In addition to the definitions set out in Texas Agriculture Code, Chapter 71 and this chapter of the Texas Administrative Code, the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) California citrus clonal protection program--A program established by the California Department of Food and Agriculture and operated within the University of California system to provide a source of disease-free budwood to the citrus industry.
- (2) Citrus identification plan--A department approved plan for the identification and tracking of citrus plants produced for the purpose of sale or distribution.
- (3) Distribute or distribution--To supply, sell, deliver, lease, provide, or otherwise transfer possession of a regulated or quarantined article.
- (4) Non-rebuttable presumption--A presumption that may not be challenged with evidence.
- (5) Rebuttable presumption--A disputable presumption or a presumption which may be challenged with evidence.
- (6) Regulated article--Orange jasmine (also known as orange jessamine) (including both Murraya exotica L. and M. paniculata (L.) Jack.) or any citrus plant or grown for the purpose of sale or distribution.
- (7) Retail buyer--A person who receives a regulated article other than for the purpose of resale.
- (8) Rootstock--A plant used as the recipient understock in budding or grafting.
- (9) Seizure--To take official control of regulated or quarantined articles either determined to have been transported or carried from a quarantined area in violation of a quarantine order or determined to be infected with a disease or insect pest, at any stage of development, dangerous to a citrus plant, citrus plant product, or citrus substance, without regard to whether the citrus plant, citrus plant product, or citrus substance comes from an area known to be infested.
- (10) Transport--Carry, move, or transfer by motor vehicle, boat, or other conveyance licensed or otherwise authorized for use on a road, highway, or waterway of the United States or an individual state.
Source Note:The provisions of this §21.1 adopted to be effective September 2, 1996, 21 TexReg 7973; amended to be effective July 16, 2003, 28 TexReg 5529; amended to be effective May 31, 2007, 32 TexReg 2835.