(1) "Orchard" means an area that has five or more fruit trees, wild or cultivated, for commercial purposes. Only those areas that have actual abandoned or neglected trees, as defined below, within one-half mile of an active tree of the fruitgrowing industry will be considered an orchard under this chapter.

(2) "Active tree" means a tree being cultivated by the fruitgrowing industry for the commercial production of fruit, whether or not that tree has reached the fruit-bearing age. It does not include those trees too old to be productive economically.

(3) "Fruitgrowing industry" means an area or tree dedicated by the owner to the active production of fruit to be sold commercially. This definition does not apply to fruit produced for casual roadside sales unless the activity is an integral part of a business, part-time or full-time, of the grower nor does it include a person who sells his homegrown surplus fruit whenever his production outperforms his personal use.

(4) "Neglected" or "abandoned" refers to orchards where two or more conditions of standard orchard management practices as described in state and regional publications are not being met and one or more pests, pathogens, diseases, conditions of economic consequence to the particular crop being grown.

(5) "Commission" means the South Carolina State Crop Pest Commission or its designee, the Division of Regulatory and Public Service Programs.