Definitions

(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Plant Pest Act, T.C.A. §§ 43-6-101, et seq. (2) When used in this chapter, unless the context requires otherwise: (a) Act means the Tennessee Plant Pest Act, compiled at T.C.A. §§ 43-6-101, et seq.; (b) Commerce or words of similar import mean involving payment for an item or payment for services incident to production of the item; (c) Compliance agreement means a voluntary agreement between a duly authorized federal or state regulatory official and a person for the treatment of firewood; FIREWOOD QUARANTINE CHAPTER 0080-06-09 (d) Firewood includes any wood four (4) feet or less in length, split or not split, advertised, offered for sale, or sold as fuel, including but not limited to kindling, logs, boards, or timbers; (e) Firewood does not include kiln-dried dimensional lumber, nor wood that has been chipped to smaller than 2 cm diameter. In addition, firewood shall not include logs or wood being commercially transported to, or possessed by, the following operations and facilities for use in their primary manufacturing process: 1. Sawmill for dimensional lumber; 2. Pulp and/or paper mills; 3. Wood pellet manufacturing facilities; 4. Plywood manufacturing facilities; 5. Wood biomass-using refineries or power plants; 6. Artisan manufacturing, such as cabinets, furniture, sculptures; 7. Re-constituted wood or wood composite product manufacturing plants; or 8. Facilities treating wood products in accordance with heat-treatment standards. (f) Infected, infested, or words of similar import mean contaminated with pest or infected with disease or so exposed to pest or disease that contamination or infection can reasonably be expected to occur; (g) Invasive pest means any non-native organisms that cause economic or environmental harm and are capable of spreading to new areas of the state. Invasive pests may also mean any living organism injurious to agriculture or the environment including insect pests and plant diseases as defined under the Act and may also include any form of animal or plant life; any infectious plant disease; or any plant disorder that manifests symptoms or behavior determined by any federal or state pest prevention agency to be characteristic of infectious disease; (h) Move, distribute, ship, transport, or words of similar import mean to relocate, or to offer to relocate, in any manner an item from one real property to another; (i) Person means an individual, partnership, corporation, or any other form of legal entity; (j) Quarantine area means a defined area from where the movement of regulated articles is prohibited except in accordance with this chapter; (k) Regulated article means firewood and any equipment, shipping material, or vehicle exposed to firewood; (l) Stop movement order means a written directive issued by a duly authorized federal or state regulatory official to prohibit or limit the movement of regulated articles; (m) Treat means to heat and to maintain a core temperature of 160° F for at least 75 minutes; (n) Treatment schedule means the heat treatment applied to the firewood; and FIREWOOD QUARANTINE CHAPTER 0080-06-09 (o) Treatment certificate and certification mean a document prepared by a duly authorized federal or state regulatory official that affirms firewood has been treated as defined under this rule.