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 Mexican fruit fly, Mediterranean 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.

(26) USDA--The United States Department of Agriculture.

(30) West Indian fruit fly--The insect, Anastrepha obliqua (Macquart), in any stage of development.

(31) West Indian fruit fly--The insect, Anastrepha obliqua (Macquart), in any stage of development.

Source Note: The provisions of this §19.1 adopted to be effective September 2, 1996, 21 TexReg 7802; amended to be effective January 20, 2015, 40 TexReg 326