(1) "Agricultural seed" means fiber, forage and grass crop seed and any other kind of seed or bulblet commonly recognized in this state as agricultural seed or as lawn or turf seed, and mixtures of any of such seeds, as may be determined by the Director of Agriculture.

(2) "Certified," as applied to bulblets, tubers or horticultural plants or to agricultural, cereal grain, flower or vegetable seed, means inspected and labeled by and in accordance with the standards and rules and regulations adopted by the dean under ORS 633.620 or in accordance with similar standards established by some similar regularly constituted authority in another state or country.

(3) "Conditioner" means any person who cleans, blends, bags or stores seed.

(4) "Dean" means the dean of the College of Agricultural Sciences of Oregon State University, or agent.

(5) "Director" means the Director of Agriculture, or agent.

(6) "Flower seed" means seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold in this state under the name of flower or wildflower seeds.

(7) "Inert matter" includes stones, dirt, leafage, stems, badly broken seed and masses of spores.

(8) "Labeling" includes all labels and other printed, written or graphic representations in any form on the container of any seeds or accompanying or pertaining to any seeds, whether in bulk or in containers, and includes representations on invoices.

(9) "Mixed seed" and "mixture" mean any lot of seed that contains in excess of five percent by weight of each of two or more kinds or varieties of agricultural, flower or vegetable seed.

(10) "Other crop seed" means that part of any lot or sample of seed that consists of agricultural, cereal grain, flower or vegetable seeds other than those named on the label.

(11) "Percentage of germination" means the percentage of pure seed of a lot or sample that produces satisfactory sprouts before the close of a standard germination test as prescribed pursuant to ORS 633.580.

(12) "Percentage of hard seed" means the percentage of pure seed of any lot or sample that remains in its normal hard condition at the close of a standard germination test as prescribed pursuant to ORS 633.580.

(13) "Prohibited noxious weed seed" means the seed of weeds that when established are highly destructive, competitive and difficult to control by ordinary good cultural practice.

(14) "Pure seed" means the agricultural, flower or vegetable seed of which there is the largest percentage by weight in any unmixed lot or sample and, in the case of mixtures, includes any agricultural, flower or vegetable seed consisting of not less than five percent by weight of the kind or kinds of seed under consideration, as distinguished from other crop seed, weed seed and inert matter.

(15) "Restricted noxious weed seed" means the seed of such weeds as are very objectionable in fields, lawns and gardens but can be controlled by good cultural practice.

(16) "Retailer" means any person who sells, offers or holds for sale, agricultural, flower or vegetable seed to ultimate consumers or users for planting purposes.

(17) "Vegetable seed" means the seed of those crops usually grown in Oregon in gardens or on truck farms or for canning and freezing purposes and generally known and sold under the name of vegetable seed.

(18) "Weed seed" means any seed or bulblets other than agricultural, cereal grain, flower or vegetable.

(19) "Wholesaler" means any person who sells, offers or holds for sale or contracts to obtain the production of, agricultural, flower or vegetable seed to retailers, distributors, brokers or other wholesalers for resale. [1955 c.379 §2; 1969 c.132 §1; 1977 c.625 §1; 1981 c.196 §1; 1995 c.79 §323; 1995 c.371 §1; 2003 c.14 §382; 2007 c.281 §1; 2011 c.356 §14]