Tenn. Comp. R. & Regs. 0080-06-01-.02 - DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Plant Pest Act, T.C.A. § 43-6-101, et seq.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means the Tennessee Plant Pest Act, compiled at T.C.A. § 43-6-101, et seq.;

(b) Annual plants mean plants or parts of plants that perform their entire life cycle from seed to flower to seed within a single growing season. All roots, stems, and leaves of annual plants die annually, and only their dormant seed bridges the gap between one generation of annual plants and the next;

(c) Certificate and certification mean a document prepared by a duly authorized federal or state regulatory official that affirms a plant or regulated article meets regulatory requirements. Certificates are known by the purpose for which they are issued, e.g. Phytosanitary Certificate, for the purpose of verifying compliance with phytosanitary requirements, etc.;

(d) Compliance agreement means a voluntary agreement between the department and a person regarding certification of plants or regulated articles for their lawful movement to a particular state or location;

(e) Glass house, screen house, or other structure, as contemplated within the definition of "greenhouse" under the Act, means a structure containing or connected to a permanent heat source or other resource capable of controlling temperature or humidity within the structure;

(f) Infested means contaminated with pest or infected with disease or so exposed to pest or disease that contamination or infection can reasonably be expected to occur;

(g) Landscaper means any person who on a commercial basis moves and installs plants or who advertises or solicits business for the movement and installation of plants in the state;

(h) Move, distribute, ship, transport, or words of similar import mean to relocate, or to offer to relocate, in any manner an item from one real property to another;

(i) Not primarily engaged in the business of producing and selling plants or seedlings means that revenue received in the previous calendar year for the sale or production of plants does not exceed 15% of gross revenue from farm operations during that period, as shown on applicable federal tax return documents;

(j) Person means an individual, partnership, corporation, or any other form of legal entity;

(k) Pest or disease means any biotic agent that is injurious to agriculture or the environment. Pest or disease includes insect pests and plant diseases as defined under the Act and may also include any form of animal or plant life; any infectious plant disease; or any plant disorder that manifests symptoms or behavior determined by any federal or state pest prevention agency to be characteristic of infectious disease;

(l) Pest plant means any plant that is injurious to the agricultural, horticultural, silvicultural, or other interests of the state;

(m) Plant means nursery stock, annual plants, wild plants, or any part of nursery stock, annual plants, or wild plants. Exceptions: the definition of plant does not include any harvested fruit, nut, or vegetable; cut flower; or non-rooted part of a plant that is incapable of propagation; however, such parts of a plant may be determined by the department to be regulated articles under certain circumstances;

(n) Quarantine means the restriction of movement of infested plants, pest plants, or regulated articles by a duly authorized federal or state regulatory official for the purpose of mitigating risks associated with pests, pest plants, or disease;

(o) Regulated article means any item or material, biological or otherwise, that is determined by the department to support or to be capable of supporting the dissemination of any pest, pest plant, or disease;

(p) Stop movement order means a written directive issued by a duly authorized federal or state regulatory official to prohibit or limit the movement of plants or regulated articles;

(q) Wild plants mean uncultivated, feral plants or parts of plants that are gathered from the environment and are capable of propagation. A wild plant that is cultivated for at least one growing season shall be considered nursery stock and not a wild plant.

Notes

Tenn. Comp. R. & Regs. 0080-06-01-.02

Original rule filed June 5, 1974. Amendment filed March 15, 1985; effective June 14. 1985. Repeal and new rule filed April 21, 2007; effective August 28, 2007. Amendments filed March 24, 2016; effective June 22, 2016. Amendments filed March 30, 2017; effective 6/28/2017.

Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.