§150A-2  Definitions.  As used in thischapter the term:

"Algae" means any plant containingchlorophyll, which lacks true roots, stems, and leaves, and typically inhabitsmoist habitats, except those algae on or in humans or animals in Hawaii andthose in or on processed foods, beverages, or pharmaceuticals.

"Animal" means any invertebrate orvertebrate species of the animal kingdom including but not limited to mammal,bird, fish, reptile, mollusk, crustacean, insect, mite, and nematode, otherthan common domestic animal such as dog and cat.

"Bacteria" means any prokaryotic orarchaeobacterial organism, except those bacteria on or in humans or animals inHawaii, and those in or on processed foods, beverages, or pharmaceuticals.

"Board" means the board ofagriculture.

"Chairperson" means the chairpersonof the board of agriculture, or the chairperson's duly authorized agents.

"Department" means the department ofagriculture.

"Freight" means nonpassenger goods,cargo, or lading, transported for pay.

"Fungus" means allnonchlorophyll-bearing thallophytes, except those fungi on or in humans oranimals in Hawaii, and those on or in processed foods, beverages, orpharmaceuticals.

"Import" means shipment to the Statefrom any point outside of the State.

"Insect" means an invertebrate animalbelonging to the class Insecta, including beetle, bug, fly, and otherarthropods, such as spider, mite, tick, centipede, and wood louse.

"Inspect" means to examine materialto ascertain the presence or absence of quarantine pests and to otherwisedetermine compliance with the provisions of this chapter or any rule adoptedunder this chapter.

"Inspector" means any employee orofficial of the department authorized by the board to administer and enforcethe provisions of this law.

"Label" means the written, printed,or graphic matter upon the container of any article as pertaining to plantquarantine laws and regulations.

"Microbial product" means any productmanufactured with known cultures of microorganisms for the purpose ofbioremediation or bioaugmentation, including products such as microbialpesticides.

"Microorganism" means any unicellularmicroscopic organism including but not limited to algae, bacteria, fungi,protozoa, and viruses.

"Net weight" means the gross weightof the freight minus the container weight, if any.

"Passed" means the clearance statusfor entry given an article for import after inspection or quarantinerequirements have been met.

"Pest" means any animal, insect,disease agent or other organism in any stage of development that is detrimentalor potentially harmful to agriculture, or horticulture, or animal or publichealth, or natural resources including native biota or has an adverse effect onthe environment as determined by the board.

"Protozoa" means anynonphotosynthetic eukaryotic organisms, either unicellular or composed of agroup of more or less identical cells, generally motile by means of appendagesor movements of the cell itself at some or all stages of their life cycle, exceptthose protozoa on or in humans or animals in Hawaii, and those in or onprocessed foods, beverages, or pharmaceuticals.

"Soil" means that part of the upperlayer of earth in which plants can grow; this material may or may not containorganic matter and includes such planting media as deteriorated peat, exceptclean coral, sand, pottery and industrial clay, volcanic cinders and othersimilar soil-free material.

"Unlisted microorganism" means anymicroorganism not on the lists of nonrestricted or restricted microorganisms oron the list of select human pathogen microorganisms.

"Vehicle" means any automobile,truck, tractor and similar equipment.

"Virus" means any or a class ofnoncellular submicroscopic obligate parasite, chiefly nucleoprotein incomposition but often reducible to crystalline form, except those viruses on orin humans, or animals in Hawaii, and those on or in processed foods, beverages,or pharmaceuticals. [L 1973, c 69, pt of §1; gen ch 1985; am L 1990, c 243, §1;am L 1991, c 104, §1; gen ch 1993; am L 1995, c 193, §1; am L 1996, c 153, §2;am L 1997, c 63, §1; am L 1999, c 177, §2; am L 2000, c 211, §2; am L Sp 2008,c 3, §2]