New Mexico Administrative Code
Title 21 - AGRICULTURE AND RANCHING
Chapter 17 - PEST, DISEASE, AND WEED CONTROL
Part 42 - COTTON BOLL WEEVIL QUARANTINE
Section 21.17.42.7 - DEFINITIONS

A. "Board" means the board of regents of New Mexico state university or any officer or employee to whom authority to act in their stead has been or hereafter may be delegated.

B. "Certificate" is a document issued or authorized by the board indicating that a regulated article is not contaminated with a pest, a phytosanitary certificate issued by an authorized representative of the department allowing the movement of plants or plant products, or a document issued by an authorized representative of the department allowing the movement of equipment or vehicles.

C. "Compliance agreement" is a written agreement between the department and any person engaged in growing, distributing, handling, or moving regulated articles where the latter agrees to comply with conditions specified in the agreement to prevent the dissemination of the cotton boll weevil.

D. "Control district" is a cotton boll weevil control district - any area duly established under the Cotton Boll Weevil Control Act wherein a program to suppress or eradicate the cotton boll weevil is administered.

E. "Cotton" means all parts of cotton and wild cotton plants of the genera Gossypium and Thurberia grown for commercial or non-commercial use.

F. "Cotton lint" means all forms of raw ginned cotton except linters and gin waste.

G. "Cotton products" means seed cotton, cotton lint, linters, oil mill waste, gin waste, gin trash, cotton seed, cottonseed hulls and all other forms of unmanufactured cotton fiber.

H. "Cotton seed" means the seed of the cotton plant, separated from lint.

I. "Department" means the New Mexico department of agriculture.

J. "Director" is the director of the New Mexico department of agriculture.

K. "Eradicated area" is an area apparently free of cotton boll weevil for which scientific documentation acceptable to the department has been provided that indicates that no cotton boll weevils were captured for a period of at least one cotton growing season by cotton boll weevil pheromone traps operated by an authorized control district, the department, an approved governmental agency, or other entity approved by the department.

L. "Functionally eradicated area" is an area meeting the trapping criteria for a suppressed area with no confirmed evidence of cotton boll weevil reproduction occurring in the area and no oviposition on the squares, and in which the movement of regulated articles presents a threat to the success of the cotton boll weevil eradication program. The cotton boll weevil population must be less than or equal to average of 0.001 cotton boll weevils per trap per week for the cotton growing season as measured by cotton boll weevil pheromone traps operated by an authorized control district, the department, an approved governmental agency, or other entity approved by the department.

M. "Gin motes" are short fragments of unmanufactured cotton fiber removed from lint cleaners after ginning cotton.

N. "Gin trash" is all material produced during the cleaning and ginning of seed cotton, bollies, or snapped cotton, includes burrs, does not include lint, linters, cotton seed, or gin waste.

O. "Gin waste" is all forms of un-manufactured waste cotton fiber, including gin motes, resulting from the ginning of seed cotton.

P. "Infested" means actually infested with a cotton boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists.

Q. "Limited permit" is a document issued or authorized by a federal or state regulatory official to provide for the movement of regulated articles to a restricted destination for limited handling, utilization, processing or treatment.

R. "Linters" are residual un-manufactured cotton fibers separated from cotton seed after the lint has been removed.

S. "Oil mill waste" is waste products, including linters, derived from the milling of cotton seed.

T. "Restricted area" is an area designated as suppressed, functionally eradicated, or eradicated of cotton boll weevils as those terms are defined in this section.

U. "Seed cotton" includes all forms of un-ginned cotton from which the seed has not been separated.

V. "Suppressed area" is an area in which some cotton boll weevil reproduction may be present in the area or a portion thereof, and in which the movement of regulated articles presents a threat to the success of the cotton boll weevil eradication program. The cotton boll weevil population must be less than or equal to 0.025 cotton boll weevils per trap per week for the cotton-growing season as measured by cotton boll weevil pheromone traps operated by an authorized control district, the department, an approved governmental agency, or other entity approved by the department.

W. "Trap" is a type of adult cotton boll weevil pheromone trap approved by New Mexico cotton boll weevil technical advisory committee or the department.

X. "Treatment" is the act of eliminating possible cotton boll weevil infestation(s) or contamination by cleaning or by fumigation, in instances in which normal cleaning will not eliminate the infestation or contamination.