#### § 301.92-1 Definitions.

*Administrator.* The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.

*Animal and Plant Health Inspection Service.* The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture.

*Associated article.* Any article listed in § 301.92-2(c).

*Bark chips.* Bark fragments broken or shredded from a log or tree.

*Certificate.* A document, stamp, or imprint by which an inspector or person operating under a compliance agreement affirms that a specified regulated or associated article meets applicable requirements of this subpart and may be moved interstate to any destination.

*Compliance agreement.* A written agreement between APHIS and a person engaged in growing, processing, handling, or moving regulated or associated articles, wherein the person agrees to comply with this subpart.

*Duff.* Decaying plant matter that includes leaf litter, green waste, stem material, bark, and any other plant material that, upon visual inspection, does not appear to have completely decomposed.

*Firewood.* Wood that has been cut, sawn, or chopped into a shape and size commonly used for fuel, or other wood intended for fuel.

*Forest stock.* All flowers, trees, shrubs, vines, scions, buds, or other plants that are wild-grown, backyard-grown, or naturally occurring.

*From.* An article is considered to be “from” a specific site or location for the purposes of this subpart if it was grown or propagated in, stored or sold, or distributed from the site or location.

*Growing media.* Any material in which plant roots are growing or intended for that purpose.

*Inspector.* Any employee of APHIS, the U.S. Department of Agriculture, or other person authorized by the Administrator to perform the duties required under this subpart.

*Interstate.* From any State into or through any other State.

*Log.* The bole of a tree; trimmed timber that has not been sawn further than to form cants.

*Lot.* A contiguous block of plants of the same species or cultivar, of the same container size and from the same source, if known.

*Lumber.* Logs that have been sawn into boards, planks, or structural members such as beams.

*Moved (move, movement).* Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.

*Mulch.* Bark chips, wood chips, wood shavings, or sawdust, or a mixture thereof, that could be used as a protective or decorative ground cover or as part of a growing media mixture.

*Non-host nursery stock.* Any taxa of nursery stock not listed in accordance with § 301.92-2 as a regulated or associated article.

*Nursery.* Any location where nursery stock is grown, propagated, stored, or sold, or any location from which nursery stock is distributed. Locations that grow trees for sale without roots (*e.g.*, as Christmas trees) are considered to be nurseries for the purposes of this subpart.

*Nursery stock.* All plants for planting, including houseplants, propagative material that is grown in a nursery, and tree seedlings for reforestation, except the following: Seeds; turf or sod; bulbs, tubers, corms, or rhizomes;[1] greenhouse grown cactus, succulents, and orchids; aquarium grown aquatic plants; greenhouse, container, or field grown palms; greenhouse, container, or field grown cycads, and tissue culture plants grown in vitro; and plants meeting the definition of forest stock.

*Permit.* A written authorization issued by APHIS to allow the interstate movement of restricted articles in accordance with part 330 of this chapter.

*Person.* Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.

*Plant Protection and Quarantine.* The Plant Protection and Quarantine program of the Animal and Plant Health Inspection Service, United States Department of Agriculture.

*Quarantined area.* Any State, or any portion of a State, designated as a quarantined area in accordance with § 301.92-3.

*Regulated article.* Any article listed in § 301.92-2(b).

*Restricted article.* Any article listed in § 301.92-2(a).

*Regulated establishment.* Any nursery regulated by APHIS pursuant to § 301.92-3(b).

*Soil.* The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material.

*State.* The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.

[72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16192, Apr. 18, 2019; 87 FR 80018, Dec. 29, 2022]

###### Footnotes -
  301.92-1

[1] Bulbs, tubers, corms, or rhizomes are only considered nursery stock (and therefore, regulated under this subpart) if they are of plant taxa listed in accordance with § 301.92-2 as regulated articles or associated articles.