Artificial selection. The process of selecting plants for particular traits, through such means as breeding, cloning, or genetic modification.

Commercial scale. Production, in individual products or markets, that is typical of commercial activity, regardless of the production methods or amount of production of a particular facility or the purpose of an individual shipment.

Common cultivar. A plant (except a tree) that:

1. (1) Has been developed through artificial selection for specific morphological or physiological characteristics; and
2. (2) Is a species or hybrid, or a selection thereof, that is produced on a commercial scale; and

3. (3) Is not listed:

   1. (i) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
   2. (ii) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

   3. (iii) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.

      Common food crop. A plant that:

   4. (1) Is raised, grown, or cultivated for human or animal consumption; and
   5. (2) Is a species or hybrid, or a selection thereof, that is produced on a commercial scale; and

   6. (3) Is not listed:

      1. (i) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
      2. (ii) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

      3. (iii) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.

         Import. To land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.

         Person. Any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States.

         Plant. Any wild member of the plant kingdom, including roots, seeds, parts or products thereof, and including trees from either natural or planted forest stands. The term plant excludes:

      4. (1) Common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof);
      5. (2) A scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to be used only for laboratory or field research; and
      6. (3) Any plant that is to remain planted or to be planted or replanted.

      7. (4) A plant is not eligible for these exclusions if it is listed:

         1. (i) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
         2. (ii) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

         3. (iii) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.

            Taken. Captured, killed, or collected, and with respect to a plant, also harvested, cut, logged, or removed.

            Tree. A woody perennial plant that has a well-defined stem or stems and a continuous cambium, and that exhibits true secondary growth.

[78 FR 40944, July 9, 2013, as amended at 85 FR 12212, Mar. 2, 2020]