For the purpose of these rules, the following definitions shall apply:
- (1) “APHIS” means the United States Department of Agriculture, Animal and Plant Health Inspection Service;
- (2) “Arkansas Cotton Grower’s Organization, Incorporated, d/b/a Arkansas Boll Weevil Eradication Foundation” means the nonprofit organization comprised of Arkansas cotton growers to provide guidance and assist in policy decisions during the eradication program and certified by the State Plant Board pursuant to Arkansas Code § 2-16-612;
- (3) “Assessment” means the amount charged to each cotton grower to finance, in whole or part, a program to suppress or eradicate the boll weevil in this state and calculated on a per-acre basis pursuant to Arkansas Code § 2-16-614(b);
- (4) “Boll weevil” means Anthonomus grandis Boheman in any stage of development;
- (5) “Boll Weevil Eradication Program” means the program initiated under the Arkansas Boll Weevil Suppression Eradication Act, Arkansas Code § 2-16-601 et seq.;
- (6) “Certificate” means a document issued or authorized by the State Plant Board indicating that a regulated article is not contaminated with boll weevils;
(7) “Grower’s Compliance Certificate” means a document issued or authorized by the State Plant Board indicating that:
- (A) A cotton grower has complied with the requirements of these rules; and
- (B) The cotton grower’s cotton may be ginned in Arkansas;
- (8) “Compliance agreement” means a written agreement required between the State Plant Board and any person engaged in growing cotton, dealing in, or moving regulated articles wherein the latter agrees to comply with specified provisions to prevent dissemination of the boll weevil;
- (9) “Cotton” means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
- (10) “Cotton grower” means any person, other than a cash rent landlord, who is engaged in or has an economic risk in the business of producing cotton, or causing cotton to be produced, for market;
- (11) “Eradication zone” means a geographical area designated by the State Plant Board in which the Boll Weevil Eradication Program will be undertaken and managed pursuant to Arkansas Code § 2-16-610;
- (12) “Exposed” means any area or location subjected to boll weevil infestation;
- (13) “FSA” means the United States Department of Agriculture’s Farm Service Agency;
(14)
- (A) “Gin trash” means all waste material produced during the cleaning and ginning of seed cotton.
(B) It does not include the:
- (i) Lint;
- (ii) Cottonseed; or
- (iii) Gin waste;
- (15) “Gin waste” means all forms of unmanufactured cotton fiber, including gin motes, produced at cotton gins, other than baled cotton lint;
(16) “Infested” means:
- (A) Actually infested with a boll weevil; or
- (B) So exposed to infestation that it would be reasonable to believe that an infestation exists;
- (17) “Inspector” means any employee of the State Plant Board or any other person authorized by the State Plant Board to enforce the provision of these rules;
- (18) “Noncommercial cotton” means cotton intended for any purposes other than sale or scientific purposes under 2 CAR § 51-106;
(19) “Permit” means a document issued or authorized by the State Plant Board to provide for the movement of regulated articles to restricted designation for limited:
- (A) Handling;
- (B) Utilization; or
- (C) Processing;
(20) “Person” means any:
- (A) Individual;
- (B) Partnership;
- (C) Corporation;
- (D) Company;
- (E) Society;
- (F) Association; or
- (G) Other business entity;
- (21) “Plant Board” means the State Plant Board, which is the agricultural plant regulatory agency of the State of Arkansas;
- (22) “Quarantine area” means any portion of the State of Arkansas designated as such pursuant to Arkansas Code § 2-16-609;
- (23) “Regulated area” means any portion of an eradication zone designated for any purpose necessary to the execution of the Boll Weevil Eradication Program;
(24) “Regulated article” means any article of any character carrying or capable of carrying the boll weevil, including, but not limited to:
- (A) Cotton plants;
- (B) Seed cotton;
- (C) Cottonseed;
- (D) Other hosts;
- (E) Gin trash;
- (F) Gin equipment;
- (G) Mechanical cotton pickers; and
(H) Other equipment associated with:
- (i) Cotton;
- (ii) Production;
- (iii) Harvesting; or
- (iv) Processing;
- (25) “Seed cotton” means cotton as it comes from the field prior to ginning;
(26) “Shipment or shipments” means:
- (A) The items to be transferred or moved; or
- (B) The act or process of transferring or moving items from one point to another;
- (27) “USDA” means the United States Department of Agriculture;
- (28) “Used cotton equipment” means any equipment used previously to harvest, strip, transport, or process cotton; and
- (29) “Waiver” means a written authorization which exempts a person or any organization from compliance with one (1) or more requirements of these rules.