In the October 29, 2010, Federal Register, USDA's Animal and Plant Health Inspection Service reopened the comment period to gather further input on how to define the terms "common cultivar" and "common food crop." The comment deadline, originally set to expire on October 4, 2010, has been extended until November 29, 2010. For more details see EDocket.access.gpo.gov.

The original August 4, 2010, notice proposed the following definitions: "Common cultivar." A plant (except a tree) that: (a) Has been developed through selective breeding or other means for specific morphological or physiological characteristics; and (b) Is a species or hybrid that is cultivated on a commercial scale; and (c) Is not listed: (1) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (2) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (3) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.

"Common food crop." A plant that: (a) Has been raised, grown, or cultivated for human or animal consumption, and (b) Is a species or hybrid that is cultivated on a commercial scale; and (c) Is not listed: (1) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (2) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (3) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction. In addition, we propose to add a definition for "plant," consistent with the definition in the Act, to read as follows: "Any wild member of the plant kingdom, including roots, seeds, parts or products thereof, and including trees from either natural or planted forest stands."

Are those definitions reasonable and workable? Submit your comments while you can.