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H0448...............................................by AGRICULTURAL AFFAIRS
PLANT PEST ACT - Repeals and adds to existing law to create the Idaho Plant
Pest Act of 2002; to provide for administration of the act by the
Department of Agriculture; to provide for collection of fees and penalties;
to authorize inspections; to provide procedures upon discovery of pests; to
require reporting of plant pests; to provide for liens and cost recovery;
to provide for compensation for the loss or destruction of infested or
infected plants; to provide for quarantines; to authorize rulemaking; to
prohibit shipment, introduction or release of certain pests; to provide for
permits and export certification and compliance agreements; to provide for
crop management areas; to authorize research and investigation of plant
pest problems and control; to provide for payment of costs; and to
authorize cooperation with landowners in pest control projects.
01/17 House intro - 1st rdg - to printing
01/18 Rpt prt - to Agric Aff
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 45-18-7
AYES -- Aikele, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,
Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gould, Higgins, Jaquet, Jones, Kellogg, Kunz, Lake,
Langford, Martinez, Meyer, Montgomery, Mortensen, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Robison, Schaefer, Sellman, Shepherd,
Smith(33), Smith(23), Smylie, Stevenson, Stone, Trail, Young
NAYS -- Barraclough, Barrett, Bedke, Bruneel, Callister, Hammond,
Harwood, Hornbeck, Kendell, Loertscher, Mader, McKague, Roberts,
Sali, Tilman, Wheeler, Wood, Mr. Speaker
Absent and excused -- Bieter, Clark, Crow, Gagner, Hadley, Henbest,
Ridinger
Floor Sponsor - Bolz
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Agric Aff
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Little
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
Pres signed
03/14 To Governor
03/19 Governor signed
Session Law Chapter 89
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 448
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AGRICULTURE AND HORTICULTURE; REPEALING CHAPTERS 10, 19, 20, 21
3 AND 44, TITLE 22, IDAHO CODE; AND AMENDING TITLE 22, IDAHO CODE, BY THE
4 ADDITION OF A NEW CHAPTER 20, TITLE 22, IDAHO CODE, TO PROVIDE A TITLE, TO
5 PROVIDE FOR THE ADMINISTRATION OF THE CHAPTER BY THE IDAHO STATE DEPART-
6 MENT OF AGRICULTURE, TO PROVIDE A STATEMENT OF PURPOSE, TO AUTHORIZE THE
7 DEPARTMENT TO ASSUME CERTAIN DUTIES, TO DEFINE TERMS, TO AUTHORIZE THE
8 DIRECTOR OF THE DEPARTMENT OF AGRICULTURE TO PROMULGATE CERTAIN RULES AND
9 TO PROVIDE FOR THE COLLECTION AND DEPOSIT OF FEES AND PENALTIES, TO AUTHO-
10 RIZE THE DIRECTOR TO CONDUCT INSPECTIONS AND TO ENTER UPON CERTAIN LAND,
11 TO PROVIDE A PROCEDURE UPON THE DISCOVERY OF CERTAIN PESTS, TO AUTHORIZE
12 MARKING OF INFESTED OR INFECTED ARTICLES AND TO REQUIRE REPORTING OF THE
13 DETECTION OF PLANT PESTS, TO PROVIDE FOR HOLD ORDERS OR STOP SALES, TO
14 PROVIDE FOR CONTROL ORDERS, TO PROVIDE FOR THE CONTROL OF NUISANCES AND TO
15 PROVIDE FOR LIENS AND COST RECOVERY, TO PROVIDE FOR COMPENSATION FOR THE
16 LOSS OR DESTRUCTION OF INFESTED OR INFECTED PLANTS, PLANT PRODUCTS OR
17 OTHER ARTICLES, TO PROVIDE FOR QUARANTINES, TO PROVIDE FOR QUARANTINE
18 RULES, TO PROVIDE FOR REGULATED AREAS AND ARTICLES AND TO PROVIDE FOR TEM-
19 PORARY RULES, TO PROVIDE FOR REPEAL OF QUARANTINES, TO AUTHORIZE RULEMAK-
20 ING FOR THE LISTING OF REGULATED NONQUARANTINE PESTS AND RESTRICTION OF
21 CERTAIN PLANT PESTS, TO PROHIBIT THE SHIPMENT, INTRODUCTION OR RELEASE OF
22 CERTAIN PESTS, AGENTS, PLANTS OR ORGANISMS, TO PROVIDE FOR PERMITS, TO
23 PROVIDE FOR EXPORT CERTIFICATION AND COMPLIANCE AGREEMENTS AND TO PROVIDE
24 FOR NONINDIGENOUS PLANT PEST SPECIES, TO PROVIDE FOR CROP MANAGEMENT
25 AREAS, TO AUTHORIZE RESEARCH AND INVESTIGATION OF PLANT PEST PROBLEMS AND
26 CONTROL, TO PROVIDE A PROCEDURE RELATING TO INFESTATIONS OF CERTAIN PESTS,
27 TO PROVIDE FOR PAYMENT OF COSTS RELATING TO PEST CONTROL, TO PROVIDE FOR
28 DEFICIENCY WARRANTS AND TO AUTHORIZE THE DIRECTOR TO COOPERATE WITH OTHER
29 LANDOWNERS IN PEST CONTROL PROJECTS, TO PROVIDE PENALTIES FOR VIOLATIONS,
30 TO PROVIDE FOR COOPERATION WITH OTHER JURISDICTIONS, TO PROVIDE FOR SEVER-
31 ABILITY AND TO CLARIFY THE EFFECT OF THE CHAPTER ON CERTAIN EXISTING LIA-
32 BILITY.
33 Be It Enacted by the Legislature of the State of Idaho:
34 SECTION 1. That Chapters 10, 19, 20, 21 and 44, Title 22, Idaho Code, be,
35 and the same are hereby repealed.
