Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.13 - Quarantines and Pest Management Standards › Rule 4.12.1301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Article" is any item subject to a
				quarantine.
(2) "Department" means
				the Department of Agriculture.
(3)
				"Accredited Certifying Official (ACO)" is a federal, state, or county official
				accredited to perform phytosanitary inspections and sign phytosanitary
				certificates for commodities meeting phytosanitary requirements.
(4) "Fomite" is any inanimate object or
				substance capable of carrying an organism, functions to transfer an organism,
				or in any other way acts as a nonliving vector of a pest.
(5) "Location" is any place where quarantine
				pests, quarantine articles, plants, plant propagative material, plant products,
				and other associated items or materials are. This includes, but is not limited
				to, businesses; fields; gardens; production areas; propagation areas;
				greenhouses; processing facilities; places where regulated articles or plants
				are kept, sold, traded, bartered, used, given away, or distributed; and all
				conveyances.
(6) "Long-term
				quarantine" is a quarantine that lasts over 12 months.
(7) "Permit" is a written authorization
				issued by the department, another state, or the federal government and is
				approved by the department for the movement of any prohibited or restricted
				plant pests or quarantined articles.
(8) "Phytosanitary documentation" is legal
				paperwork certifying that visual inspections have been completed by a state or
				federal official and that all other requirements such as, but not limited to,
				surveys, laboratory tests, and treatments, have been met.
(9) "Phytosanitary inspection" is an
				inspection conducted by an individual trained and certified to determine if
				prohibited materials or organisms are present or to take official samples to be
				examined by a qualified individual or an accredited laboratory
				elsewhere.
(10) "Phytosanitary
				measure" is an action taken to assure that prohibited materials and/or
				organisms are not present in or on plants or plant materials.
(11) "Plant matter" is any plant species that
				includes, but is not limited to, agricultural, forest, range, nursery, or
				ornamental species; soil; fruit, vegetables, seeds, or nuts; any other plant
				part or propagative material; or plant product. This includes house,
				greenhouse, hothouse, potted (regardless of planting medium), bareroot,
				aquarium, pond or other water related, and windbreak plants.
(12) "Plant pest" is any organism that can
				directly or indirectly injure or cause damage in or to a plant, plant
				propagative material, or a plant product including, but not limited to, an
				insect, weed, fungus, virus, bacteria, parasite, pathogen, nematode, vector or
				other organism that meets the criteria as a pest established by department
				rule.
(13) "Proper documents" is a
				copy of the original invoice listing the origin of the articles, quantity and
				value of articles, location where the articles are destined to arrive,
				anticipated date of arrival, and/or other requirements specified under a
				quarantine.
(14) "Quarantine" is a
				rule, order, or other legal instrument duly imposed or enacted by the
				department on regulated areas or articles.
(15) "Quarantined article" is anything
				covered by a quarantine order in ARM
				4.12.1302,
				4.12.1303, or an emergency declared
				by the director of the Department of Agriculture.
(16) "Regulated area" is an area into which,
				within which, and/or from which plants, plant products, and other regulated
				articles are subject to phytosanitary measures or a quarantine to prevent the
				introduction and/or spread of quarantine pests.
(17) "Regulated article" is any plant, plant
				matter, propagative plant parts, plant products, associated plant material,
				container, conveyance, or any other object or material capable of harboring or
				spreading plant pests, and that is subject to phytosanitary measures or a
				quarantine.
(18) "Short-term
				quarantine" is a quarantine that lasts 12 months or less.
(19) "Vector" is an organism that transmits a
				pathogen.
80-7-402,
					 MCA; IMP,
					 80-7-402,
					 MCA;