§ 2-18.1-2 - Definitions.
SECTION 2-18.1-2
§ 2-18.1-2 Definitions. – For the purpose of this chapter, unless the context otherwise requires:
(1) "Agent" means any person under the partial or fullcontrol of a nursery worker, dealer or other agent, who sells or solicitsorders for nursery stock, not from a supply at hand, at a place other than anursery worker's or a dealer's place of business.
(2) "Certified stock" means plants and plant parts defined asnursery stock which bears, or with regard to which the director has determinedto his or her satisfaction that there has been issued by recognized plantregulatory officials, a valid, unexpired certificate attesting that the stockhas been inspected and found to be apparently free of injurious insects andplant diseases.
(3) "Collected plants" means plants and plant parts definedas nursery stock, which are dug or otherwise removed from fields, woodlots, orforest lands for sale or distribution which have not been grown undercultivation in a nursery for one year.
(4) "Dealer" means any person, not a grower or an originalproducer of nursery stock in this state, and who is independent of the controlof any nursery worker or other dealer, who sells, offers to sell, solicitsorders for or otherwise traffics in nursery stock from a supply at hand orwhich is obtained from a nursery or another dealer.
(5) "Department" means the department of environmentalmanagement of the state of Rhode Island.
(6) "Director" means the director of environmental managementof the state of Rhode Island, and his or her authorized agents.
(7) "Hardy" means the ability to withstand heat or cold tothe extent of surviving the normal out of door summer and winter temperaturesof this state.
(8) "Insect" means invertebrate animals belonging to thearthropod class, Insecta (Hexapoda), and also members of other arthropodclasses, mollusca, nematodes, and other invertebrate animals, in any state ofdevelopment. An insect species shall be considered to be injurious to plants:
(i) When it is known to be capable of causing serious damageto, or decreased value of, the host plant or adjacent plants by reason offeeding, oviposition, production of toxic secretions, or other activities andby the demonstrated capacity to function efficiently as a carrier or reservoirof an agent capable of inciting an injurious plant disease; or
(ii) When the insect has been declared by the director to bea plant pest, or when a quarantine has been established with regard to it bythe director, the secretary of agriculture of the United States, or byrecognized plant regulatory officials of the state or country into which thehost plants are to be shipped.
(9) "Nursery" means any grounds or premises on or in whichnursery stock is propagated, grown, or cultivated, or from which nursery stockis collected for sale purposes. The term nursery shall not be construed to meana dealer's premises or heeling-in grounds on or in which nursery stock is heldfor purposes other than propagation or growth and neither shall it apply togrounds or premises offering for sale stock which is not a regular commercialactivity.
(10) "Nursery stock" means all hardy, deciduous and evergreentrees, shrubs, vines and other plants having a persistent woody stem, whetherwild or cultivated, and plant parts, for and capable of propagation.
(11) "Nursery worker" means the person who owns, leases,manages, or is in charge of a nursery. All persons engaged in operating anursery are farmers and are engaged in an agricultural enterprise for allstatutory purposes.
(12) "Person" means a corporation, company, society,association, partnership, governmental agency, and any individual orcombination of individuals.
(13) "Place of business" means each separate store, stand,sales ground, lot, truck, railway car, or other vehicle or any other place ator from which nursery stock is being sold or offered for sale where one or moresales persons are in attendance.
(14) "Plant disease" means an injurious physiologicalactivity of plants caused by the continued action of a chief causal factor andexhibited through abnormal cellular activity expressed in characteristicconditions, called symptoms, which symptoms are of three (3) types, nocrosis,hyperplasia, and hypoplasia. Plant disease shall be considered to be injuriousin nature:
(i) When the symptoms and signs observed on and/or theinciting agent(s), recoverd from or demonstrated to be in the plant identifythe disease as one that is considered by competent plant pathologists to becapable of causing serious damage to or decreased value of the host plant or ofadjacent plants;
(ii) When the symptoms observed, whether incited by animateor inanimate causal factors, and whether or not identified with known plantdisease(s) are of a nature and intensity as to reduce the likelihood ofsurviving normal transplantation or of maintaining growth, vigor, andappearance equal to that of normal nursery grown plants of the same species,age, and size when properly tansplanted and cared for; and
(iii) When the incitant or harborer of the disease has beendeclared by the director to be a plant pest, or when a quarantine has beenestablished with regard to it by the director, the secretary of agriculture ofthe United States, or by plant regulatory officials of the country or stateinto which the host plants are to be shipped.