In addition to the definitions set forth in the Texas Agriculture
Code, Chapter 19, the following words and terms, when used in this
chapter, shall have the following meanings unless the context clearly
(1) ACP--Asian citrus psyllid.
(2) Breach--Any circumstance that would allow free
access by quarantined pests into a facility, container, package or
means of conveyance.
(3) Budwood--A portion of a stem or branch with vegetative
buds used in propagation for budding or grafting; or more generally,
any citrus cell, tissue, callus or cutting intended for use in the
vegetative propagation of a citrus plant.
(4) California Citrus Clonal Protection Program--A
program established by the California Department of Food and Agriculture
and operated within the University of California system to provide
a source of disease-free budwood to the citrus industry.
(5) Certified budwood or certified citrus budwood--Budwood
produced either in a foundation block, scion block or increase block
in accordance with Subchapter C of this chapter (relating to Foundation
Block, Scion Block, Increase Block, and Production of Certified Budwood).
(6) Certified citrus nursery--A citrus nursery enclosed
in a pest exclusionary structure approved by the Department and meeting
the requirements of Subchapter D of this chapter (relating to Citrus
Nursery Stock Certification Program).
(7) Certified laboratory--A laboratory accredited to
perform disease diagnostics by the National Plant Protection and Laboratory
Accreditation Program of the USDA-APHIS-PPQ.
(8) Certified citrus nursery facility--A certified
citrus nursery containing one or multiple approved pest exclusionary
structures at one location.
(9) Citrus or citrus plant or citrus tree--Any plant
in genus Citrus, Eremocitrus, Microcitrus,
Poncirus, or Fortunella including
any hybrid, grafted or other plant having parentage in any of those
genera; also, Murraya exotica and Murraya paniculata (orange jasmine, orange
jessamine or limonaria).
(10) Citrus identification plan--A Department approved
plan for the identification and tracking of citrus plants produced
for the purpose of sale or distribution.
(11) Code--The Texas Agriculture Code.
(12) Commercial citrus fruit--Citrus fruit that has
been cleaned and processed in a commercial facility according to normal
(13) Commercial Fruit Production Varieties--The following
citrus tree varieties are designated as Commercial Fruit Production
(A) Grapefruits--"Rio Red;"
(B) Valencia oranges--"Standard," "Olinda;"
(C) Other oranges--"Marrs;" "Pineapple."
(14) CPHST--Center for Plant Health Science and Technology.
(15) Department--The Texas Department of Agriculture.
(16) Distribute--To supply, sell, deliver, lease, provide,
or otherwise transfer possession or ownership of a regulated or quarantined
(17) Foundation block--A functional unit, regulated
by the Department, consisting of one or more citrus trees that meet
the requirements for foundation block trees in Subchapter C of this
chapter (relating to Foundation Block, Scion Block, Increase Block
and the Production of Certified Budwood).
(18) Horticulturally true to type--Conformance by a
plant to the description of the particular variety from which it is
(19) Increase block--A functional unit, certified and
regulated by the Department, consisting of one or more trees propagated
using certified budwood from foundation block or scion block trees
to rapidly multiply propagative material that is grown in accordance
with Subchapter C of this chapter (relating to Foundation Block, Scion
Block, Increase Block, and the Production of Certified Budwood).
(20) Lot--A group of trees of one or assorted cultivars
that are kept together, tagged, or labeled for identification purposes
and held separated from other trees.
(21) Noncommercial Citrus Varieties--All varieties
of citrus that are not defined in this section as Commercial Fruit
(22) Non-rebuttable presumption--A presumption that
cannot be challenged with evidence.
(23) Pest or plant pest--Any living stage of any non-human
organism that can directly or indirectly injure, cause damage to,
or cause disease in a plant.
(24) Produce--To propagate a plant by any sexual or
asexual means, including but not limited to by seed, rooted cutting,
budding, grafting or tissue culture.
(25) Propagative material--Any plant or part of a plant,
including seed, or plant tissue intended for use in the propagation
of citrus nursery stock or other plant that is identified as a quarantined
article in §21.5 of this chapter (relating to Quarantined Articles).
(26) Rebuttable presumption--A disputable presumption
or a presumption which may be challenged with evidence.
(27) Regulated article--Any citrus plant grown for
the purpose of sale or distribution.
(28) Retail buyer--A person who receives a regulated
article other than for the purpose of resale.
(29) Rootstock--A plant or plant part produced for
use as the recipient understock in budding or grafting.
(30) Scion tree--A citrus tree grown from budwood taken
from a registered foundation tree, maintained in a scion tree block
in a certified facility of a certified citrus nursery, and registered
with the Department as a source of budwood. Scion trees shall meet
all the requirements for foundation or source trees.
(31) Seize or Seizure--To take official control of
a regulated or quarantined article either determined to have been
transported or carried from a quarantined area in violation of a quarantine
or determined to be infected with a disease or insect pest, at any
stage of development, dangerous to a citrus plant, citrus plant product,
or citrus substance, without regard to whether the citrus plant, citrus
plant product, or citrus substance comes from an area known to be
(32) Source tree--A citrus tree that has met all requirements
in this chapter for use as a source of budwood or propagative material,
i.e., a scion tree, increase tree, foundation tree or seed source
(33) Transport--Carry, move, or transfer by motor vehicle,
railcar, boat or other conveyance licensed or otherwise authorized
for use on a road, railway, airway, highway or waterway of the United
States or an individual state.
(34) USDA-APHIS-PPQ--United States Department of Agriculture,
Animal and Plant Health Inspection Service, Plant Protection and Quarantine.
(35) Vegetative propagation--Any type of propagation
that does not include sexual recombination, including but not limited
to budding, cell culture, grafting, rooted cuttings, and air-layering.