§ 301.32-1 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.
*Certificate.* A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of fruit flies and may be moved interstate to any destination.
*Commercially produced.* Fruits and vegetables that an inspector identifies as having been produced for sale and distribution in mass markets. Such identification will be based on a variety of indicators, including, but not limited to: Quantity of produce, monocultural practices, pest management programs, good sanitation practices including destruction of culls, type of packaging, identification of grower or packinghouse on the packaging, and documents consigning the shipment to a wholesaler or retailer.
*Compliance agreement.* A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with this subpart.
*Core area.* The area within a circle surrounding each site where fruit flies have been detected using a 1 ⁄ 2-mile radius with the detection site as a center point.
*Day degrees.* A unit of measurement used to measure the amount of heat required to further the development of fruit flies through their life cycle. Day-degree life cycle requirements are calculated through a modeling process specific for each species of fruit fly.
*Departmental permit.* A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for interstate movement in accordance with § 301.32-4(c).
*Dripline.* The line around the canopy of a plant.
*Fruit fly (fruit flies).* The melon fruit fly, Mexican fruit fly, Mediterranean fruit fly, Oriental fruit fly, peach fruit fly, sapote fruit fly, or West Indian fruit fly, or other species of insects found in the family Tephritidae, collectively.
*Infestation.* The presence of fruit flies or the existence of circumstances that makes it reasonable to believe that fruit flies are present.
*Inspector.* Any employee of APHIS or other person authorized by the Administrator to enforce this subpart.
*Interstate.* From any State into or through any other State.
*Limited permit.* A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.32-5(b) only to a specified destination and only in accordance with specified conditions.
*Mediterranean fruit fly.* The insect known as Mediterranean fruit fly, *Ceratitis capitata* (Wiedemann), in any stage of development.
*Melon fruit fly.* The insect known as the melon fruit fly, *Bactrocera cucurbitae* (Coquillett), in any stage of development.
*Mexican fruit fly.* The insect known as Mexican fruit fly, *Anastrepha ludens* (Loew), in any stage of development.
*Move (moved, movement).* Shipped, offered to a common carrier for shipment, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved.
*Oriental fruit fly.* The insect known as Oriental fruit fly, *Bactrocera dorsalis* (Hendel), in any stage of development.
*Peach fruit fly.* The insect known as peach fruit fly, *Anastrepha zonata* (Saunders), in any stage of development.
*Person.* Any individual, partnership, corporation, association, joint venture, or other legal entity.
*Plant Protection and Quarantine.* The organizational unit within the Animal and Plant Health Inspection Service that has been delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.
*Quarantined area.* Any State, or any portion of a State, designated as a quarantined area in accordance with § 301.32-3.
*Regulated article.* Any article identified as a regulated article under § 301.32-2 as follows: listed as of January 30, 2023, added in accordance with § 301.32-2(b), or otherwise designated in accordance with § 301.32-2(c) or (d).
*Sapote fruit fly.* The insect known as the sapote fruit fly, *Anastrepha serpentina*, in any stage of development.
*State.* Any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
*West Indian fruit fly.* The insect known as the West Indian fruit fly, *Anastrepha obliqua* (Macquart), in any stage of development.
[73 FR 32432, June 9, 2008, as amended at 87 FR 80003, Dec. 29, 2023]