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
Part I - Administration of the Government
Title XIX - Agriculture and Conservation
Section 1a - Farming, Agriculture, Farmer; Definitions
Section 2 - Powers and Duties of the Department
Section 2b - Riding Schools or Stables; License; Fee; Rules and Regulations; Penalties
Section 2d - Liability of Persons Involved in Equine Activities
Section 4 - Trust Funds, Gifts or Bequests
Section 6 - Lectures and Publications
Section 7 - Posters Containing Extracts of Laws; Preparation and Distribution
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 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 15 - Duties of Employees of Department
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 25 - Appeal From Proposed Action
Section 26 - Proceedings After Appeal; Notice
Section 28 - Exemption of Gypsy and Brown Tail Moths
Section 29 - Penalties for Violation of Secs. 16 to 27
Section 31 - European Corn Borer Infestation; Hearing; Order; Publication
Section 31a - Disposition of Corn Stubble; Destruction; Postponement
Section 34 - Instructions as to Treatment of Diseased and Miskept Colonies; Destruction
Section 35 - Transportation of Bees and Bee Equipment; Certificate; Inspection; Fees
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 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 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 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 59 - Methods for Collection and Delivery of Samples for Analysis
Section 61 - Penalties; Certified Copy of Official Analysis as Prima Facie Evidence
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 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 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 79 - Violations; Penalties; Official Analysis as Prima Facie Evidence
Section 81 - Minor Violations; Reporting
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 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 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 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 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 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 119 - Annual License; Grounds for Denial of Application
Section 120 - Suspension, Revocation or Refusal to Renew License
Section 121 - Rulemaking Authority