8 Colo. Code Regs. § 1203-6, pt. 1

Current through Register Vol. 48, No. 1, January 10, 2025

Part 1 - DEFINITION AND CONSTRUCTION OF TERMS

1.1. As used in these rules, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. All terms used in these rules shall have the meaning set forth for such terms in the Act.

1.2. As used in these rules, unless the context otherwise requires:

(a) "Adulterated" refers to

(1) Any seed whose purity deviates beyond the accepted tolerances from the professed purity stated on its labeling or under which it is sold; or

(2) Any seed whose components or their relative proportions differ from those stated on its labeling; or

(3) Any substance which has been substituted wholly or in part for a seed; or

(4) Any seed from which any valuable constituent has been wholly or partly abstracted; or

(5) Any seed in which any contaminant is present in an amount which is determined by the Commissioner to be a hazard.

(b) "Agricultural seed" means: the seed of grass, forage, cereal, and fiber crops; and other kinds of seeds commonly recognized within this state as agricultural, field, or turf seeds; and mixtures of such seeds.

(c) "Engaged in the business of conditioning seed" means: conditioning seed in Colorado in return for money or anything of value, including goods or services.

(d) "Engaged in the business of labeling seed" means: labeling seed for sale in Colorado in return for money or anything of value, including goods or services.

(e) The term "farmer seed labeler" is limited to those persons who label only the seed produced for sale in Colorado on property in Colorado owned or rented by such person or such person's employer. Any person who labels, in addition to seed produced for sale in Colorado on property in Colorado owned or rented by such person or such person's employer, other seed is a "seed labeler".

(f) "Hybrid seed" means: the first generation seed of a cross produced by controlling the pollination and by combining (1) two or more inbred lines; (2) one inbred or a single cross with an open-pollinated variety; or (3) two varieties or species, except open-pollinated varieties of corn (Zea mays). The second generation and subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.

(g) The term "misbranded" shall apply:

(1) To any seed if it's labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

(2) To any seed:

(I) If it is an imitation of or is offered for sale under the name of another seed;

(II) If any word, statement, or other information required by this article or rules adopted under this article to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(h) "Mixture" means: seed consisting of more than one kind, each in excess of five percent by weight of the whole.

(i) "Produces seed for sale" means: producing seed for exchange in Colorado for money or anything of value, including goods or services.

(j) "Tetrazolium Test (TZ)": a biochemical seed viability test using the compound 2,3,5 triphenyl tetrazolium chloride (TTC), as specified in Part II, Tetrazolium Testing Handbook, Contribution Number 29, to the handbook on Seed Testing, prepared by the Tetrazolium Subcommittee of the Association of Official Seed Analysts, (October 2010) . (As to incorporation of materials see Part 14.)

8 CCR 1203-6, pt. 1

42 CR 13, July 10, 2019, effective 7/30/2019

43 CR 05, March 10, 2020, effective 3/30/2020

43 CR 19, October 10, 2020, effective 10/30/2020