#### § 301.76-1 Definitions.

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

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

*Asian citrus psyllid.* The insect known as Asian citrus psyllid (*Diaphorina citri* Kuwayama) in any stage of development.

*Certificate.* A document, stamp, or other means of identification approved by APHIS and issued by an inspector or person operating under a compliance agreement when he or she finds that, because of certain conditions, a regulated article can be moved safely from an area quarantined for Asian citrus psyllid and/or citrus greening without spreading the psyllid or the disease.

*Citrus greening.* A plant disease, also commonly referred to as Huanglongbing disease of citrus, that is caused by several strains of the uncultured, phloem-limited bacterial pathogen “*Candidatus* Liberibacter asiaticus”.

*Commercial citrus grove.* A solid-set planting of trees maintained for the primary purpose of producing citrus fruit for commercial sale.

*Compliance agreement.* A written agreement between APHIS and a person engaged in the business of growing, maintaining, processing, handling, packing, or moving regulated articles for interstate movement, in which the person agrees to comply with this subpart. For the purposes of this subpart, a memorandum of understanding is considered a compliance agreement.

*EPA.* The U.S. Environmental Protection Agency.

*Established population.* Presence of Asian citrus psyllid within an area that the Administrator determines is likely to persist for the foreseeable future.

*Inspector.* An individual authorized by the Administrator to perform the duties required under this subpart.

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

*Limited permit.* A document issued by an inspector or person operating under a compliance agreement to allow the interstate movement of regulated articles to a specified destination, for specified handling, processing, or utilization.

*Moved (move, movement).* Shipped, offered for shipment, received for transportation, transported, carried (whether on one's person or by any other means of conveyance), or allowed to be moved, shipped, transported, or carried. For the purposes of this subpart, movements include any type of shipment, including mail and Internet commerce.

*Nursery.* Any commercial location where nursery stock is grown, propagated, stored, maintained, or sold, or any location from which nursery stock is distributed.

*Nursery stock.* Any plants or plant parts, excluding fruit, intended to be planted, to remain planted, or to be replanted. Nursery stock includes, but is not limited to, trees, shrubs, cuttings, grafts, scions, and buds.

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

*Port.* Any place designated by the President, Secretary of the Treasury, or Congress at which a Customs officer is assigned with authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the Customs and Navigation laws in force at that place.

*Quarantined area.* Any State or portion of a State designated as a quarantined area for Asian citrus psyllid or citrus greening in accordance with § 301.76-3.

*Regulated article.* Any article identified as a regulated article under § 301.76-2 as follows: listed as of January 30, 2023, added in accordance with § 301.76-2(b), or otherwise designated in accordance with § 301.76-2(c).

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

[75 FR 34332, June 17, 2010, as amended at 77 FR 59712, Oct. 1, 2012; 87 FR 80010, Dec. 29, 2022]