Ala. Admin. Code r. 80-10-4-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-10-4-.04 - Definitions

For the purpose of this chapter, the following definitions shall apply:

(1) Certificate. A document issued or authorized to be issued by the commissioner to allow the movement of regulated articles to any destination.

(2) Commissioner. The Commissioner of the Department of Agriculture and Industries of the State of Alabama, and his authorized representative.

(3) Compacted Soil. Soil attached to equipment which cannot be removed by brisk brushing and/or washing with water under normal city water pressure.

(4) Department. The Department of Agriculture and Industries of the State of Alabama.

(5) Compliance Agreement. A written agreement between a person, engaged in growing, dealing in, or moving regulated articles and the department, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the Japanese Beetle.

(6) Exemptions. Conditions which provide for modifications in conditions of movement of regulated articles from regulated areas under specified conditions.

(7) Infestation. The presence of the Japanese Beetle or the existence of circumstances that make it reasonable to believe the Japanese Beetle is present.

(8) Mechanized Soil-Moving Equipment. Mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dump trucks.

(9) Permit. A document issued or authorized to be issued by the commissioner to allow the movement of noncertified regulated articles to a specified destination for particular handling, utilization, or processing, or for treatment.

(10) Person. Any individual, firm, partnership, concern, corporation, association or other legal entity or organization.

(11) Moved, Movement, Move. Shipped, deposited for transmission in the mail, offered for shipment, received for transportation, carried, otherwise transported or moved, or allowed to be moved, by any means whatsoever, by any person, directly or indirectly.

(12) Pest. The insect known as the Japanese Beetle (Popillia japonica Newm.) in any stage of development.

(13) Scientific Permit. A document issued or authorized to be issued by the commissioner to allow the movement to a specific destination of regulated articles for scientific purposes.

(14) Soil. Soil shall be considered as that part of the upper layer of earth in which plants can grow.

Author: Charles H. Barnes

Ala. Admin. Code r. 80-10-4-.04

Filed April 19, 1982 as Rule No. 80-10-2-.01. Rules reformatted - Rule No. changed to Chapter 80-10-4: Filed June 19, 1986. Amended: Filed May 18, 1990.

Statutory Authority:Code of Ala. 1975, §§ 2-25-1, et seq.