Idaho Code
Chapter 20 - IDAHO PLANT PEST ACT OF 2002
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 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.

History:
[22-2016, added 2002, ch. 89, sec. 2, p. 221.]

Structure Idaho Code

Idaho Code

Title 22 - AGRICULTURE AND HORTICULTURE

Chapter 20 - IDAHO PLANT PEST ACT OF 2002

Section 22-2001 - TITLE.

Section 22-2002 - ADMINISTRATION.

Section 22-2003 - STATEMENT OF PURPOSE.

Section 22-2004 - DUTIES OF THE DEPARTMENT.

Section 22-2005 - DEFINITIONS.

Section 22-2006 - PROMULGATION OF RULES — COLLECTION AND DEPOSIT OF FEES AND PENALTIES.

Section 22-2007 - AUTHORITY TO CONDUCT INSPECTIONS — ENTRY ON LANDS.

Section 22-2008 - DISCOVERY OF PLANT PESTS — OFFICIAL MARKING OF INFESTED OR INFECTED ARTICLES — REPORTING THE DETECTION OF PLANT PESTS.

Section 22-2009 - HOLD ORDER OR STOP SALE.

Section 22-2010 - CONTROL ORDERS — CONTROL OF NUISANCES — LIENS AND COST RECOVERY.

Section 22-2012 - QUARANTINES.

Section 22-2013 - QUARANTINE RULES — REGULATED AREAS AND ARTICLES — TEMPORARY RULES.

Section 22-2014 - REPEAL OF QUARANTINES.

Section 22-2015 - LISTING OF REGULATED NONQUARANTINE PESTS AND RESTRICTIONS BY RULES.

Section 22-2016 - PROHIBITED ACTIVITY — PERMITS — EXPORT CERTIFICATION AND COMPLIANCE AGREEMENTS — NONINDIGENOUS PLANT PEST SPECIES.

Section 22-2017 - CROP MANAGEMENT AREAS.

Section 22-2018 - RESEARCH AND INVESTIGATION OF PLANT PEST PROBLEMS AND CONTROL.

Section 22-2019 - INFESTATIONS — CONTROL AND ERADICATION COSTS — DEFICIENCY WARRANTS — COOPERATION WITH OTHER ENTITIES AND CITIZENS.

Section 22-2020 - PENALTIES FOR VIOLATIONS.

Section 22-2021 - COOPERATION WITH OTHER JURISDICTIONS.

Section 22-2022 - SEVERABILITY.

Section 22-2023 - NO EFFECT ON EXISTING LIABILITY.