New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 42 - COTTON BOLL WEEVIL QUARANTINE › Section 21.17.42.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Board"
means the board of regents of New Mexico state university or any
				officer or employee to whom authority to act in their stead has been or
				hereafter may be delegated.
B.
"Certificate"
is a document issued or authorized by the board
				indicating that a regulated article is not contaminated with a pest, a
				phytosanitary certificate issued by an authorized representative of the
				department allowing the movement of plants or plant products, or a document
				issued by an authorized representative of the department allowing the movement
				of equipment or vehicles.
C.
"Compliance agreement"
is a written agreement between the department and
				any person engaged in growing, distributing, handling, or moving regulated
				articles where the latter agrees to comply with conditions specified in the
				agreement to prevent the dissemination of the cotton boll weevil.
D.
"Control district"
is a
				cotton boll weevil control district - any area duly established under the
				Cotton Boll Weevil Control Act wherein a program to suppress or eradicate the
				cotton boll weevil is administered.
E.
"Cotton"
means all parts of
				cotton and wild cotton plants of the genera Gossypium and Thurberia grown for
				commercial or non-commercial use.
F.
"Cotton lint
" means all
				forms of raw ginned cotton except linters and gin waste.
G.
"Cotton products"
means seed
				cotton, cotton lint, linters, oil mill waste, gin waste, gin trash, cotton
				seed, cottonseed hulls and all other forms of unmanufactured cotton
				fiber.
H.
"Cotton
				seed"
means the seed of the cotton plant, separated from lint.
I.
"Department"
means the New
				Mexico department of agriculture.
J.
"Director"
is the director
				of the New Mexico department of agriculture.
K.
"Eradicated area"
is an area
				apparently free of cotton boll weevil for which scientific documentation
				acceptable to the department has been provided that indicates that no cotton
				boll weevils were captured for a period of at least one cotton growing season
				by cotton boll weevil pheromone traps operated by an authorized control
				district, the department, an approved governmental agency, or other entity
				approved by the department.
L.
"Functionally eradicated area"
is an area meeting the trapping
				criteria for a suppressed area with no confirmed evidence of cotton boll weevil
				reproduction occurring in the area and no oviposition on the squares, and in
				which the movement of regulated articles presents a threat to the success of
				the cotton boll weevil eradication program. The cotton boll weevil population
				must be less than or equal to average of 0.001 cotton boll weevils per trap per
				week for the cotton growing season as measured by cotton boll weevil pheromone
				traps operated by an authorized control district, the department, an approved
				governmental agency, or other entity approved by the department.
M.
"Gin motes"
are short
				fragments of unmanufactured cotton fiber removed from lint cleaners after
				ginning cotton.
N.
"Gin
				trash"
is all material produced during the cleaning and ginning of seed
				cotton, bollies, or snapped cotton, includes burrs, does not include lint,
				linters, cotton seed, or gin waste.
O.
"Gin waste"
is all forms of
				un-manufactured waste cotton fiber, including gin motes, resulting from the
				ginning of seed cotton.
P.
"Infested
" means actually infested with a cotton boll weevil or so
				exposed to infestation that it would be reasonable to believe that an
				infestation exists.
Q.
"Limited permit"
is a document issued or authorized by a federal or
				state regulatory official to provide for the movement of regulated articles to
				a restricted destination for limited handling, utilization, processing or
				treatment.
R.
"Linters"
are residual un-manufactured cotton fibers separated from
				cotton seed after the lint has been removed.
S.
"Oil mill waste"
is waste
				products, including linters, derived from the milling of cotton seed.
T.
"Restricted area"
is an area
				designated as suppressed, functionally eradicated, or eradicated of cotton boll
				weevils as those terms are defined in this section.
U.
"Seed cotton"
includes all
				forms of un-ginned cotton from which the seed has not been separated.
V.
"Suppressed area"
is an area
				in which some cotton boll weevil reproduction may be present in the area or a
				portion thereof, and in which the movement of regulated articles presents a
				threat to the success of the cotton boll weevil eradication program. The cotton
				boll weevil population must be less than or equal to 0.025 cotton boll weevils
				per trap per week for the cotton-growing season as measured by cotton boll
				weevil pheromone traps operated by an authorized control district, the
				department, an approved governmental agency, or other entity approved by the
				department.
W.
"Trap"
is a type of adult cotton boll weevil pheromone trap approved by New Mexico
				cotton boll weevil technical advisory committee or the department.
X.
"Treatment"
is the act of
				eliminating possible cotton boll weevil infestation(s) or contamination by
				cleaning or by fumigation, in instances in which normal cleaning will not
				eliminate the infestation or contamination.