36 SECTION 2. That Title 22, Idaho Code, be, and the same is hereby amended,
37 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
38 ter 20, Title 22, Idaho Code, and to read as follows:
39 CHAPTER 20
40 IDAHO PLANT PEST ACT OF 2002
41 22-2001. TITLE. This chapter shall be known as the "Idaho Plant Pest Act
2
1 of 2002."
2 22-2002. ADMINISTRATION. This chapter shall be administered by the Idaho
3 state department of agriculture.
4 22-2003. STATEMENT OF PURPOSE. The purpose of this chapter is to prevent
5 the introduction and subsequent dissemination of plant pests into Idaho
6 through the movement of nursery stock and other plants and plant products.
7 This chapter provides for the regulation of plant material and plant pests
8 moving into Idaho and establishes provisions under which such plant material
9 and products may legally enter the state. This chapter also establishes provi-
10 sions for the establishment of interstate and intrastate quarantines to
11 restrict the movement of nursery stock, plant pests and plant products.
12 22-2004. DUTIES OF THE DEPARTMENT. The department may control and pre-
13 vent, by such means as shall be prescribed and provided by law, rule, or by
14 order of the department, all contagious, infectious and plant pests destruc-
15 tive to the state's agricultural, forestry or horticultural interests or to
16 the state's general environmental quality.
17 22-2005. DEFINITIONS. When used in this chapter:
18 (1) "Acceptable level" means the probable level of harm that is so low
19 that the imposition of phytosanitary requirements is not required; or the
20 probable level of harm that the trade partners agree to achieve through or by
21 the imposition of pest risk mitigation measures or strategies and accept for
22 continued trade when confirmed by phytosanitary certification of specified
23 host commodities.
24 (2) "Agent" means any person who on behalf of any other person receives
25 on consignment, contracts for, or solicits for sale on commission, any plant
26 product from a producer of such product, or who negotiates the consignment or
27 purchase of any plant product on behalf of any other person.
28 (3) "Agricultural commodities" means plant products including any horti-
29 cultural product.
30 (4) "Agriculture" means the production of plants.
31 (5) "Appliance" means any box, tray, container, ladder, tent vehicle,
32 implement or other article which is, or may be, used in connection with the
33 growing, harvesting, handling or transportation of any agricultural commodity.
34 (6) "Area" means any political division or subdivision or any officially
35 defined area including adjacent parts of contiguous political divisions or
36 subdivisions. Political divisions include nations and states or provinces
37 within nations and states. Political subdivisions include counties, parishes
38 and cities or municipalities. Officially defined areas also may include any
39 other clearly defined and identifiable area including a specific property or
40 facility.
41 (7) "Certificate" means a document authorized or prepared by a duly
42 authorized federal or state regulatory official that affirms, declares or ver-
43 ifies that an article, nursery stock, plant product, shipment or any other
44 officially regulated article meets phytosanitary, quarantine, nursery inspec-
45 tion, pest freedom, plant registration or certification, or other set of legal
46 requirements. Such documents are known by their purpose of issuance:
47 phytosanitary certificate, for the purpose of verifying compliance with
48 phytosanitary or quarantine requirements; nursery stock certificate, for the
49 purpose of verifying compliance with nursery inspection and pest freedom stan-
50 dards; registration or certification tags and seals, for the purpose of veri-
51 fying compliance with registration or certification requirements.
3
1 (8) "Certification" means the official act of affirming, declaring or
2 verifying compliance with phytosanitary, quarantine, nursery inspection, pest
3 freedom, plant registration or any other set of legal requirements.
4 (9) "Compliance agreement" means any written agreement between a person
5 and a duly authorized regulatory agency to achieve compliance with any set of
6 requirements being enforced by the agency.
7 (10) "Control" means abatement, suppression, containment or eradication of
8 a pest population.
9 (11) "Control order" means a written directive from the director requiring
10 the control of a pest.
11 (12) "Conveyance" means a method of transportation.
12 (13) "Crop management area" means that area in which certain specified
13 crop management practices are required.
14 (14) "Crop seed" means the seed or seedlike fruit of grain, beans, flax,
15 beets, onions or any other crop whether or not it is intended for planting
16 purposes.
17 (15) "Department" means the Idaho state department of agriculture.
18 (16) "Director" means the director of the Idaho state department of agri-
19 culture or his duly authorized representative.
20 (17) "Economic impacts" means significant damage or harm in terms of well
21 documented:
22 (a) Plant or crop destruction or injury;
23 (b) Increased cultural or pest control costs;
24 (c) Disruption of existing pest control strategies such as biological
25 control, integrated pest management, sustainable agriculture or forestry,
26 and cropping patterns or loss of a high value crop without replacement by
27 an equally valuable and marketable crop;
28 (d) Social adversities such as interference with home or urban gardening,
29 human health, worker safety, food safety or jobs; or
30 (e) Environmental quality including added pesticide use, scenic and
31 watershed damage, destruction of ecosystems and food chain interference.
32 (18) "Economically unacceptable impact" means that level of adverse eco-
33 nomic impact which is identified and defined for plants for planting by a duly
34 authorized federal or state plant protection organization.
35 (19) "Endangered area" means continent, region, country, state, county,
36 province, municipality or any other delineated political or otherwise lawfully
37 constituted geographic area which has been officially identified for protec-
38 tion from injurious pests not already present.
39 (20) "Eradication" means elimination of a pest based on absence determined
40 by a negative, mutually agreed upon verification survey for the target pest.
