Tenn. Comp. R. & Regs. 0080-06-07-.02

Current through December 26, 2024
Section 0080-06-07-.02 - DEFINITIONS
(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Plant Pest Act, T.C.A. § 43-6-101, et seq.
(2) When used in this chapter, unless the context requires otherwise:
(a) Act means the Tennessee Plant Pest Act, compiled at T.C.A. § 43-6-101, et seq.;
(b) Boxwood plant means any plant of a species within the Buxus genus and includes any part of the plant in any form;
(c) Boxwood blight means any plant disease or symptom of disease caused by the fungus Calonectria pseudonaviculatum;
(d) Cleanliness program agreement means a voluntary compliance agreement between a duly authorized federal or state regulatory official and a person for the growth, holding, or movement of regulated articles in accordance with principles of a cleanliness program recognized by the issuing official for the prevention of spreading boxwood blight;
(e) Infected, infested, diseased, or words of similar import mean infected with boxwood blight or so exposed to the disease that infection can reasonably be expected to occur;
(f) Move, distribute, ship, transport, or words of similar import mean to relocate, to offer to relocate, or to cause the relocation of an item from one real property to another;
(g) Person means an individual, partnership, corporation, or any other form of legal entity;
(h) Phytosanitary certificate means a certificate of phytosanitary inspection prepared by a duly authorized federal or state regulatory official that affirms a regulated article has been inspected and found to be apparently free of boxwood blight;
(i) Quarantine area means a defined area from where the movement of regulated articles is prohibited except in accordance with this chapter;
(j) Regulated article means any item or material determined by the department to pose a material risk for spreading boxwood blight. Regulated articles include:
1. Boxwood plants and any material containing boxwood plants, e.g. compost, mulch, soil, or waste;
2. Sarcococca plants and any material containing Sarcococca plants, e.g. compost, mulch, soil, or waste; and,
3. Any equipment, shipping material, compost, mulch, soil, or waste exposed to boxwood or Sarcococca plants.
(k) Sarcococca plant means any plant of a species within the Sarcococca genus and includes any part of the plant in any form;
(l) Stop movement order means a written directive issued by a duly authorized federal or state regulatory official to prohibit or limit the movement of regulated articles.

Tenn. Comp. R. & Regs. 0080-06-07-.02

Original rule certified June 5, 1974. Repeal filed September 15, 1998; effective January 28, 1999. New rules filed November 6, 2017; effective 2/4/2018.

Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.