As used in this part, unless the context otherwise requires:

"Certifying agency" means:

1. (1) An agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity, identity, quality, and condition of the seed certified; or

2. (2) An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (1).

   "Department" means the department of agriculture and biosecurity.

   "Seed" means:

3. (1) The seed of grass, forage, cereal, and fiber crops;
4. (2) Other kinds of seed commonly recognized as agricultural or vegetable seed; and
5. (3) Other kinds of propagating materials.

[L 2003, c 49, pt of §1; am L 2025, c 236, §17]