41 (21) "Farm product" includes, but is not limited to, every agricultural,
42 horticultural, viticultural, apicultural, floricultural and vegetable product,
43 including honey bees.
44 (22) "Free from" means that either a valid detection survey has been per-
45 formed or there is no published record showing that a specific pest is pres-
46 ent; or that the article, nursery stock, plant, plant product or any other
47 regulated article has been visually inspected or tested in accordance with
48 specified requirements and that no live life stage of the regulated pest(s)
49 was found.
50 (23) "Grain" means any crop seed intended for human or animal consumption.
51 (24) "Hold order or stop sale" means any written directive issued by the
52 director to a person who owns or controls any appliance, article, nursery
53 stock, plant, plant product or any other article that has been determined to
54 be, or likely to be, infested with regulated pest(s) or otherwise not in com-
55 pliance with this chapter or rules promulgated hereunder, prohibiting movement
4
1 from one location to another, except as otherwise prescribed in the directive.
2 (25) "Host" means any appliance, article, commodity, nursery stock, plant,
3 plant product or any other item which may or may not be capable of transport-
4 ing a pest from one place to another.
5 (26) "Infected" means a plant that has been determined by the department
6 to be contaminated with an infectious, transmissible, or contagious plant
7 pest, or so exposed to the aforementioned that contamination can reasonably be
8 expected to exist. This includes disease conditions, regardless of their mode
9 of transmission, or any disorder of plants which manifest symptoms which,
10 after investigation, are determined by a federal or state plant protection
11 organization to be characteristic of an infectious, transmissible or con-
12 tagious disease.
13 (27) "Infested" means a plant that has been determined by the department
14 to be contaminated by a plant pest, or so exposed to the aforementioned that
15 contamination can reasonably be expected to exist.
16 (28) "Investigator" means any person duly authorized by the director to
17 perform any required regulatory activity.
18 (29) "Limited distribution" means a pest known to occur in the state, but
19 with a limited distribution to a single small geographic area or a few small
20 geographic areas which are widely separated within the state.
21 (30) "Management area" means that area in which certain specified crop
22 management practices are required.
23 (31) "Mark" means, for purposes of identification or separation, the
24 department may affix a conspicuous official indicator to, on, around or near,
25 plants or plant material known, or suspected to be, infected or infested with
26 a plant pest. This includes, but is not limited to: paint, markers, tags,
27 seals, stickers, tape, signs or placards.
28 (32) "Move" means to ship, offer for shipment, receive for transport,
29 carry or, in any manner whatsoever, relocate a regulated article from one
30 place to another.
31 (33) "Nursery stock" means all plants or any part thereof, such as aquatic
32 or herbaceous plants, bulbs, sod, buds, corms, culms, roots, scions, grafts,
33 cuttings, fruit pits, seeds of fruits, forest and ornamental trees and shrubs,
34 berry plants, and all trees, shrubs, vines, and plants collected in the wild
35 that are grown or kept for propagation or sale. The term does not include
36 field and forage crops, seeds of grasses, cereal grains, vegetable crops and
37 flower crops, bulbs and tubers of vegetable crops, vegetable crops, vegetables
38 or fruit used for food or feed, cut trees or cut flowers unless stems or other
39 portions thereof are intended for propagation.
40 (34) "Official" means authorized, implemented and directed, or performed
41 by a government plant protection organization.
42 (35) "Officially controlled" means the conduct, by an official government
43 plant protection organization, of eradication or intensive suppression activ-
44 ity including various treatments, quarantine and other measures with the goal
45 of eliminating an isolated infestation or prevention of further spread within
46 the endangered area. It does not include private general agricultural, urban
47 forestry or home garden pest control measures conducted by persons against
48 pests permanently established in an endangered area.
49 (36) "Owner" means the person, with the legal right of possession, propri-
50 etorship of, or responsibility for the property or place where any of the reg-
51 ulated articles as defined in this chapter are to be found, or the person who
52 is in possession of, in proprietorship of, or has responsibility for the regu-
53 lated articles.
54 (37) "Pathway" means any natural or artificial means or avenue that allows
55 for the movement of a pest from one area to another.
5
1 (38) "Permit" means any official document that allows the movement of any
2 regulated article from one location to another in accordance with specified
3 conditions or requirements and for a specified purpose.
4 (39) "Person" means, but is not limited to, any individual, partnership,
5 corporation, company, firm, society, association, organization, government
6 agency or any other entity.
7 (40) "Pest" means any insect, snail, rodent, nematode, fungus, virus, bac-
8 terium, microorganism, mycoplasma-like organism, weed, plant, or parasitic
9 higher plant and any other pest as defined by rule or any of the following
10 that is known to cause damage or harm to agriculture or the environment:
11 (a) Any infectious, transmissible or contagious disease of any plant; or
12 any disorder of any plant which manifests symptoms or behavior which,
13 after investigation and hearing, is found and determined by a duly consti-
14 tuted federal, state or local plant protection organization, to be charac-
15 teristic of an infectious, transmissible or contagious disease;
16 (b) Any form of invertebrate animal life;
17 (c) Any form of plant life.
18 (41) "Pest-free area" means an area kept free from a specific pest.
19 (42) "Pest risk analysis" means characterizing the nature of pest hazard
20 or harm; identifying the degree of probability or likelihood of harm; analyz-
21 ing the degree to which risk mitigation measures or strategies can reduce the
22 probability of harm to an acceptable level; and recommending pest risk mitiga-
23 tion measures or strategies.
24 (43) "Phytosanitary" means plant health.
25 (44) "Phytosanitary measures" means any growing season or postharvest
26 treatment or any other method (tactic) or strategy (combination of methods or
27 tactics) specified in a quarantine to reduce pest risk to an acceptable level.
