T22CH20
Title 22 > T22CH20
Sections (22)
22-2001
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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.]
22-2002
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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.]
22-2003
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 plant material and products may legally enter the state. This chapter also establishes provisions for the establishment of interstate and intrastate quarantines to restrict the movement of nursery stock, plant pests and plant products. History: [22-2003, added 2002, ch. 89, sec. 2, p. 211.]
22-2004
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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, ch. 89, sec. 2, p. 211.]
22-2005
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 accept for continued trade when confirmed by phytosanitary certification of specified host commodities. (2) Agent means any person who on behalf of any other person receives on consignment, contracts for, or solicits for sale on commission, any plant product from a producer of such product, or who negotiates the consignment or purchase of any plant product on behalf of any other person. (3) Agricultural commodities means plant products including any horticultural product. (4) Agriculture means the production of plants. (5) Appliance means any box, tray, container, ladder, tent vehicle, implement or other article which is, or may be, used in connection with the growing, harvesting, handling or transportation of any agricultural commodity. (6) Area means any political division or subdivision or any officially defined area including adjacent parts of contiguous political divisions or subdivisions. Political divisions include nations and states or provinces within nations and states. Political subdivisions include counties, parishes and cities or municipalities. Officially defined areas also may include any other clearly defined and identifiable area including a specific property or facility. (7) Certificate means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares or verifies that an article, nursery stock, plant product, shipment or any other officially regulated article meets phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or certification, or other set of legal requirements. Such documents are known by their purpose of issuance: phytosanitary certificate, for the purpose of verifying compliance with phytosanitary or quarantine requirements; nursery stock certificate, for the purpose of verifying compliance with nursery inspection and pest freedom standards; registration or certification tags and seals, for the purpose of verifying compliance with registration or certification requirements. (8) Certification means the official act of affirming, declaring or verifying compliance with phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or any other set of legal requirements. (9) Compliance agreement means any written agreement between a person and a duly authorized regulatory agency to achieve compliance with any set of requirements being enforced by the agency. (10) Control means abatement, suppression, containment or eradication of a pest population. (11) Control order means a written directive from the director requirin
22-2006
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 verification procedures, recordkeeping procedures, and setting of a schedule of fees for services performed by the department in the administration of this chapter. (b) To implement and carry out the purposes of this chapter to control and prevent the spread of plant pests within the state and from within the state to points outside the state. (c) To regulate nonquarantine species, exempt species and federally quarantined species. (2) All revenues from fees and penalties collected as authorized under this chapter shall be deposited to the agricultural department inspection fund created pursuant to section 22-105 , Idaho Code. History: [22-2006, added 2002, ch. 89, sec. 2, p. 216.]
22-2007
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 enter upon and inspect any public premises, lands, or means of conveyance for the purpose of inspecting, surveying, treating, controlling, or destroying any plant or plant pest. The director may enter and inspect, with the permission of the landowner or agent, or with probable cause, or with a warrant, any private premises, lands, or means of conveyance, or article of any person within this state, for the purpose of inspecting, surveying, treating, controlling, or destroying any plant or plant pest. History: [22-2007, added 2002, ch. 89, sec. 2, p. 217; am. 2024, ch. 28, sec. 1, p. 221.]
22-2008
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 known or suspected to be infected or infested with the pest. The department shall notify the person, owner or the tenant in possession of the premises or area in question of the existence of the pest and of the prescribed control measures. The aforementioned person shall, within the prescribed time limit, implement the conditions of the department’s hold order or stop sale or be subject to civil penalties. (2) The state plant regulatory official shall immediately report the detection of new plant pests within the state to the director and to the U.S. department of agriculture. Other state plant regulatory officials shall be notified as deemed necessary. History: [22-2008, added 2002, ch. 89, sec. 2, p. 217.]
22-2009
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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.]
22-2010
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 places, fields, plants or other articles. The director shall issue a control order requiring such owner or person to control said injurious pests or to take such steps as may be necessary to remove the imminent potential threat of pests within a reasonable time to be specified. The control order shall be served in person or in writing, or it may be served in the same manner as a summons in a civil action, on the owner or person owning or in charge or in possession of such infested places, rights-of-way, fields or plants. (2) If the owner or person in charge of any property on which there are plants or other articles infested with any pest thereof, or any article known to be a host of a pest, after having been issued a control order to control such pests or articles, shall fail, neglect or refuse to do so, then all such property, plants and articles are declared to be a public nuisance and shall be proceeded against as such. When such nuisance shall exist on any property within the state, the department shall cause such nuisance to be controlled at once by disinfecting or destroying the infested articles or host material. The expense of such proceedings shall be paid for by the state pursuant to section 22-2019 , Idaho Code, subject to the provisions of subsection (3) of this section. (3) All sums so paid for carrying out the provisions of this section shall be a legal charge against such property and if not paid within thirty (30) days from the time when demand therefor is first made upon the owner of such property by the department controlling such nuisance, shall be certified by the said department to the tax collector of the county wherein the property is situated and thereafter shall constitute a lien upon such property and such sum shall be added by said tax collector to the general taxes assessed against said property which becomes due the next year thereafter and shall be collected by him in the same manner and with the same penalties as such other taxes. Nothing contained in this section shall be construed to require satisfaction of the obligation imposed hereby in whole or in part from the sale of property or to bar the application of any other or additional remedy otherwise available. Amounts collected under this subsection shall be paid into the state treasury and credited to the general fund. History: [22-2010, added 2002, ch. 89, sec. 2, p. 217.]
