The following terms have the meanings indicated. Terms Defined. “Breeder seed” means a class of seed directly controlled by the originating or sponsoring plant breeding institution, person, or designee. Breeder seed is the source for the production of seed of all other classes of certified seed. In varietal purity, Breeder seed shall be equal to, or higher than, Foundation seed. “Certified seed” means a class of seed that is the progeny of Breeder, Foundation, or Registered seed handled to maintain the standards of that class. Certified seed may not be used to produce Certified seed, except as provided in Regulation .04 of this chapter. “Certifying agency” or “agency” means the Maryland Department of Agriculture. “Classes of certified seed” means Breeder seed, Foundation seed, Registered seed, and Certified seed. “Conditioning” means the cleaning of seed to remove inert matter, diseased seed, or other crop and weed seed. “Foundation seed” means a class of seed that is the progeny of Breeder or Foundation seed and handled to maintain the standards of that class. Foundation seed may be used to produce Registered or Certified seed (see Regulation .14 of this chapter). “Kind” means one or more related species or subspecies which singly or collectively is known by one common name. “Official sample” means a sample taken by a representative of the certifying agency. “Off-type” means plants or seeds that do not conform to one or more characteristics of a variety. “Registered seed” means a class of seed that is the progeny of Breeder or Foundation seed and handled to maintain the standards of that class. Registered seed may be used for the production of Certified seed. “Secretary” means the Secretary of Agriculture or the Secretary’s designee. “Variety” means a subdivision of a kind characterized by growth, plant, fruit, seed, or any other character by which it can be differentiated from any other plant of the same kind.