28 (45) "Plant" means any part of a plant, tree, aquatic plant, plant prod-
29 uct, plant material, shrub, vine, fruit, rhizome, sod, vegetable, seed, bulb,
30 stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit pit, also
31 including:
32 (a) Agricultural commodities;
33 (b) Noncultivated or feral plants gathered from the environment;
34 (c) Plants produced by tissue culture, cloning or from stem cell cultures
35 or other prepared media culture.
36 (46) "Plants for planting" means any part of a plant that is intended to
37 be planted.
38 (47) "Preclearance" means an agreement between quarantine officials of
39 exporting and importing states or countries to pass plants through quarantine
40 by allowing the exporting state or country to inspect the plants preshipment,
41 rather than the importing state or country inspecting the shipment upon arri-
42 val.
43 (48) "Public nuisance" means any premises, plant, appliance, conveyance or
44 article which is infected or infested with any plant pest that may cause sig-
45 nificant damage or harm, or premises where any plant pest is found.
46 (49) "Quarantine" means a restriction imposed by a duly authorized plant
47 regulatory agency whereby the production, movement or existence of plants, or
48 any other article or material, or the normal activity of persons, is brought
49 under regulation, in order that the introduction or spread of a pest may be
50 prevented or limited, or in order that a pest already introduced may be con-
51 trolled or eradicated, thereby reducing or avoiding losses that would other-
52 wise occur through damage done by the pest or through continuing cost of con-
53 trol measures.
54 (50) "Quarantine pest" means a pest of economically unacceptable impact to
55 the area endangered thereby and not yet present there, or present but not
6
1 widely distributed and being officially controlled.
2 (51) "Registration" means the official recording of a growing location,
3 person, plant, sales location or any other item or place as one that has met
4 specified requirements and therefore eligible for a particular activity, oper-
5 ation or purpose.
6 (52) "Regulated article" means any item the movement of which is governed
7 by a quarantine or any other rule.
8 (53) "Regulated nonquarantine pest" means a nonquarantine pest whose pres-
9 ence affects the intended use of plants with an economically unacceptable
10 impact.
11 (54) "Regulated pest" means quarantine pest or regulated nonquarantine
12 pest.
13 (55) "Regulated or restricted area" means a geographical area in which
14 special restrictions on the management of certain plant materials are imposed.
15 (56) "Regulatory incident" means the detection of a pest under circum-
16 stances which indicate the absence of establishment.
17 (57) "Restrictive measure" means a phytosanitary measure allowing only
18 specified actions that are subject to certain requirements.
19 (58) "Shipment" means anything which is, may be, or has been transported
20 from one place to another.
21 (59) "Significant damage or harm" means that level of economic impact that
22 results in damage, injury or loss that exceeds the cost of control for a par-
23 ticular crop.
24 (60) "State plant regulatory official" means the employee(s) designated to
25 enforce the provisions of a state's plant pest laws, quarantines and rules.
26 (61) "State quarantine" means a rule promulgated pursuant to state author-
27 ity that identifies a pest or pests and imposes requirements for certification
28 of regulated articles as being in compliance with specified restrictions or
29 requirements for pest freedom.
30 (62) "Suppressive area" means a plant pest infested area where
31 phytosanitary measures are being applied to reduce the plant pest population
32 and thereby limit the spread of the pest.
33 (63) "Survey" means the systematic search for pests in accordance with
34 mutually agreed upon methods designed to assure confidence in their meaning
35 and accuracy for pest prevention purposes such as control, verification of
36 pest-free areas, identification of possible harm, evaluation of probability of
37 harm, and taking appropriate actions to prevent predicted significant harm.
38 Surveys may be performed for the purposes of detection, delimitation or veri-
39 fication.
40 (64) "Undesirable plant" means any plant species which is detrimental to
41 the quality of the product of that crop, by competition, cross-pollination, or
42 any other means to the production of the crop for which a crop management area
43 was established.
44 22-2006. PROMULGATION OF RULES -- COLLECTION AND DEPOSIT OF FEES AND PEN-
45 ALTIES. (1) The director is hereby authorized to promulgate rules:
46 (a) Necessary for the efficient enforcement of the provisions of this
47 chapter including, but not limited to: setting of quarantine boundaries,
48 requirements for importing and exporting plant materials, planting, test-
49 ing, sampling, inspection, certification, compliance verification proce-
50 dures, recordkeeping procedures, and setting of a schedule of fees for
51 services performed by the department in the administration of this chap-
52 ter.
53 (b) To implement and carry out the purposes of this chapter to control
54 and prevent the spread of plant pests within the state and from within the
7
1 state to points outside the state.
2 (c) To regulate nonquarantine species, exempt species and federally quar-
3 antined species.
4 (2) All revenues from fees and penalties collected as authorized under
5 this chapter shall be deposited to the agricultural department inspection fund
6 created pursuant to section 22-105, Idaho Code.
7 22-2007. AUTHORITY TO CONDUCT INSPECTIONS -- ENTRY ON LANDS. (1) The
8 director may enter into each county of the state for the purpose of inspect-
9 ing, examining and determining thereby the healthfulness and general condition
10 of the environmental, horticultural, forestry and agricultural interests.
11 (2) In order to accomplish the purposes of this chapter, the director may
12 enter upon and inspect any public or private premises, lands, or means of con-
13 veyance, or article of any person within this state, for the purpose of
14 inspecting, surveying, treating, controlling or destroying any plant or plant
15 pest.