22-2012
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 of Idaho. Quarantine rules issued under this chapter shall be promulgated in accordance with chapter 52, title 67 , Idaho Code. History: [22-2012, added 2002, ch. 89, sec. 2, p. 218.]
22-2013
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 or limited, or in order that a plant pest already introduced may be officially controlled, thereby reducing or avoiding an economic impact that would otherwise occur through damage done by the pest or through continuing cost of control measures. (1) Federal quarantine. The department may enter into cooperative agreements with the U.S. department of agriculture, and other federal, state, city or county agencies to assist in the enforcement of federal quarantines. The department may establish a quarantine and promulgate a rule against a plant pest or an area not covered by a federal quarantine. The department may seize, destroy or require treatment of products moved from a federally regulated area if they were not moved in accordance with the federal quarantine rules or, if certified, they were found to be infested with the plant pest. (2) State plant quarantines: (a) State interior quarantine. The department may establish a quarantine against a plant pest that is not of quarantine significance to other states, to prevent the spread of the plant pest within its borders; or establish a quarantine against a plant pest of regional or national significance when no federal quarantine has been established. (b) Parallel state interior quarantine. The department may establish a parallel state interior quarantine against a plant pest which is of limited distribution in the state and is the subject of a federal quarantine. The quarantine regulates intrastate movement between quarantined and nonquarantined areas of the state. This quarantine action is required if the federal quarantine is to apply only to the infested portion of the state. (c) Uniform state quarantine. The department may establish a uniform state quarantine with other infested states which are parallel with respect to their basic quarantine requirements. The regulated area in the uniform state quarantine shall describe the area to be regulated. The quarantine shall include a reference to regulated areas of all the infested states under the uniform state quarantine. When a plant pest of regional or national significance occurs only in limited areas of the state and no federal quarantine is established, a state interior quarantine shall be established. (d) Standard state exterior quarantine. The department may establish a standard state exterior quarantine if the plant pest is not established in the state but is established in other states and no federal quarantine has been established. The department may require controls at origin or destination as are necessary to provide prot
22-2014
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 review or repeal or with intent of substituting other measures. Before any such repeal of a quarantine shall become effective, the same shall be approved by the governor and shall be signed in duplicate by him, and one (1) copy thereof shall be filed in the office of the secretary of state and the other in the office of the director. Quarantine rules issued under this chapter must be repealed in accordance with chapter 52, title 67 , Idaho Code. History: [22-2014, added 2002, ch. 89, sec. 2, p. 221.]
22-2015
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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.]
22-2016
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 as an injurious pest, parasite or predator of other organisms, or any arthropod, is prohibited, except under permit issued by the department, or as exempted by rule. (2) Permits: (a) Permits for shipment of plant pests. No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment, any plant pest or biological control agent, without an application and permit to move live plant pests and noxious weeds, PPQ Form 526, supplements thereto, published by the U.S. department of agriculture, animal and plant health inspection service, plant protection and quarantine, or any publication revising or superseding the aforementioned, or its state equivalent. Permits may be issued only after the director determines that the proposed shipment or use will not create a hazard to the agricultural, forest or horticultural interests of this state or to the state’s general environmental quality. The permit shall be affixed conspicuously and on the exterior of each shipping container, box, package, appliance, or accompany each shipping container, box, package or appliance, as the director requires. (b) Biotechnology permits. The director may enter into cooperative agreements with the U.S. department of agriculture to provide oversight and regulation of genetically engineered plants or any organism that may be a plant pest. This includes reviewing U.S. department of agriculture biotechnology notifications and permits, inspection of facilities conducting agricultural biotechnology and field release sites. (c) Interstate origin inspection and preclearance permits (compliance agreements). The director may issue permits for interstate origin and preclearance of quarantine articles based on pest risk mitigation tactics or strategies that can be enforced at the point of origin of the shipment. Interstate origin inspection programs can be developed to achieve compliance with quarantine restrictions, regulated nonquarantine pest restrictions and product quality standards. (3) Export certification and compliance agreements. The director has the authority to enter into compliance agreements for the purpose of certifying articles as pest free for export certification. (4) A nonindigenous plant pest species known or not known to occur in the state of Idaho may not be granted entry into the state unless issued a written permit by the director. Permits shall contain such conditions and measures as the director may see fit to prevent the species from becoming established or further established within the state. Hist
22-2017
