The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Controlling the pollination--A method of hybridization which will produce pure seed which is at least 75% hybrid seed.
  (2) Field--A parcel of land clearly defined by distinct boundary lines.
  (3) Hybrid seed--The first generation seed of a cross produced by controlling the pollination and by combining two or more inbred lines, one inbred or a single cross with an open pollinated variety, or two selected clones, seed lines, varieties, or species.
  (4) Kind--One or more related species or subspecies which singly or collectively is known by one common name (example: corn, oat, alfalfa, and timothy).
  (5) Off-type--A plant or seed which deviates in one or more characteristics from that which has been described in accordance with §10.2(b) of this title (relating to Eligibility of Varieties).
  (6) Open-pollinated seed--Seed produced as a result of natural pollination, as opposed to hybrid seed produced as a result of controlled pollination.
  (7) Seed Quality Program--A division of the Texas Department of Agriculture responsible for administering certification standards.
  (8) Select seed--A class of tree seed which shall be the progeny of rigidly selected trees or stands of untested parentage that have promise but not proof of genetic superiority, and further, for which geographic source and elevation shall be stated on the certification label.
  (9) Source-identified--A class of tree seed defined as seed from:
    (A) natural stands with known geographic source and elevation; or
    (B) a plantation of known geographic locations, as specified in the standards of the certifying agency.
  (10) Variant--Any seed or plant which:
    (A) is distinct within the variety but occurs naturally in the variety;
    (B) is stable and predictable with a degree of reliability comparable to other varieties of the same kind, within recognized tolerances, when the variety is reproduced or reconstituted;
    (C) was originally a part of the variety as released; and
    (D) is described as being part of the variety by the breeder (a variant is not an off-type).
  (11) Variety (cultivar)--A subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind.

Source Note: The provisions of this §10.1 adopted to be effective September 2, 1996, 21 TexReg 7955.