Rule 40-4-9-.01 - DefinitionsThe following words or terms shall have the meaning set forth herein when used in these rules and regulations.
(a) Bare Root Plant: Any live plant that has been uprooted and separated from its growing medium, then bagged in moss, sawdust or other material to provide temporary moisture to the roots. A bare root plant is also any plant that has been uprooted from its growing medium and placed in controlled atmosphere conditions or heeled in with sawdust, packing material or soil as a means for supplying moisture until it has been planted.(b) Certificate: Any document issued by the Department attesting to the Plant Pest or treatment status of any Regulated Article.(c) Commissioner: The Commissioner of Agriculture or any employee of the Department authorized to act on his behalf.(d) Compliance Agreement: Any written agreement between a person and the Department specifying requirements enforced by the Department for regulatory purposes.(e) Containerized Plant: Any live plant grown in a container where the plant is healthy, vigorous, well rooted, and established in the container in which it is growing. Containerized plants must possess a well-established root system reaching or nearly reaching the sides of the container to maintain a firm ball when the container is removed, but not possessing excessive root growth that encircles the inside of the container.(f) Department: The Georgia Department of Agriculture.(g) Dormant Plant: Any plant or plant part that is not in an active state of growth as evidenced by the lack of vegetative bud swelling and/or shoot growth.(h) Federal Noxious Weed: Any plant listed under Title 7, Code of Federal Regulations, Part 360 "Noxious Weed Regulations".(i) Fees: Assessments of costs for the purpose of defraying the expenses of registration of Live Plant Growers and Live Plant Dealers, and expenses of inspection and certification of Regulated Articles.(j) Live Plant: Any whole or propagative part of any member of the Plant Kingdom, capable of or intended for propagation or growth. It does not include true seeds, cut flowers, or decorative cut foliage.(k) Live Plant Dealer: Any person who does not grow or propagate Live Plants, but who handles, maintains, solicits orders for, sells, or distributes any Live Plants.(l) Live Plant Grower: Any person who propagates or grows any Live Plants for sale or distribution. Persons meeting any of the following criteria must be properly licensed by the Department: 1. have a production space greater than 1,000 square feet;2. receive plants from another state;3. send plants interstate;4. send plants internationally; or5. dig or collect plants from the wild or residential areas for sale or distribution.(m) Live Plant License: A document issued by the Commissioner indicating that the Live Plants maintained by the licensee are regularly inspected by the Commissioner to ensure freedom from plant pests and absence of poor physical condition, and verifying that the licensee has registered with the Commissioner.(n) Live Plant Shipping Certificate: A document issued by the Commissioner indicating that the Live Plants in the accompanying shipment have been grown and maintained under a regular inspectional program administered by the Commissioner in compliance with these Rules.(o) Maintain: Both to prevent and control damage by Plant Pests to Live Plants, and to prevent Poor Physical Condition or decline in viability of Live Plants by providing proper environmental conditions, by applying water and nutrients, by applying chemical and cultural pest control, and by removing damaged, diseased, or dead plant material.(p) Non-profit: Any government agency or bureau, any member of a county or independent school system, any college or university under the University System of Georgia or any 501(c) organization.(q) Permit: A document issued by the Commissioner authorizing the movement of Regulated Articles to a specific destination in accordance with specific requirements. (r) Phytosanitary Certificate: A document issued by the Commissioner indicating that the specified Live Plants or Plant Products comply with the legal requirements of the importing state or country. Such a document may be either a State Phytosanitary Certificate or Federal Phytosanitary Certificate.(s) Plant Pest: Any organism which is determined by the Commissioner to be injurious to the agricultural, horticultural, or other interests of the state, including, but not limited to, insects, bacteria, fungi, viruses, or weeds.(t) Plant Products: Fruits, vegetables, grains, roots, bulbs, seeds, cut flowers, decorative cut foliage, wood, timber, and all other Live Plants or parts of Live Plants not intended for or used for propagation or growing.(u) Poor Physical Condition: Serious physical damage, serious wilting caused by lack of or by excessive water, damage caused by severe heat or cold, death, or any other condition which would cause decline in viability or increased susceptibility to plant pests when subsequently handled with normal care.(v) Quarantine: A verbal or written order issued by the Commissioner immediately prohibiting the sale or distribution of Regulated Articles from a given location, until released in writing by the Commissioner.(w) Regulated Articles: Live Plants, Plant Products or other things determined by the Commissioner to be capable of carrying Plant Pests.Ga. Comp. R. & Regs. R. 40-4-9-.01
O. C. G. A. 2-7-1et. seq.
. Original Rule entitled "Definitions" adopted. F. and eff. June 30, 1965.Repealed: New Rule of same title adopted. F. Sept. 18, 1987; eff. Oct. 8, 1987.Repealed: New Rule of same title adopted. F. Aug. 23, 1996; eff. Sept. 12, 1996.Amended: F. Sept. 25, 2003; eff. Oct. 15, 2003.Repealed: New Rule of same title adopted. F. Sept. 13, 2006; eff. Oct. 3, 2006.Repealed: New Rule of same title adopted. F. Jan. 17, 2008; eff. Feb. 6, 2008. Amended: F. Sept. 23, 2010; eff. Oct. 13, 2010.Amended: F. Oct. 1, 2014; eff. Oct. 21, 2014.