The following words and terms, when used in this Chapter shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Active pest management zone--A pest management
zone established under the Texas Agriculture Code, Chapter 80, in
which citrus producers by referendum have approved their participation
in a suppression program and have approved an assessment to fund costs
of implementing the program, and in which the Corporation has begun
operations.
(2) Bio-intensive control--The use of biologically
based pest control tactics, rather than traditional chemical control
methods. Biologically based pest control tactics include biological
controls, resistant host plants, cultural controls, botanical insecticides,
or sterile insect techniques that cause little or no detrimental effect
on non-target organisms.
(3) Citrus Producer--Means a person who grows citrus
and receives or intends to receive income from the sale of citrus.
The term includes an individual who as owner, landlord, tenant, or
sharecropper is entitled to share in the citrus grown and available
for marketing from a farm or to share in the proceeds from the sale
of the citrus from the farm. The term includes a person who owns land
that is primarily used to grow citrus and that is appraised based
on agricultural use under Chapter 23, Texas Tax Code, regardless of
whether the person receives income from the sale of citrus, and there
is an irrebuttable presumption that the person intends to receive
income from the sale of citrus.
(4) Code--The Texas Agriculture Code.
(5) Commercial citrus--Citrus grown for sale or barter.
(6) Corporation--The Texas Citrus Pest and Disease
Management Corporation, Inc.
(7) Department--The Texas Department of Agriculture.
(8) Due and unpaid--An assessment is due and unpaid
if it has not been paid after the due date set by the Commissioner
for payment, and no written agreement has been made with the Corporation
to pay the assessment.
(9) First buyer of citrus--A buyer who buys citrus
from a citrus producer and disburses funds to the producer for the
purchase of citrus.
(10) Noncommercial citrus--Any citrus that is not commercial
citrus.
(11) Pest management zone--A geographic area established
under §80.006 of the Code in which citrus producers by referendum
approve their participation in a pest and/or disease suppression program.
(12) USDA--United States Department of Agriculture.
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