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 include, but are not limited to, use of clean seed, destruction of infested or undesirable plants, use of chemicals and prohibiting introduction of host materials. The legislature further recognizes that it is in the public interest that the director be authorized to designate certain areas as crop management areas and to stipulate those practices which shall be followed in the management area insofar as they affect the particular crop. (1) The director may provide for establishment of a crop management area after presentation of a petition signed by not less than twenty-five (25) registered electors residing within the confines of the proposed crop management area. The petitioners shall give the petition to the county clerk of the county or counties who shall examine the signatures and certify the number of valid signatures of electors residing within the confines of the proposed crop management area and transmit the petition to the director. The director may establish a crop management area within the boundaries specified in the petition. (2) In instances where there are less than twenty-five (25) registered electors residing within the confines of the proposed crop management area, a majority of those registered electors must sign the petition in order for the petition to be considered by the director. The petitioner(s) of the proposed crop management area shall present the petition to the county clerk of the county of the proposed crop management area. The county clerk of the county shall examine the signatures presented by the petitioner(s) and shall certify that the number of valid signatures constitutes a majority of electors residing within the confines of the proposed crop management area. The county clerk of the county shall then transmit the petition to the director. The director may establish a crop management area within the boundaries specified in the petition. (3) In instances where there are no registered electors residing within the confines of the proposed crop management area, the petitioner(s) of the proposed crop management area shall present the petition to the county clerk of the county of the proposed crop management area. The county clerk of the county shall notify the director in writing certifying that there are no registered electors residing in the proposed crop management area. The county clerk of the county shall then transmit the petition to the director. The director may establish a crop management area within the boundaries specified in the petition. (4) The director may make and enforce ru
22-2018
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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, sec. 2, p. 223.]
22-2019
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 be a menace to state, private, range or agricultural land, the director shall cause the infestation to be controlled and eradicated, using such funds as have been appropriated or may hereafter be made available for such purposes. Provided however, that whenever the cost of control and eradication exceeds the funds appropriated or otherwise available for that purpose, the state board of examiners may authorize the issuance of deficiency warrants against the general fund for up to five million dollars ($5,000,000) in any one (1) year for such control and eradication. Control and eradication costs may include, but are not limited to, costs for survey, detection, inspection, diagnosis, treatment, and disposal of infected or infested plants and plant materials, cleaning and disinfecting of infected premises and indemnity paid to owners for infected or infested plants and plant materials destroyed by order of the director. The director, in executing the provisions of this chapter insofar as it relates to control and eradication, shall have the authority to cooperate with federal, state, county and municipal agencies and private citizens in control and eradication efforts; provided, that in the case of joint federal/state programs the state funds shall only be used to pay the state’s share of the cost of the control and eradication efforts. Such moneys as the state shall thus become liable for shall be paid as a part of the expenses of the department of agriculture out of appropriations which shall be made by the legislature for that purpose from the general fund of the state. In all appropriations hereafter made for expenses of the department of agriculture, account shall be taken of and provision made for this item of expense. History: [22-2019, added 2006, ch. 197, sec. 3, p. 612.]
22-2020
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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 account of the execution of its or their duties under this chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than three thousand dollars (10,000) for each offense and shall be liable for reasonable attorney’s fees. (a) Assessment of a civil penalty may be made in conjunction with any other department administrative action. (b) No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. (c) If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. (d) Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. (e) All civil penalties collected pursuant to this section shall be remitted to the agricultural department inspection fund. (3) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action. History: [22-2020, added 2002, ch. 89, sec. 2, p. 223.]
22-2021
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 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. (2) If a plant pest occurs and cannot be adequately controlled by individual person(s), owner(s), tenant(s) or local units of government, the department may conduct the necessary control measures independently or on a cooperative basis with federal or other units of government. History: [22-2021, added 2002, ch. 89, sec. 2, p. 224.]
22-2022
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 22-2022. Severability. If any section, sentence, clause, phrase, or other portion of this chapter is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions thereof. History: [22-2022, added 2002, ch. 89, sec. 2, p. 224.]
22-2023
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 20 IDAHO PLANT PEST ACT OF 2002 22-2023. No effect on existing liability. The enactment of this chapter does not terminate or modify any civil or criminal liability relating to plant pests which exists prior to the effective date of this chapter. History: [22-2023, added 2002, ch. 89, sec. 2, p. 224.]