In addition to the definitions set forth in the Texas Agriculture Code, Chapter 19, the following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

1. (1) Budwood--A portion of a stem or branch with vegetative buds used in propagation for budding or grafting; or more generally, any citrus cell, tissue, callus or cutting, except rootstock, intended for use in the vegetative propagation of a citrus plant.
2. (2) 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.
3. (3) Citrus or citrus plant or citrus tree or citrus nursery tree--Any plant in genus Citrus, Eremocitrus, Microcitrus, Poncirus, or Fortunella, including any hybrid, grafted or other plant having parentage in any of those genera.
4. (4) Citrus identification plan--A department approved plan for the identification and tracking of citrus plants or other regulated articles produced for the purpose of sale or distribution.
5. (5) Commercial citrus fruit--Citrus fruit that has been cleaned and processed in a commercial facility according to normal packinghouse procedures.
6. (6) Distribute or distribution--To supply, sell, deliver, lease, provide, or otherwise transfer possession or ownership or a regulated or quarantined article.
7. (7) Foundation grove or foundation block--A functional unit, regulated by the department, consisting of one or more trees meeting the requirements of §21.30 of this chapter (relating to Requirements for Certified Budwood) for production of certified budwood.
8. (8) Increase block--A functional unit, regulated by the department, consisting of one or more trees made using certified budwood from foundation grove trees.
9. (9) Mandatory variety or mandatory--A variety of citrus tree that may be produced only directly from certified budwood obtained from an approved foundation grove.
10. (10) Non-rebuttable presumption--A presumption that may not be challenged with evidence.
11. (11) Produce--To propagate a plant by any sexual and/or asexual means, including but not limited to by seed, rooted cutting, budding, grafting or tissue culture.
12. (12) Propagative material--Any plant or part of a plant, including seed, or plant tissue intended for use in the propagation of citrus nursery stock.
13. (13) Rebuttable presumption--A disputable presumption or a presumption which may be challenged with evidence.
14. (14) Regulated article--Orange jasmine (also known as orange Jessamine or limonaria) (including both Murraya exotica L. and M. paniculata (L.) Jack.) or any citrus plant grown for the purpose of sale or distribution.
15. (15) Retail buyer--A person who receives a regulated article other than for the purpose of resale.
16. (16) Rootstock--A plant or plant part produced for use as the recipient understock in budding or grafting.
17. (17) Seize or Seizure--To take official control of a regulated or quarantined article 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.
18. (18) Source tree--A citrus tree propagated in a foundation grove or increase block.
19. (19) 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.
20. (20) Vegetative propagation or vegetative--Any type of propagation that does not include sexual recombination, including but not limited to budding, cell culture, grafting, rooted cuttings, and air-layering.

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; amended to be effective June 29, 2010, 35 TexReg 5523; amended to be effective November 21, 2013, 38 TexReg 8189.