16 22-2008. DISCOVERY OF PLANT PESTS -- OFFICIAL MARKING OF INFESTED OR
17 INFECTED ARTICLES -- REPORTING THE DETECTION OF PLANT PESTS. (1) Upon knowl-
18 edge of the existence of a regulated pest or a pest that may cause significant
19 damage or harm within the state, the department is authorized to conspicuously
20 mark all plants, materials and articles known or suspected to be infected or
21 infested with the pest. The department shall notify the person, owner or the
22 tenant in possession of the premises or area in question of the existence of
23 the pest and of the prescribed control measures. The aforementioned person
24 shall, within the prescribed time limit, implement the conditions of the
25 department's hold order or stop sale or be subject to civil penalties.
26 (2) The state plant regulatory official shall immediately report the
27 detection of new plant pests within the state to the director and to the U.S.
28 department of agriculture. Other state plant regulatory officials shall be
29 notified as deemed necessary.
30 22-2009. HOLD ORDER OR STOP SALE. The director may issue hold orders or
31 stop sales to take prompt regulatory action in plant pest emergencies on any
32 plant, article, or commodity entering this state in violation of this chapter
33 or rules promulgated hereunder.
34 22-2010. CONTROL ORDERS -- CONTROL OF NUISANCES -- LIENS AND COST RECOV-
35 ERY. (1) If upon any complaint or inspection, there is found any pest injuri-
36 ous to plants, or an imminent potential threat of any pests injurious to any
37 plants, the director shall notify the owner or the person in charge or in pos-
38 session of such places, fields, plants or other articles. The director shall
39 issue a control order requiring such owner or person to control said injurious
40 pests or to take such steps as may be necessary to remove the imminent poten-
41 tial threat of pests within a reasonable time to be specified. The control
42 order shall be served in person or in writing, or it may be served in the same
43 manner as a summons in a civil action, on the owner or person owning or in
44 charge or in possession of such infested places, rights-of-way, fields or
45 plants.
46 (2) If the owner or person in charge of any property on which there are
47 plants or other articles infested with any pest thereof, or any article known
48 to be a host of a pest, after having been issued a control order to control
49 such pests or articles, shall fail, neglect or refuse to do so, then all such
50 property, plants and articles are declared to be a public nuisance and shall
51 be proceeded against as such. When such nuisance shall exist on any property
8
1 within the state, the department shall cause such nuisance to be controlled at
2 once by disinfecting or destroying the infested articles or host material. The
3 expense of such proceedings shall be paid for by the state pursuant to section
4 22-2019, Idaho Code, subject to the provisions of subsection (3) of this sec-
5 tion.
6 (3) All sums so paid for carrying out the provisions of this section
7 shall be a legal charge against such property and if not paid within thirty
8 (30) days from the time when demand therefor is first made upon the owner of
9 such property by the department controlling such nuisance, shall be certified
10 by the said department to the tax collector of the county wherein the property
11 is situated and thereafter shall constitute a lien upon such property and such
12 sum shall be added by said tax collector to the general taxes assessed against
13 said property which becomes due the next year thereafter and shall be col-
14 lected by him in the same manner and with the same penalties as such other
15 taxes. Nothing contained in this section shall be construed to require satis-
16 faction of the obligation imposed hereby in whole or in part from the sale of
17 property or to bar the application of any other or additional remedy otherwise
18 available. Amounts collected under this subsection shall be paid into the
19 state treasury and credited to the general fund.
20 22-2011. COMPENSATION FOR THE LOSS OR DESTRUCTION OF INFESTED OR INFECTED
21 PLANTS, PLANT PRODUCTS OR OTHER ARTICLES. No damages shall be awarded to the
22 owner for the loss or destruction of infested or infected plants, plant prod-
23 ucts, or other articles, or any reimbursement made for expenses incurred inci-
24 dent to the application of the prescribed preventive or remedial measures,
25 unless specifically appropriated by the Idaho state legislature. Under the
26 provisions of this chapter the infected or infested plants, plant products or
27 articles are considered to be a public nuisance.
28 22-2012. QUARANTINES. The director, by and with the approval of the gov-
29 ernor, may, after investigations or hearings, establish, maintain and enforce
30 quarantines as the director deems necessary to protect any and all plants
31 against infestation or infection by any plant pest, new to or not heretofore
32 widely prevalent or distributed within or throughout the state of Idaho. Quar-
33 antine rules issued under this chapter shall be promulgated in accordance with
34 chapter 52, title 67, Idaho Code.
35 22-2013. QUARANTINE RULES -- REGULATED AREAS AND ARTICLES -- TEMPORARY
36 RULES. The director may promulgate quarantine rules, whereby the production,
37 movement or existence of plants, or any other article or material, or the nor-
38 mal activity of persons, is brought under rules, in order that the introduc-
39 tion or spread of a plant pest may be prevented or limited, or in order that a
40 plant pest already introduced may be officially controlled, thereby reducing
41 or avoiding an economic impact that would otherwise occur through damage done
42 by the pest or through continuing cost of control measures.
43 (1) Federal quarantine. The department may enter into cooperative agree-
44 ments with the U.S. department of agriculture, and other federal, state, city
45 or county agencies to assist in the enforcement of federal quarantines. The
46 department may establish a quarantine and promulgate a rule against a plant
47 pest or an area not covered by a federal quarantine. The department may seize,
48 destroy or require treatment of products moved from a federally regulated area
49 if they were not moved in accordance with the federal quarantine rules or, if
50 certified, they were found to be infested with the plant pest.
51 (2) State plant quarantines:
52 (a) State interior quarantine. The department may establish a quarantine
9
1 against a plant pest that is not of quarantine significance to other
2 states, to prevent the spread of the plant pest within its borders; or
3 establish a quarantine against a plant pest of regional or national sig-
4 nificance when no federal quarantine has been established.
