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RULE §21.1Definitions

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 indicates otherwise.

  (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 packinghouse procedures.

  (13) Commercial Fruit Production Varieties--The following citrus tree varieties are designated as Commercial Fruit Production Varieties.

    (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 article.

  (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 genetically descended.

  (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 Production Varieties.

  (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 infested.

  (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 tree.

  (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.

Source Note: The provisions of this §21.1 adopted to be effective March 22, 2018, 43 TexReg 1629

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