Section 22-2001 – TITLE.
22-2001. TITLE. This chapter shall be known as the "Idaho Plant Pest Act of 2002." History: [22-2001, added 2002, ch. 89, sec. 2, p. 211.]
Section 22-2002 – ADMINISTRATION.
22-2002. ADMINISTRATION. This chapter shall be administered by the Idaho state department of agriculture. History: [22-2002, added 2002, ch. 89, sec. 2, p. 211.]
Section 22-2003 – STATEMENT OF PURPOSE.
22-2003. STATEMENT OF PURPOSE. The purpose of this chapter is to prevent the introduction and subsequent dissemination of plant pests into Idaho through the movement of nursery stock and other plants and plant products. This chapter provides for the regulation of plant material and plant pests moving into Idaho and establishes provisions under which such […]
Section 22-2004 – DUTIES OF THE DEPARTMENT.
22-2004. DUTIES OF THE DEPARTMENT. The department may control and prevent, by such means as shall be prescribed and provided by law, rule, or by order of the department, all contagious, infectious and plant pests destructive to the state’s agricultural, forestry or horticultural interests or to the state’s general environmental quality. History: [22-2004, added 2002, […]
Section 22-2005 – DEFINITIONS.
22-2005. DEFINITIONS. When used in this chapter: (1) "Acceptable level" means the probable level of harm that is so low that the imposition of phytosanitary requirements is not required; or the probable level of harm that the trade partners agree to achieve through or by the imposition of pest risk mitigation measures or strategies and […]
Section 22-2006 – PROMULGATION OF RULES — COLLECTION AND DEPOSIT OF FEES AND PENALTIES.
22-2006. PROMULGATION OF RULES — COLLECTION AND DEPOSIT OF FEES AND PENALTIES. (1) The director is hereby authorized to promulgate rules: (a) Necessary for the efficient enforcement of the provisions of this chapter including, but not limited to: setting of quarantine boundaries, requirements for importing and exporting plant materials, planting, testing, sampling, inspection, certification, compliance […]
Section 22-2007 – AUTHORITY TO CONDUCT INSPECTIONS — ENTRY ON LANDS.
22-2007. AUTHORITY TO CONDUCT INSPECTIONS — ENTRY ON LANDS. (1) The director may enter into each county of the state for the purpose of inspecting, examining and determining thereby the healthfulness and general condition of the environmental, horticultural, forestry and agricultural interests. (2) In order to accomplish the purposes of this chapter, the director may […]
Section 22-2008 – DISCOVERY OF PLANT PESTS — OFFICIAL MARKING OF INFESTED OR INFECTED ARTICLES — REPORTING THE DETECTION OF PLANT PESTS.
22-2008. DISCOVERY OF PLANT PESTS — OFFICIAL MARKING OF INFESTED OR INFECTED ARTICLES — REPORTING THE DETECTION OF PLANT PESTS. (1) Upon knowledge of the existence of a regulated pest or a pest that may cause significant damage or harm within the state, the department is authorized to conspicuously mark all plants, materials and articles […]
Section 22-2009 – HOLD ORDER OR STOP SALE.
22-2009. HOLD ORDER OR STOP SALE. The director may issue hold orders or stop sales to take prompt regulatory action in plant pest emergencies on any plant, article, or commodity entering this state in violation of this chapter or rules promulgated hereunder. History: [22-2009, added 2002, ch. 89, sec. 2, p. 217.]
Section 22-2010 – CONTROL ORDERS — CONTROL OF NUISANCES — LIENS AND COST RECOVERY.
22-2010. CONTROL ORDERS — CONTROL OF NUISANCES — LIENS AND COST RECOVERY. (1) If upon any complaint or inspection, there is found any pest injurious to plants, or an imminent potential threat of any pests injurious to any plants, the director shall notify the owner or the person in charge or in possession of such […]
Section 22-2012 – QUARANTINES.
