Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 19 - QUARANTINES AND NOXIOUS AND INVASIVE PLANTS › Subchapter A - GENERAL QUARANTINE PROVISIONS › Section 19.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions set out in the Texas
					 Agriculture Code and the Texas Administrative Code, the following words and
					 terms, when used in this chapter, shall have the following meanings, unless the
					 context clearly indicates otherwise.
(1) Animal and Plant Health Inspection
				  Service or APHIS--The Animal and Plant Health Inspection Service of the USDA.
(2) Article--Any material or
				  tangible object that could harbor plant pests or noxious weeds.
(3) Certified regulated article--A regulated
				  article, under a given subchapter of this chapter, produced in a facility
				  certified by the department, according to program standards, and maintained
				  under program-defined conditions that prevent exposure to pests and
				  diseases.
(4) Compliance
				  Agreement--A written signed agreement in which a person engaged in propagating,
				  producing, growing, distributing, or selling or moving quarantined articles
				  agrees to comply with conditions specified in the agreement .
(5) Core area--Within a given quarantined
				  area, a defined area surrounding a location where one or more quarantined pests
				  have been detected.
(6) Day
				  degree--A unit of measurement equal to the amount of heat required to further
				  the development of an insect or other arthropod through its life cycle.
				  Day-degree life cycle requirements are calculated through a modeling process
				  that is specific to each species.
(7) Distribute--Offer for sale or lease, hold
				  for sale or lease, sell, lease, barter, offer to buy, buy, offer to supply, or
				  supply.
(8) Free Area--An area not
				  quarantined for a pest or disease.
(9) Fruit fly or 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 any other species in
				  family Tephritidae.
(10) Host--Any
				  plant or plant product designated in the quarantine upon or in which the
				  quarantined pest completes its life cycle or is dependent for completion of any
				  portion of its life cycle.
(11)
				  Infested--Officially determined to be contaminated by a pest using methods
				  prescribed by the department.
(12)
				  Insect exclusionary cover--A bag, box, enclosure, structure or other cover that
				  prevents Asian citrus psyllids from coming into contact with a regulated
				  article; the openings of any incorporated screen mesh shall not exceed 0.3
				  square millimeters.
(13)
				  Mediterranean fruit fly or Medfly--The insect,
Ceratitis
				  capitata
(Weidemann), in any stage of development.
(14) Mexican fruit fly or Mexfly--The insect,
Anastrepha ludens
(Loew), in any stage of
				  development.
(15) Move--To ship,
				  offer for shipment, receive for transportation, carry, or otherwise transport,
				  move, or allow to be moved.
(16)
				  Non-certified regulated article--Any regulated article that is not a certified
				  regulated article.
(17) Oriental
				  fruit fly--The insect,
Bactrocera dorsalis
(Hendel), in any
				  stage of development.
(18) Peach
				  fruit fly--The insect,
Anastrepha zonata
(Saunders), in any
				  stage of development.
(19)
				  Permit--In addition to its ordinary meaning, a permit shall include any
				  authorized state or federal quarantine compliance stamp, limited permit, or
				  trip ticket.
(20) Person--Any
				  individual, partnership, corporation, association, joint venture, or other
				  legal entity.
(21) Pest--All
				  living stages of the insect, disease, or other pest organism of plants or plant
				  products against which the quarantine is directed.
(22) Phytosanitary Certificate--A document
				  issued by the department regarding the pest condition of plants, parts of
				  plants or plant products required for movement within this state or by other
				  states or foreign countries for such products exported from this
				  state.
(23) Phytosanitary Growing
				  Season Inspection Certificate--A document issued by the department regarding
				  the pest condition of field grown crops.
(24) Plant Protection and Quarantine or
				  PPQ--The organizational unit within APHIS that has been delegated
				  responsibility for enforcing provisions of the Plant Protection Act and related
				  legislation, quarantines, and regulations.
(25) Quarantined Area--A described area
				  declared by the department to be subject to requirements and restrictions of a
				  given quarantine.
(26) Quarantined
				  Article--Any article of any character as described in the quarantine carrying
				  or capable of carrying the quarantined pest .
(27) Quarantined Pest--The plant pest against
				  which a given quarantine is directed.
(28) Regulated Article--Any article so
				  specified in a given quarantine and therefore subject to quarantine
				  requirements and restrictions.
(29) Sapote fruit fly--The insect,
Anastrepha serpentina,
in any stage of development.
(30) USDA--The United States Department of
				  Agriculture.
(31) West Indian
				  fruit fly--The insect,
Anastrepha obliqua
(Macquart), in any
				  stage of development.