2-2113.   Definitions.As used in this act:

      (a)   "Plant pests" include any stage ofdevelopment of any insect,nematode, arachnid, or any other invertebrate animal, or any bacteria,fungus, virus, weed or any other parasitic plant or microorganism,which can injure plants orplant products.

      (b)   "Secretary" means the secretary of the Kansasdepartment ofagriculture, or the authorized representative of thesecretary.

      (c)   "Plants and plant products" means trees, shrubs,grasses,vines, forage and cereal plants and all other plants; cuttings, grafts,scions, buds and all other parts of plants; and fruit, vegetables, roots,bulbs, seeds, wood, lumber, grains and all other plant products.

      (d)   "Location" means any grounds or premises on orin which live plants arepropagated, or grown, or from which live plantsare removed for sale,or any grounds or premises on or in which liveplants are being fumigated,treated, packed, stored, or offered for sale.

      (e)   "Live plant dealer" means any person, unless excluded by rulesand regulations of the secretary, who:

      (1)   Grows live plants for sale or distribution;

      (2)   buys or obtains live plants for the purpose of reselling or reshippingwithin this state;

      (3)   plants, transplants or moves live plants from place to place within thestate with the intent to plant such live plants for others and receivescompensation for the live plants, for the planting of such live plants or forboth live plants and plantings; or

      (4)   gives live plants as a premium or for advertising purposes.

      (f)   "Person" means a corporation, company, society,association, partnership, governmental agency and any individual orcombination of individuals.

      (g)   "Permit" means a document issued or authorized by thesecretary toprovide for the movement of regulated articles to restricted destinationsfor limited handling, utilization, or processing.

      (h)   "Host" means any plant or plant product upon which aplant pest isdependent for completion of any portion of its life cycle.

      (i)   "Regulated article" means any host or any article ofany characteras described in a quarantine or regulation carrying or being capable ofcarrying theplant pest against which the quarantine or regulation is directed.

      (j)   "Live plant" means any living plant, cultivated or wild, or any partthereof that can be planted or propagated unless specifically exempted by therules or regulations of the secretary.

      (k)   "Quarantine pest" means a pest of potential economic importance to thearea endangered thereby and not yet present there, or present but not widelydistributed and being officially controlled.

      (l)   "Regulated nonquarantine pest" means a nonquarantine pest whose presencein plants for planting affects the intended use of those plants with aneconomically unacceptable impact and which is therefore regulated.

      (m)   "Official control" means the active enforcement of mandatoryphystosanitary regulations and the application of mandatory phystosanitaryprocedures with the objective of eradication or containment of quarantine pestsor for the management of regulated nonquarantine pest.

      (n)   "Regulated area" means an area into which, within which and/or fromwhich plants, plant products and other regulated articles are subjected tophystosanitary regulations or procedures in order to prevent the introductionand/orspread, or both, of quarantine pests or to limit the economic impact ofregulated nonquarantine pests.

      (o)   "Bee" means a honey-producing insect of the genus Apis including all lifestages of the insect.

      (p)   "Beekeeping equipment" means all hives, supers, frames or other devicesused in the rearing or manipulation of bees or their brood.

      (q)   "Bee pest" means any infectious, contagious or communicable disease orharmful parasite or insects affecting honey bees or their brood.

      History:   L. 1965, ch. 6, § 2;L. 1988, ch. 5, § 1;L. 2002, ch. 91, § 2; July 1.