

Section 16 - Entry Upon Public or Private Grounds for Purposes of Abating Serious Plant Diseases; Contracts

Section 17 - Inspection of Nurseries; Certificate; Suppression of Pests

Section 18 - Licensing of Nursery Agents; Application; Revocation

Section 19 - Sale of Nursery Stock; Grower's Certificate

Section 20 - Importation of Nursery Stock; Certificate of Inspection

Section 20a - Spread or Growth of Plants of Water Chestnut ≪i>(trapa Natans)

Section 21 - Inspection of Nursery Stock, Fruits and Plants at Points of Destination; Destruction; Notice to Director

Section 23 - Compensation for Destruction of Cultivated Berry-Bearing Shrubbery; Notice; Investigation; Arbitration; Award; Certification

Section 24 - Inspection of Orchards, Etc. for Noxious Weeds, Insect Pests or Plant Diseases; Notice to Landowners, Et al.; Abatement; Cost of Treatment

Section 25 - Appeal From Proposed Action

Section 26 - Proceedings After Appeal; Notice

Section 27 - Prohibition on Delivery Within the Commonwealth of Infested Nursery Stock, Fruit and Plants

Section 28 - Exemption of Gypsy and Brown Tail Moths

Section 29 - Penalties for Violation of Secs. 16 to 27

Section 30 - Prosecutions

Section 31 - European Corn Borer Infestation; Hearing; Order; Publication

Section 31a - Disposition of Corn Stubble; Destruction; Postponement

Section 32 - Inspection and Control of Bees; Chief Apiary Inspector; Duties; Preparation and Distribution of Literature on Bee Culture

Section 33 - Maintenance of Colony of Honey Bees in Hives in Which Brood Combs Are Fastened to Container; Diseased Bees

Section 34 - Instructions as to Treatment of Diseased and Miskept Colonies; Destruction

Section 35 - Transportation of Bees and Bee Equipment; Certificate; Inspection; Fees

Section 36 - Access by Inspector to Places Where Bees, Bee Supplies, Appliances or Equipment Are Kept; Inspection Cards

Section 36a - Records of Number and Locations of Colonies; Reports

Section 36b - Labeling and Sale of Honey; Restrictions

Section 36c - Maple Syrup and Maple Syrup Food Products; Labelling

Section 38 - Penalties for Violation of Secs. 33, 35, 36b and 36c

Section 38a - Establishment and Holding of Fairs

Section 38b - Massachusetts State Exposition Building Maintenance Fund

Section 38c - Agricultural Fairs; Facilities and Land Resources; Preservation and Rehabilitation

Section 40 - Trustees for County Cooperative Extension Service; Accounts; Director of Accounts; Annual Report

Section 41 - Selection of Directors; Terms

Section 42 - Receipt of Grants; Expenditure of Money; Power of Trustees

Section 43 - Instructors in Agriculture, Homemaking and Country Life

Section 44 - Preparation of Annual Budget

Section 44a - Suffolk County Annual Budget and Report; Tax Assessment

Section 45 - Acquisition of Land by Towns for Demonstration Work in Agriculture and Homemaking

Section 46 - Agricultural or Horticultural Societies; Exhibitions; Assignment of Police to Preserve Peace

Section 47 - Receipt of Department Reports by Farmers' Clubs; Annual Returns; Reports

Section 48 - Regulations for Preservation of Peace at Meetings or Exhibitions; Posting

Section 49 - Vendors, Gaming Activities, Shows or Plays Near Cattle Show, Fair or Exhibition; Gaming

Section 50 - Penalty for Violations of Sec. 49 or Regulations Established Under Sec. 48

Section 51 - Definitions Applicable to Secs. 52 to 63

Section 52 - Commercial Feed; Registration; Application; Changes in Guarantees; Hearing; Fee

Section 53 - Labels Affixed to Commercial Feed Containers or Accompanying Delivery in Bulk; Form and Content

Section 54 - Adulterated Feed, Defined

Section 55 - Restrictions on Distribution of Feed

Section 56 - Prohibited Acts or Omissions

Section 57 - Enforcement of Secs. 52 to 60; Prosecution of Violations; Hearing; Notice

Section 58 - Inspection of Commercial Feed Facilities and Vehicles; Warrant; Obtaining of Official Samples for Analysis and Forwarding of Results

Section 59 - Methods for Collection and Delivery of Samples for Analysis

Section 60 - Withdrawal of Commercial Feed From Sale; Release; Condemnation Proceedings; Seizure; Disposition

Section 61 - Penalties; Certified Copy of Official Analysis as Prima Facie Evidence

Section 62 - Publication of Pertinent Information and Data Concerning Commercial Feed; Results of Analysis; Confidential Status

Section 63 - Rules and Regulations Relative to Sale of Commercial Feed

Section 64 - Definitions Applicable to Secs. 65 to 83

Section 65 - Plant Nutrients or Beneficial Substances; Guarantees; Sources; Inspection and Analysis

