(a)
“Agave” means the species of plants in the genus Agave of the family Asparagaceae cultivated for their juice and fiber.
(b)
Agave cultivated solely for ornamental purposes is not subject to this chapter.
“Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this chapter.
“Cultivate” or “cultivated” means to plant, tend, harvest, or improve agave. Cultivated acreage does not include acreage removed from cultivation due to weather, disease, or other circumstances beyond the control of the grower.
“Grower” means a person who commercially cultivates agave, or causes agave to be cultivated, not in a container and on two acres or more during the marketing season.
“Marketing season” or “fiscal year” are synonymous terms and mean the period beginning April 1 of any year and extending through March 31 of the following year.
(a)
“Processor” means a person licensed to commercially process agave and who processes agave in an amount of more than three tons in the state in the preceding marketing season.
(b)
When the processor is a corporation or a limited liability company, all of the directors, officers, managers, and members of the corporation or limited liability company shall be treated as individuals when determining compliance with this chapter.