22-2012. QUARANTINES. The director, by and with the approval of the governor, may, after investigations or hearings, establish, maintain and enforce quarantines as the director deems necessary to protect any and all plants against infestation or infection by any plant pest, new to or not heretofore widely prevalent or distributed within or throughout the state […]
Section 22-2013 – QUARANTINE RULES — REGULATED AREAS AND ARTICLES — TEMPORARY RULES.
22-2013. QUARANTINE RULES — REGULATED AREAS AND ARTICLES — TEMPORARY RULES. The director may promulgate quarantine rules, whereby the production, movement or existence of plants, or any other article or material, or the normal activity of persons, is brought under rules, in order that the introduction or spread of a plant pest may be prevented […]
Section 22-2014 – REPEAL OF QUARANTINES.
22-2014. REPEAL OF QUARANTINES. The director, by and with the approval of the governor, may repeal a quarantine when its purposes have been accomplished, or if the progress of events has clearly proved that the desired end is not possible to attain by the restrictions adopted. The quarantine shall be promptly reconsidered, either with a […]
Section 22-2015 – LISTING OF REGULATED NONQUARANTINE PESTS AND RESTRICTIONS BY RULES.
22-2015. LISTING OF REGULATED NONQUARANTINE PESTS AND RESTRICTIONS BY RULES. The director may promulgate rules listing regulated nonquarantine pests and specify restrictions for specific plant pests with a specified economically unacceptable impact to Idaho agriculture. History: [22-2015, added 2002, ch. 89, sec. 2, p. 221.]
Section 22-2016 – PROHIBITED ACTIVITY — PERMITS — EXPORT CERTIFICATION AND COMPLIANCE AGREEMENTS — NONINDIGENOUS PLANT PEST SPECIES.
22-2016. PROHIBITED ACTIVITY — PERMITS — EXPORT CERTIFICATION AND COMPLIANCE AGREEMENTS — NONINDIGENOUS PLANT PEST SPECIES. (1) The shipment, introduction into or release within this state of any plant pest, biocontrol agent, or genetically engineered plant or plant pest, or any other organism which may directly or indirectly affect the plant life of this state […]
Section 22-2017 – CROP MANAGEMENT AREAS.
22-2017. CROP MANAGEMENT AREAS. The legislature recognizes the fact that in order to produce crops that are free from plant pests, and to control such plant pests, it is frequently necessary to apply certain crop management practices over an area which may include several farms, orchards, nurseries or other crop producing entities. Such practices may […]
Section 22-2018 – RESEARCH AND INVESTIGATION OF PLANT PEST PROBLEMS AND CONTROL.
22-2018. RESEARCH AND INVESTIGATION OF PLANT PEST PROBLEMS AND CONTROL. As deemed necessary, the director may fund research to prevent the introduction or spread of plant pests causing or having the potential to cause significant damage or harm in the state, and to investigate the feasibility of their control. History: [22-2018, added 2002, ch. 89, […]
Section 22-2019 – INFESTATIONS — CONTROL AND ERADICATION COSTS — DEFICIENCY WARRANTS — COOPERATION WITH OTHER ENTITIES AND CITIZENS.
22-2019. INFESTATIONS — CONTROL AND ERADICATION COSTS — DEFICIENCY WARRANTS — COOPERATION WITH OTHER ENTITIES AND CITIZENS. Whenever the director determines that there exists the threat of an infestation of grasshoppers, crickets or exotic plant pests on state-owned land, private, range or agricultural land, and that the infestation is of such a character as to […]
Section 22-2020 – PENALTIES FOR VIOLATIONS.
22-2020. PENALTIES FOR VIOLATIONS. (1) Any person who violates any provision of this chapter, or of the rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the department, its agents or employees, in the execution, or on […]
Section 22-2021 – COOPERATION WITH OTHER JURISDICTIONS.
22-2021. COOPERATION WITH OTHER JURISDICTIONS. (1) The department may enter into cooperative agreements with organizations including, but not limited to: persons, civic groups, or governmental agencies, to adopt and execute plans to detect and control areas infested or infected with plant pests. Such cooperative agreements may include provisions of joint funding of any control treatment. […]