§ 1502. Definitions.

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The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Class A noxious weed." A weed listed in section 1519(a) (relating to noxious weed list) or a weed that has been determined by the committee to be a Class A noxious weed and that:

(1)Is established in this Commonwealth.

(2)Is geographically limited.

(3)Is intended to be eradicated.

"Class B noxious weed." A weed listed in section 1519(b) or a weed that has been determined by the committee to be a Class B noxious weed and that:

(1)Is widely established in this Commonwealth.

(2)Cannot feasibly be eradicated.

"Class C noxious weed." A weed listed in section 1519(c) or a weed that has been determined by the committee to be a Class C noxious weed and that:

(1)Is not known to exist in this Commonwealth.

(2)Poses a potential threat if introduced in this Commonwealth.

"Committee." The Controlled Plant and Noxious Weed Committee established in section 1511 (relating to designation of noxious weeds and controlled plants).

"Control." The management of the population of a noxious weed or controlled plant to an acceptable level, including eradication, as determined by the department.

"Control order." A written order issued by the department to a person detailing required treatment measures to control noxious weeds or controlled plants.

"Controlled plant." A plant species or subspecies that has been designated by the committee as a controlled plant and is regulated to prevent uncontained growth and to negate undesirable characteristics.

"Distribute" or "distribution." To barter, consign, exchange, give away, import, in any way transfer, offer for sale, sell or otherwise supply or transport a noxious weed or controlled plant in this Commonwealth.

"Eradication." The elimination or removal of a noxious weed or controlled plant so that no further growth occurs for at least three consecutive years.

"Established." When used in reference to a plant population, either:

(1)a plant or plant population found growing in this Commonwealth as a wild population and capable of reproduction; or

(2)a plant that has escaped from cultivation and is reproducing.

"Federal noxious weed." A weed listed in 7 CFR 360.200 (relating to designation of noxious weeds).

"General permit." A Statewide or regional permit that is issued by the department for a controlled plant and specifies terms and conditions for distribution, cultivation or propagation of the controlled plant.

"Geographically limited." Found in discrete, limited locations of this Commonwealth.

"Individual permit." A permit that is issued by the department and includes site-specific terms and conditions for:

(1)research, marketing, warehousing, holding, retailing, wholesaling, transporting, distributing, cultivating or propagating of a controlled plant; or

(2)research and educational purposes related to a noxious weed.

"Landowner."

(1)A person:

(i)In whom is vested the title of property.

(ii)With any rights in real property that permit possession or control of surface activities on the real property.

(2)The term includes a department, board, commission, agency and instrumentality of the Federal Government and the Commonwealth and any of its political subdivisions.

"Lessee." A person who has entered into a contract granting the person occupation or use of property during a certain period of time in exchange for a specified rent.

"Noxious weed." Either:

(1)a plant part or plant in any stage of development that is determined to be injurious to crops, livestock, agricultural land or other property, including forest land and bodies of water; or

(2)any weed listed in 7 CFR 360.200.

"Noxious weed control area." A geographic area of this Commonwealth, including the entire State, municipality or any part or tract of land or body of water where a noxious weed is to be controlled as prescribed under this chapter.

"Person." An individual, corporation, association, partnership, municipality or any other entity.

"Plant Pest Management Account" or "account." The Plant Pest Management Account established under the act of December 16, 1992 (P.L.1228, No.162), known as the Plant Pest Act.

"Propagate." To increase, multiply or spread a plant or crop through planting, cultivation or any means of reproduction.

"Stop-sale order." A written notice, issued by the department to the person in possession of a noxious weed or controlled plant, which prohibits its distribution.

"Treatment measure." A method of eradicating, managing, regulating or controlling noxious weeds or controlled plants utilizing biological, chemical or mechanical means or a combination thereof.

"Widely established." Established throughout multiple counties or municipalities of this Commonwealth.

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Cross References. Section 1502 is referred to in section 11102 of this title.

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SUBCHAPTER B

REGULATION AND ADMINISTRATION

Sec.

1511. Designation of noxious weeds and controlled plants.

1512. Permits.

1513. General permits.

1514. Individual permits.

1515. Prohibited acts.

1516. Noxious weed control areas.

1517. Control orders.

1518. Compliance with orders.

1519. Noxious weed list.

1520. Fees.

1521. Powers and duties of secretary and department.

1522. Stop-sale orders.

1523. Seizure and condemnation.

1524. Appeal process.

1525. Cooperation with other entities.

1526. Rules and regulations.

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