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.

Source Note: The provisions of this §27.101 adopted to be effective December 6, 2015, 40 TexReg 8637