In addition to the definitions in the Texas Agriculture Code, Chapter 61, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Cultural practice--The control of weeds by either mechanical or chemical means or a combination of both.
  (2) Germination--In seed laboratory practice, 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.
  (3) Hybrid--The first generation of 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. The second generation or subsequent generations from such crosses shall not be regarded as hybrids.
  (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) Licenses--Includes all Texas Tested Seed Labels, Reporting Systems Permits and Vegetable Seed Licenses.
  (6) Lot--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 appear in the labeling.
  (7) Noxious weed seed--Seeds, bulblets, or tubers of certain species designated in §9.9 of this chapter (relating to Noxious Weed Seed) and considered highly objectionable and difficult to eradicate. Noxious weed seeds are divided into two classes, prohibited and restricted, and defined as follows:
    (A) Prohibited noxious weed seeds are the seeds or bulblets of weeds that reproduce by seed and/or spread by underground roots, stems, and other reproductive parts, and which, when established, are highly destructive and difficult to control by ordinary good cultural practice;
    (B) Restricted noxious weed seeds are the seeds of such weeds that are objectionable in fields, lawns, and gardens, but can be controlled by good cultural practices.
  (8) Permittee--One who holds a permit issued by the department, authorizing the holder thereof to pay agricultural seed inspection fees under the reporting system.
  (9) Person--Any individual, partnership, corporation, association, trustee, receiver, governmental subdivision, or public or private organization of any character.
  (10) Pure seed--Shall include all seeds of each kind, or each kind and variety under consideration present in excess of 5.0% of the whole.
  (11) Pure Live Seed--The percentage of pure seeds in a seed lot that have the ability to germinate. The percentage of pure live seed is determined by multiplying the percentage of germination (including dormant seed) by the percentage of pure seed and dividing by 100.
  (12) Ultimate consumer--A person who purchases seed with no intention to resell the seed.
  (13) Variety--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 §9.1 adopted to be effective September 2, 1996, 21 TexReg 7800; amended to be effective March 2, 2023, 48 TexReg 1028