Pennsylvania Statutes Title 3 P.S. Agriculture § 258.2. Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Agent,” “inspector” or “deputy.”A representative of the Department of Agriculture duly appointed by the Secretary of Agriculture to carry out the provisions of this act.

“Control.” The reduction of the population of a plant pest to an acceptable level as determined by the Secretary of Agriculture or his agents.

“Dealer.” A person, not primarily a grower of nursery stock, who buys or receives on consignment nursery stock for the purpose of reselling or reshipping, independent of any control of a nurseryman.

“Department.” The Department of Agriculture of the Commonwealth.

“Eradication.” The elimination or removal of a pest from a defined geographic area.

“Fruit Tree Improvement Program.”A program to provide for the establishment of standards and testing of fruit tree nursery stock for freedom from plant pests.

“Host-free area.”A geographically defined area where a specific plant or plant variety is prohibited from becoming established.

“Nursery.” A greenhouse, grounds or premises on or in which nursery stock is propagated or grown for sale or distribution, including any grounds or premises on or in which nursery stock is being fumigated, treated, packed, stored or otherwise prepared or offered for sale or movement to other localities.

“Nursery agent.”A person soliciting orders for or selling nursery stock under the partial or full control of a nurseryman, dealer or other nursery agent. The term also applies to any person engaged with a nurseryman, dealer or nursery agent in handling nursery stock on a cooperative basis.

“Nurseryman.” A person who owns, leases, manages or is in charge of a nursery.

“Nursery stock.”All trees, shrubs, brambles, woody vines, woody florist stock, herbaceous perennials, vegetable plants, bedding and other annual herbaceous plants, their roots, cuttings, grafts, scions, buds, fruit pits, seeds and their parts for propagation, except bulbs, field crop seeds, vegetable seeds, flower seeds, regardless of where the material may have been grown or is growing.

“Person.” An individual, corporation, association, partnership or any other entity.

“Plant” or “plant product.”A plant or portion thereof whether living or dead.

“Plant pest.”An organism, including other plants, causing or capable of causing injury or damage to plants or plant products.

“Plant quarantine.”Legal action intended to prevent or delay the establishment of a pest of plants or crops.

“Principal.” A person who has the controlling authority over a nursery agent.

“Secretary.” The Secretary of Agriculture of the Commonwealth.

“Stop-sale order.”A written notice, issued by an inspector to the owner or custodian of a plant or plant product, which prohibits the sale or movement of plants or plant products.

“Treatment order.”A written document specifying certain measures to be taken to control or eradicate a plant pest, including destruction of appropriate plants or plants products.