5 (b) Parallel state interior quarantine. The department may establish a
6 parallel state interior quarantine against a plant pest which is of lim-
7 ited distribution in the state and is the subject of a federal quarantine.
8 The quarantine regulates intrastate movement between quarantined and
9 nonquarantined areas of the state. This quarantine action is required if
10 the federal quarantine is to apply only to the infested portion of the
11 state.
12 (c) Uniform state quarantine. The department may establish a uniform
13 state quarantine with other infested states which are parallel with
14 respect to their basic quarantine requirements. The regulated area in the
15 uniform state quarantine shall describe the area to be regulated. The
16 quarantine shall include a reference to regulated areas of all the
17 infested states under the uniform state quarantine. When a plant pest of
18 regional or national significance occurs only in limited areas of the
19 state and no federal quarantine is established, a state interior quaran-
20 tine shall be established.
21 (d) Standard state exterior quarantine. The department may establish a
22 standard state exterior quarantine if the plant pest is not established in
23 the state but is established in other states and no federal quarantine has
24 been established. The department may require controls at origin or desti-
25 nation as are necessary to provide protection for Idaho industries, the
26 public and the environment.
27 (3) Regulated areas. The regulated area to be described in quarantine
28 rules may involve the entire state, portion of the state (areas) or a list of
29 locations of infested properties:
30 (a) Regulated areas may be subdivided into suppressive and generally
31 infested areas where it is desirable to augment control measures being
32 applied in certain areas, and it is believed necessary to control movement
33 into such areas from generally infested areas.
34 (b) Provisions in the quarantine rules may be made for adding to the reg-
35 ulated area any other area known to be infested, or which is found to be
36 infested after establishment of the quarantine, when so declared by the
37 director.
38 (c) When an infestation in a certain regulated area has been eliminated
39 through the application of treatments, to the extent that movements of the
40 regulated articles therefrom would no longer present a pest risk, the
41 quarantine may be lifted. Provided, a hold order shall be issued to each
42 owner of any remaining infested property in the aforementioned regulated
43 area.
44 (4) Movement of regulated articles:
45 (a) Interstate shipments:
46 (i) Any regulated article that is prohibited interstate movement or
47 is required to be certified, if moved interstate from an area regu-
48 lated by a state or federal quarantine, shall be refused entry into
49 the state.
50 (ii) The owner or carrier of regulated articles that are reportedly
51 originating in nonregulated areas of a quarantined state must provide
52 proof of origin of the regulated articles through an invoice, waybill
53 or other shipping document.
54 (iii) If only a portion of a state is under a state or federal quar-
55 antine, the shipment will not be refused nor a certificate required
10
1 if the article originates from a nonregulated area of the shipping
2 state, unless the article is found to be infested or prohibited.
3 (b) Intrastate shipments:
4 (i) Certificates or permits are required for the movement of
5 nonexempted regulated articles when:
6 1. Moving from a regulated area to any point outside thereof.
7 2. Moving from a generally infested area into a suppressive
8 area.
9 3. Moving within a suppressive area where such control over
10 this movement is desirable.
11 (ii) Certificates or permits should not be required for any regu-
12 lated article originating outside of a regulated area moving to
13 another nonregulated area, or moving through or reshipped from a reg-
14 ulated area when the point of origin of the article is clearly indi-
15 cated on a waybill, bill of lading, shipper's invoice or other simi-
16 lar document accompanying the shipment, provided that shipments
17 moving through or being reshipped from a regulated area must be safe-
18 guarded against infestation while within the regulated area in a man-
19 ner satisfactory to an investigator.
20 (iii) Certificates should not be issued unless provisions of other
21 applicable quarantines have been met and the regulated articles:
22 1. Originate in a noninfested portion of the regulated area and
23 have not been exposed to infestation while within the regulated
24 area; or
25 2. Have been examined and found to be free of infestation; or
26 3. Have been treated in accordance with procedures approved by
27 the director; or
28 4. Have been grown, produced, manufactured, stored or handled
29 in such a manner that, in the judgment of the investigator, no
30 infestation would be transmitted thereby.
31 (iv) Limited permits may be issued to allow the movement of regu-
32 lated articles to a specified destination for limited handling, uti-
33 lization, or processing, provided the investigator has determined
34 that such movement will not result in the spread of the pest and
35 requirements of other quarantines have been met.
36 (v) Control over the movement of regulated articles from infested
37 areas to noninfested areas within a regulated area may be provided
38 for when such control over movement within a regulated area is
39 desired to prevent the spread of plant pests. This provision usually
40 will be applicable only when officially controlled treatments are
41 being applied and would be handled through a direct written notice to
42 the property owner concerned.
43 (vi) Compliance agreements should be required as a basis for the
44 issuance of certificates or permits in bulk to industry for their
45 issuance, and they are desirable to explain the main provisions of
46 the quarantine for that particular concern.
47 (5) Temporary rules. The department may promulgate temporary rules pursu-
48 ant to chapter 52, title 67, Idaho Code, in order to take immediate regulatory
49 action to prevent the introduction or establishment of a plant pest.
50 22-2014. REPEAL OF QUARANTINES. The director, by and with the approval of
51 the governor, may repeal a quarantine when its purposes have been accom-
52 plished, or if the progress of events has clearly proved that the desired end
53 is not possible to attain by the restrictions adopted. The quarantine shall be
54 promptly reconsidered, either with a review or repeal or with intent of sub-
11
1 stituting other measures. Before any such repeal of a quarantine shall become
2 effective, the same shall be approved by the governor and shall be signed in
3 duplicate by him, and one (1) copy thereof shall be filed in the office of
4 the secretary of state and the other in the office of the director. Quarantine
5 rules issued under this chapter must be repealed in accordance with chapter
6 52, title 67, Idaho Code.
