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



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



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



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



"Board" means the board of
agriculture.



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



"Department" means the department of
agriculture.



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



"Fungus" means all
nonchlorophyll-bearing thallophytes, except those fungi on or in humans or
animals in Hawaii, and those on or in processed foods, beverages, or
pharmaceuticals.



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



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



"Inspect" means to examine material
to ascertain the presence or absence of quarantine pests and to otherwise
determine compliance with the provisions of this chapter or any rule adopted
under this chapter.



"Inspector" means any employee or
official of the department authorized by the board to administer and enforce
the provisions of this law.



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



"Microbial product" means any product
manufactured with known cultures of microorganisms for the purpose of
bioremediation or bioaugmentation, including products such as microbial
pesticides.



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



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



"Passed" means the clearance status
for entry given an article for import after inspection or quarantine
requirements have been met.



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



"Protozoa" means any
nonphotosynthetic eukaryotic organisms, either unicellular or composed of a
group of more or less identical cells, generally motile by means of appendages
or movements of the cell itself at some or all stages of their life cycle, except
those protozoa on or in humans or animals in Hawaii, and those in or on
processed foods, beverages, or pharmaceuticals.



"Soil" means that part of the upper
layer of earth in which plants can grow; this material may or may not contain
organic matter and includes such planting media as deteriorated peat, except
clean coral, sand, pottery and industrial clay, volcanic cinders and other
similar soil-free material.



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



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



"Virus" means any or a class of
noncellular submicroscopic obligate parasite, chiefly nucleoprotein in
composition but often reducible to crystalline form, except those viruses on or
in 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]