Section 65a - Limitation on the Purchase and Application of Phosphorus Containing Fertilizer; Additional Regulations for the Limitation of Non-Point Source Pollution From Plant Nutrients

Section 66 - Licenses to Distribute Fertilizers; Registration of Specialty Fertilizers; Applications; Labels; Fees

Section 67 - Labeling of Containers of Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials; Contents

Section 68 - Registration and Inspection Fees for Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials

Section 69 - Statement of Tonnage Sold; Inspection Fee; Filing; Permit to Examine Books

Section 70 - Analysis of Fertilizers; Inspection and Taking of Samples; Publication of Results

Section 71 - Analysis Deficiencies; Penalties

Section 72 - Weight Deficiencies; Penalty

Section 73 - Determination and Publication of Values per Unit of Certain Nutrients in Fertilizers

Section 74 - False or Misleading Labeling of Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials; Deleterious or Harmful Ingredients

Section 75 - Rules and Regulations; Effectiveness; Violations; Prosecution, Restriction

Section 76 - Misleading or Deceptive Practices; Violations; Refusal or Cancellation of Certificate

Section 77 - Analysis of Samples

Section 78 - Nonconforming Products; Violations; Withholding From Sale; Release; Condemnation; Seizure; Disposal

Section 79 - Violations; Penalties; Official Analysis as Prima Facie Evidence

Section 80 - Publication of Information Concerning Fertilizers, Soil Conditioners and Agricultural Liming Materials

Section 81 - Minor Violations; Reporting

Section 82 - Rules and Regulations Relative to the Sale of Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials

Section 83 - Exempt Transactions

Section 84 - Definitions Applicable to Secs. 84 to 101

Section 85 - Sale of Seeds; Labeling or Tagging Containers; Required Information

Section 86 - Sale of Seeds; Labeling or Tagging Containers; Variety or Cultivar Designation

Section 87 - Vegetable Seeds; Labeling or Tagging Containers; Required Information

Section 88 - Flower Seeds; Labeling Containers; Required Information

Section 89 - Tree and Shrub Seeds; Labeling Containers; Required Information

Section 90 - Sale of Seeds; Percentage of Germination; Labeling; False Advertisements; Noxious Weed Seeds

Section 91 - Defacing or Destroying Labels; False Advertising; Prohibited Sales

Section 92 - Application of Secs. 85 to 91

Section 93 - Exemption From Penalty of Sec. 100; Limitations

Section 94 - Enforcement; Prosecutions

Section 95 - Access for Inspection; Taking Samples for Tests and Analyses; Cooperation With United States Department of Agriculture; Withholding Seeds From Sale

Section 96 - Seizure and Condemnation; Court Proceedings

Section 97 - Tests and Analyses; Reports; Publication of Results

Section 98 - Seed Germination Standards; Enforcement

Section 99 - Purity and Germination Tests; Fees; Disposition

Section 100 - Penalty

Section 101 - Sale of Seed Potatoes Restricted; Waiver; Penalty

Section 102 - Marketing and Promotion of Apples; Purpose and Policy

Section 103 - Definitions Applicable to Secs. 102 to 115

Section 104 - Marketing Agreements; Approval

Section 105 - Marketing Orders; Issuance; Notice and Hearing; Amendment or Termination of Orders

Section 106 - Budgets for Marketing Orders or Agreements; Cooperation With Other States and Federal Government

Section 107 - Collection of Assessments

Section 108 - Marketing Agreements or Orders; Provisions

Section 109 - Temporary Suspension of Marketing Orders or Agreements; Notice and Hearing

Section 110 - Economic Factors

Section 111 - Effect of Marketing Agreements or Marketing Orders; Execution or Issuance of One Without Other; Concurrent Hearings

Section 112 - Issuance, Amendment or Termination of Marketing Orders; Deposit to Defray Expenses; Reimbursement

Section 113 - Assessments Held in Trust; Disbursements; Refunds; Reports

Section 114 - Advisory Board Established With Marketing Order; Membership; Expenses; Duties

Section 115 - Rules and Regulations; Promulgation; Actions to Enforce Compliance; Injunctions; Costs

Section 116 - Definitions Applicable to Secs. 117 to 123

Section 117 - Industrial Hemp; Regulation; Acquisition of Seed

Section 118 - Purposes for Which Industrial Hemp May Be Planted, Grown, Harvested, Possessed, Processed or Sold; Registration and Licensure

Section 119 - Annual License; Grounds for Denial of Application

Section 120 - Suspension, Revocation or Refusal to Renew License

Section 121 - Rulemaking Authority

Section 122 - Inspection and Testing Program

Section 123 - Fines; Appeals

Section 124 - Enforcement of Federal Standards Related to Growing, Harvesting, Packing and Holding of Produce for Human Consumption