7 22-2015. LISTING OF REGULATED NONQUARANTINE PESTS AND RESTRICTIONS BY
8 RULES. The director may promulgate rules listing regulated nonquarantine pests
9 and specify restrictions for specific plant pests with a specified economi-
10 cally unacceptable impact to Idaho agriculture.
11 22-2016. PROHIBITED ACTIVITY -- PERMITS -- EXPORT CERTIFICATION AND COM-
12 PLIANCE AGREEMENTS -- NONINDIGENOUS PLANT PEST SPECIES. (1) The shipment,
13 introduction into or release within this state of any plant pest, biocontrol
14 agent, or genetically engineered plant or plant pest, or any other organism
15 which may directly or indirectly affect the plant life of this state as an
16 injurious pest, parasite or predator of other organisms, or any arthropod, is
17 prohibited, except under permit issued by the department, or as exempted by
18 rule.
19 (2) Permits:
20 (a) Permits for shipment of plant pests. No person may sell, offer for
21 sale, move, convey, transport, deliver, ship or offer for shipment, any
22 plant pest or biological control agent, without an application and permit
23 to move live plant pests and noxious weeds, PPQ Form 526, supplements
24 thereto, published by the U.S. department of agriculture, animal and plant
25 health inspection service, plant protection and quarantine, or any publi-
26 cation revising or superseding the aforementioned, or its state equiva-
27 lent. Permits may be issued only after the director determines that the
28 proposed shipment or use will not create a hazard to the agricultural,
29 forest or horticultural interests of this state or to the state's general
30 environmental quality. The permit shall be affixed conspicuously and on
31 the exterior of each shipping container, box, package, appliance, or
32 accompany each shipping container, box, package or appliance, as the
33 director requires.
34 (b) Biotechnology permits. The director may enter into cooperative agree-
35 ments with the U.S. department of agriculture to provide oversight and
36 regulation of genetically engineered plants or any organism that may be a
37 plant pest. This includes reviewing U.S. department of agriculture
38 biotechnology notifications and permits, inspection of facilities conduct-
39 ing agricultural biotechnology and field release sites.
40 (c) Interstate origin inspection and preclearance permits (compliance
41 agreements). The director may issue permits for interstate origin and
42 preclearance of quarantine articles based on pest risk mitigation tactics
43 or strategies that can be enforced at the point of origin of the shipment.
44 Interstate origin inspection programs can be developed to achieve compli-
45 ance with quarantine restrictions, regulated nonquarantine pest restric-
46 tions and product quality standards.
47 (3) Export certification and compliance agreements. The director has the
48 authority to enter into compliance agreements for the purpose of certifying
49 articles as pest free for export certification.
50 (4) A nonindigenous plant pest species known or not known to occur in the
51 state of Idaho may not be granted entry into the state unless issued a written
52 permit by the director. Permits shall contain such conditions and measures as
53 the director may see fit to prevent the species from becoming established or
12
1 further established within the state.
2 22-2017. CROP MANAGEMENT AREAS. The legislature recognizes the fact that
3 in order to produce crops that are free from plant pests, and to control such
4 plant pests, it is frequently necessary to apply certain crop management prac-
5 tices over an area which may include several farms, orchards, nurseries or
6 other crop producing entities. Such practices may include, but are not limited
7 to, use of clean seed, destruction of infested or undesirable plants, use of
8 chemicals and prohibiting introduction of host materials. The legislature fur-
9 ther recognizes that it is in the public interest that the director be autho-
10 rized to designate certain areas as crop management areas and to stipulate
11 those practices which shall be followed in the management area insofar as they
12 affect the particular crop.
13 (1) The director may provide for establishment of a crop management area
14 after presentation of a petition signed by not less than twenty-five
15 (25) registered electors residing within the confines of the proposed crop
16 management area. The petitioners shall give the petition to the county clerk
17 of the county or counties who shall examine the signatures and certify the
18 number of valid signatures of electors residing within the confines of the
19 proposed crop management area and transmit the petition to the director. The
20 director may establish a crop management area within the boundaries specified
21 in the petition. The director may make and enforce rules to maintain the man-
22 agement area. Rules may include, but shall not be limited to:
23 (a) Specification of the kind and quality of seed or other propagative
24 material which may be planted in the area;
25 (b) Specification of treatments, chemical or otherwise, which shall be
26 used to control pests or undesirable plants in the area;
27 (c) Transportation of vegetative material into, within or out of the
28 area;
29 (d) Disposition of infested crops, undesirable plants or other material
30 which may include destruction of the crops, plants or other material;
31 (e) Disposition of vegetative material planted in violation of the rules.
32 (2) Disposition of infested or violative material in a crop management
33 area shall be at the expense of the owner thereof.
34 22-2018. RESEARCH AND INVESTIGATION OF PLANT PEST PROBLEMS AND CONTROL.
35 As deemed necessary, the director may fund research to prevent the introduc-
36 tion or spread of plant pests causing or having the potential to cause signif-
37 icant damage or harm in the state, and to investigate the feasibility of their
38 control.
