Title 2, Chapter 11, Section 21
As used in this article, the term:
(1) "Advertisement" means all representations, other than those on
the label, disseminated in any manner or by any means, relating to
any seed within the scope of this article.
(2) "Agricultural seed" means the seeds of grass, forage, cereal,
oil, and fiber crops and any other kinds of seeds commonly
recognized within this state as agricultural seed, lawn seed, and
mixtures of such seeds and may include noxious weed seed when the
Commissioner of Agriculture determines that such seed is being
used as agricultural seed.
(3) "Bulk" means a volume of seed in a container larger than a
typical individual packaging unit for that kind, e.g., bulk bags
and boxes, bins, trucks, rail cars, or barges.
(4) "Coated or encrusted seed" means seed that has been covered by
a layer or layers of materials that obscure the original shape and
size of the seed resulting in a substantial weight increase. The
addition of biologicals, pesticides, identifying colorants, dyes,
polymers, and other ingredients can be included in this process.
(5) "Dormant seed" means viable seed, excluding hard seed, that
fail to germinate when provided the specified germination
conditions for the kind of seed in question.
(6) "Flower seed" means the 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 in this
(7) "Germination" means the emergence and development from the
seed embryo of those essential structures which, for the kind of
seed in question, are indicative of the ability to produce a
normal plant under favorable conditions.
(8) "Hard seed" means seed that remain hard at the end of the
prescribed test period because they have not absorbed water due to
an impermeable seed coat.
(9) "Hybrid" means the first generation of a cross produced by
controlling the pollination and by combining: (A) two or more
inbred lines; (B) one inbred or a single cross with another single
cross or with an open-pollinated variety; or (C) two varieties or
species, except open-pollinated varieties of corn (Zea mays) and
other open-pollinated crop kinds. The second generation or
subsequent generations from such crosses shall not be regarded as
hybrids. Hybrid designations shall be treated as variety names
and hybrids shall be labeled as hybrids.
(10) "Inert matter" means all matter that is not seed, which
includes but is not limited to broken seeds, sterile florets,
chaff, fungus bodies, and stones as determined by methods defined
by rule. The percent inert matter shall not exceed 3 percent for
hybrid field corn, nor 4 percent inert matter for other
agricultural crop seed, except as established by rule for special
crops. Inert matter will not include coating or pelleting
material, fertilizer, or mulch, for which there are no
(11) "Inoculated seed" means seed that has received a coating of a
preparation containing a microbial product, e.g., Rhizobium sp.
(12) "Kind" means one or more related species or subspecies which
singly or collectively are known by one common name, as, for
example, corn, oats, alfalfa, and cotton.
(13) "Labeling" means a tag or other written, printed, or graphic
representations on any container or accompanying any lot of bulk
seeds, including such representations as those on invoices,
purporting to set forth the information required on the seed label
by this article.
(14) "Lawn and turf" pertains to seeds of the grass family
(Poaceae) that are used within the industry for lawn and turf
(15) "Lot" means a definite quantity of seed identified by a lot
number or other mark, every portion or bag of which is uniform
within recognized tolerances for the factors which are required to
appear in the labeling.
(16) "Mixture," "mix," or "mixed" means seed consisting of more
than one kind or variety or both, each in excess of 5 percent by
weight of the whole.
(17) "Noxious weed seeds" include "prohibited noxious weed seeds"
and "restricted noxious weed seeds," as defined in subparagraphs
(A) and (B) of this paragraph, provided that the Commissioner of
Agriculture may, through the promulgation of regulations,
establish a list of seeds included under subparagraphs (A) and
(B), whenever the Commissioner finds that such seeds conform to
the respective definitions.
(A) "Prohibited noxious weed seeds" are those weed seeds that
are prohibited from being present in agricultural, vegetable,
flower, tree, or shrub seed. They are the seed of weeds that
are highly destructive and difficult to control by good cultural
practices and the use of herbicides.
(B) "Restricted noxious weed seeds" are those weed seeds that
are very objectionable in fields, lawns, and gardens of this
state but can be controlled by good cultural practice.
(18) "Other crop seed" means seed of plants grown as crops (other
than the kind or variety included in the pure seed) as determined
by methods defined by rule.
(19) "Pelleted seed" means coated or encrusted seed that also
improves the plantibility or singulation of the seed.
(20) "Person" means an individual, partnership, corporation,
company, association, receiver, trustee, or agent.
(21) "Private hearing" means a discussion of facts between the
person charged with a violation and representatives of the Georgia
Department of Agriculture.
(22) "Pure seed" means all seeds of each kind and variety under
consideration that are present in excess of 5 percent of the
whole. Kinds or varieties shown on a label as components of a
mixture in amounts 5 percent or less of the whole may be
considered pure seed when shown on a label as components of a
(23) "Record" means all information relating to the lot,
identification, source, origin, variety, amount, processing,
blending, testing, labeling, and distribution of the seed and
includes a file sample thereof.
(24) "Seed" means the true seeds of all field crops, vegetables,
flowers, trees, and shrubs, and any naturally occurring vegetative
propagule, excluding plant parts of hybrids.
(25) "Seizure" means a legal process carried out by court order
against a definite amount of seed.
(26) "Stop sale" means an administrative order provided by law
restraining the sale, use, disposition, and movement of a definite
amount of seed.
(27) "Treated" means seed that has received a minimal covering
according to the manufacturer's recommended rate of a substance or
process which is designed to reduce or control certain disease
organisms, insects, or other pests attacking such seed or
seedlings growing therefrom and the covering substance may contain
identifying colorants and dyes.
(28) "Tree and shrub seeds" means seeds of woody plants commonly
known and sold as tree or shrub seeds in this state.
(29) "Variety" means a subdivision of a kind that is distinct,
uniform, and stable; "distinct" in the sense that the variety can
be differentiated by one or more identifiable morphological,
physiological, or other characteristics from all other varieties
of public knowledge; "uniform" in the sense that the variations in
essential and distinctive characteristics are describable; and
"stable" in the sense that the variety will remain unchanged in
its essential and distinctive characteristics and its uniformity
when reproduced or reconstituted.
(30) "Vegetable seeds" means the seeds of those crops which are
grown in gardens and on farms and are generally known and sold
under the name of vegetable or herb seeds in this state.
(31) "Weed seeds" means the seeds of all plants generally
recognized as weeds within this state, and determined by methods
defined by rule, and includes the prohibited and restricted
noxious weed seeds.