Ga. Comp. R. & Regs. R. 40-4-9-.01 - Definitions
The following words or terms shall have the meaning set forth herein when used in these rules and regulations.
(a) Bare Root Plant: Any live plant that has
been uprooted and separated from its growing medium, then bagged in moss,
sawdust or other material to provide temporary moisture to the roots. A bare
root plant is also any plant that has been uprooted from its growing medium and
placed in controlled atmosphere conditions or heeled in with sawdust, packing
material or soil as a means for supplying moisture until it has been
planted.
(b) Certificate: Any
document issued by the Department attesting to the Plant Pest or treatment
status of any Regulated Article.
(c) Commissioner: The Commissioner of
Agriculture or any employee of the Department authorized to act on his
behalf.
(d) Compliance Agreement:
Any written agreement between a person and the Department specifying
requirements enforced by the Department for regulatory purposes.
(e) Containerized Plant: Any live plant grown
in a container where the plant is healthy, vigorous, well rooted, and
established in the container in which it is growing. Containerized plants must
possess a well-established root system reaching or nearly reaching the sides of
the container to maintain a firm ball when the container is removed, but not
possessing excessive root growth that encircles the inside of the
container.
(f) Department: The
Georgia Department of Agriculture.
(g) Dormant Plant: Any plant or plant part
that is not in an active state of growth as evidenced by the lack of vegetative
bud swelling and/or shoot growth.
(h) Federal Noxious Weed: Any plant listed
under Title 7, Code of Federal Regulations, Part 360 "Noxious Weed
Regulations".
(i) Fees: Assessments
of costs for the purpose of defraying the expenses of registration of Live
Plant Growers and Live Plant Dealers, and expenses of inspection and
certification of Regulated Articles.
(j) Live Plant: Any whole or propagative part
of any member of the Plant Kingdom, capable of or intended for propagation or
growth. It does not include true seeds, cut flowers, or decorative cut
foliage.
(k) Live Plant Dealer: Any
person who does not grow or propagate Live Plants, but who handles, maintains,
solicits orders for, sells, or distributes any Live Plants.
(l) Live Plant Grower: Any person who
propagates or grows any Live Plants for sale or distribution. Persons meeting
any of the following criteria must be properly licensed by the Department:
1. have a production space greater than 1,000
square feet;
2. receive plants from
another state;
3. send plants
interstate;
4. send plants
internationally; or
5. dig or
collect plants from the wild or residential areas for sale or
distribution.
(m) Live
Plant License: A document issued by the Commissioner indicating that the Live
Plants maintained by the licensee are regularly inspected by the Commissioner
to ensure freedom from plant pests and absence of poor physical condition, and
verifying that the licensee has registered with the Commissioner.
(n) Live Plant Shipping Certificate: A
document issued by the Commissioner indicating that the Live Plants in the
accompanying shipment have been grown and maintained under a regular
inspectional program administered by the Commissioner in compliance with these
Rules.
(o) Maintain: Both to
prevent and control damage by Plant Pests to Live Plants, and to prevent Poor
Physical Condition or decline in viability of Live Plants by providing proper
environmental conditions, by applying water and nutrients, by applying chemical
and cultural pest control, and by removing damaged, diseased, or dead plant
material.
(p) Non-profit: Any
government agency or bureau, any member of a county or independent school
system, any college or university under the University System of Georgia or any
501(c) organization.
(q) Permit: A
document issued by the Commissioner authorizing the movement of Regulated
Articles to a specific destination in accordance with specific requirements.
(r) Phytosanitary Certificate: A
document issued by the Commissioner indicating that the specified Live Plants
or Plant Products comply with the legal requirements of the importing state or
country. Such a document may be either a State Phytosanitary Certificate or
Federal Phytosanitary Certificate.
(s) Plant Pest: Any organism which is
determined by the Commissioner to be injurious to the agricultural,
horticultural, or other interests of the state, including, but not limited to,
insects, bacteria, fungi, viruses, or weeds.
(t) Plant Products: Fruits, vegetables,
grains, roots, bulbs, seeds, cut flowers, decorative cut foliage, wood, timber,
and all other Live Plants or parts of Live Plants not intended for or used for
propagation or growing.
(u) Poor
Physical Condition: Serious physical damage, serious wilting caused by lack of
or by excessive water, damage caused by severe heat or cold, death, or any
other condition which would cause decline in viability or increased
susceptibility to plant pests when subsequently handled with normal
care.
(v) Quarantine: A verbal or
written order issued by the Commissioner immediately prohibiting the sale or
distribution of Regulated Articles from a given location, until released in
writing by the Commissioner.
(w)
Regulated Articles: Live Plants, Plant Products or other things determined by
the Commissioner to be capable of carrying Plant Pests.
Notes
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