39 22-2019. INFESTATIONS -- PEST CONTROL COSTS -- DEFICIENCY WARRANTS --
40 COOPERATION WITH OTHER LANDOWNERS. Whenever the director determines that there
41 exists the threat of an infestation of grasshoppers, crickets or other plant
42 pests on state-owned land, private, range or agricultural land, and that the
43 infestation is of such a character as to be a menace to state, private, range
44 or agricultural land, the director may declare the existence of an infesta-
45 tion. Thereupon, the director shall have the power to go upon the state-owned
46 land, private, range or agricultural land within the infested area, and shall
47 cause the pest infestation to be controlled, using such funds as have been
48 appropriated or may hereafter be made available for such purposes. Provided
49 however, that whenever the cost of control of grasshoppers, crickets or other
50 plant pests on state-owned land, private, range or agricultural land exceeds
51 the funds appropriated or otherwise available for that purpose, the state
52 board of examiners may authorize the issuance of deficiency warrants against
13
1 the general fund account for up to five hundred thousand dollars ($500,000) in
2 any one (1) year for such survey, detection and control. The director in exe-
3 cuting the provisions of this chapter insofar as it relates to state-owned
4 land, private, range or agricultural land, shall have the authority to cooper-
5 ate with federal, state, county, municipal and private landowners in pest con-
6 trol projects; provided, that the state funds shall only be used to pay the
7 state's pro rata share based on acreage of state-owned land, private, range or
8 agricultural land treated. Such moneys as the state shall thus become liable
9 for shall be paid out of appropriations which shall be made by the legislature
10 for that purpose.
11 22-2020. PENALTIES FOR VIOLATIONS. (1) Any person who violates any pro-
12 vision of this chapter, or of the rules promulgated hereunder for carrying out
13 the provisions of this chapter, or who fails or refuses to comply with any
14 requirements herein specified, or who interferes with the department, its
15 agents or employees, in the execution, or on account of the execution of its
16 or their duties under this chapter or rules promulgated hereunder, shall be
17 guilty of a misdemeanor and upon conviction thereof, shall be fined not more
18 than three thousand dollars ($3,000) or be imprisoned in a county jail for
19 not more than twelve (12) months or be subject to both such fine and impris-
20 onment.
21 (2) Any person who violates or fails to comply with any of the provisions
22 of this chapter or any rules promulgated hereunder may be assessed a civil
23 penalty by the department or its duly authorized agent of not more than ten
24 thousand dollars ($10,000) for each offense and shall be liable for reason-
25 able attorney's fees.
26 (a) Assessment of a civil penalty may be made in conjunction with any
27 other department administrative action.
28 (b) No civil penalty may be assessed unless the person charged was given
29 notice and opportunity for a hearing pursuant to the Idaho administrative
30 procedure act.
31 (c) If the department is unable to collect such penalty or if any person
32 fails to pay all or a set portion of the civil penalty as determined by
33 the department, it may recover such amount by action in the appropriate
34 district court.
35 (d) Any person against whom the department has assessed a civil penalty
36 under the provisions of this section may, within thirty (30) days of the
37 final action by the agency making the assessment, appeal the assessment to
38 the district court of the county in which the violation is alleged by the
39 department to have occurred.
40 (e) All civil penalties collected pursuant to this section shall be
41 remitted to the agricultural department inspection fund.
42 (3) Nothing in this chapter shall be construed as requiring the director
43 to report minor violations for prosecution when he believes that the public
44 interest will be best served by suitable warnings or other administrative
45 action.
46 22-2021. COOPERATION WITH OTHER JURISDICTIONS. (1) The department may
47 enter into cooperative agreements with organizations including, but not lim-
48 ited to: persons, civic groups, or governmental agencies, to adopt and execute
49 plans to detect and control areas infested or infected with plant pests. Such
50 cooperative agreements may include provisions of joint funding of any control
51 treatment.
52 (2) If a plant pest occurs and cannot be adequately controlled by indi-
53 vidual person(s), owner(s), tenant(s) or local units of government, the
14
1 department may conduct the necessary control measures independently or on a
2 cooperative basis with federal or other units of government.
3 22-2022. SEVERABILITY. If any section, sentence, clause, phrase, or other
4 portion of this chapter is for any reason held to be unconstitutional, the
5 decision shall not affect the validity of the remaining portions thereof.
6 22-2023. NO EFFECT ON EXISTING LIABILITY. The enactment of this chapter
7 does not terminate or modify any civil or criminal liability relating to plant
8 pests which exists prior to the effective date of this chapter.
STATEMENT OF PURPOSE
RS 11481C1
This legislation will repeal five plant pest regulatory laws in an
effort to eliminate duplication and inconsistencies and to combine
the common provisions of those laws into one comprehensive Plant Pest
Law which is modeled after the Plant Pest Law developed by the
National Plant Board. The five laws to be repealed are:
1. Title 22, Chapter 10. Crop Management Areas, Idaho Code
2. Title 22, Chapter 19. Horticultural and Nursery Inspection, Idaho
Code
3. Title 22, Chapter 20. Quarantines, Idaho Code
4. Title 22, Chapter 21. Plant Pest Control and Research Commission,
Idaho Code
5. Title 22, Chapter 44. Green Peach Aphids Eradication, Idaho Code
The authority, definitions, procedures and penalties differ, and in
some instances, may even be in conflict between the five laws. Some
definitions are in conflict with those used by the USDA and
International Plant Protection Convention. A procedure for the
establishment of quarantines is provided. The five plant pest
regulatory laws lack a blanket authority to keep exotic pests out of
the state. Currently, to prevent the introduction of exotic plant
pests,it is necessary to establish quarantine rules for each
individual pest.
FISCAL IMPACT
This is primarily a housekeeping measure. There will be no new
fiscal impact. There are several existing budgeted programs under
the existing code to be repealed that will continue unchanged under
the new consolidated law.
CONTACT
Name: Dr. Roger Vega, Administrator
Michael E. Cooper, Bureau Chief
Agency: Agriculture, Dept. of
Phone: 332-8620
Statement of Purpose/Fiscal Impact H 448