Sec. 127.1. Definitions

As used in this Part, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:

(a) Agreement means an executed document between a person engaged in growing, dealing in, handling, grading or moving regulated articles and the commissioner, wherein such person agrees to comply with conditions specified in the agreement to prevent dissemination of golden nematode.

(b) Commissioner means the Commissioner of Agriculture and Markets of the State of New York and any officer or employee of the New York State Department of Agriculture and Markets or the United States Department of Agriculture duly delegated pursuant to section 17 of the Agriculture and Markets Law.

(c) Construction equipment means equipment used to move or transport soil, e.g., bulldozers, draglines, road scrapers, dump trucks, etc.

(d) Farm equipment means machinery, vehicles, implements, bags, containers and articles necessary, desirable or used in the production and marketing of crops and the movement of soil.

(e) Golden nematode means the nematode known as the golden nematode of potatoes (Globodera rostochiensis, formerly known as Heterodera rostochiensis).

(f) Host crops means Irish potatoes and plants of Irish potatoes, tomatoes and eggplants.

(g) Infestation means the presence of golden nematode.

(h) Moved and movement mean shipped, offered for shipment, received for transportation, transported, carried, moved or allowed to be moved by any person, including a common carrier, within or from the quarantined or regulated area.

(i) Permit means a written authorization of the commissioner for the handling and the movement of regulated articles, including a Federal certificate or limited permit.

(j) Potato grading station means any operation where potatoes are graded, sorted, washed or otherwise prepared for market.

(k) Quarantined area means the area designated as quarantined by this Part.

(l) Regulated area means those parts of the quarantined area which have been so designated by the commissioner pursuant to this Part.

(m) Regulated articles means: potatoes; tomato and eggplant transplants; root crops; soil or sod; plants with roots; true bulbs, corms, rhizomes and tubers of ornamental plants; hay; straw; plant litter; used farm equipment; used construction equipment; and any other article or means of conveyance as determined by the commissioner.

(n) Nonhost crops means crops other than those defined as host crops pursuant to subdivision (f) of this section.