Idaho State Statutes - Idaho Attorney Directory

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 protection for Idaho industries,
the public and the environment.
(3) Regulated areas. The regulated area to be described in quarantine
rules may involve the entire state, portion of the state (areas) or a list of
locations of infested properties:
(a) Regulated areas may be subdivided into suppressive and generally
infested areas where it is desirable to augment control measures being
applied in certain areas, and it is believed necessary to control movement
into such areas from generally infested areas.
(b) Provisions in the quarantine rules may be made for adding to the
regulated area any other area known to be infested, or which is found to
be infested after establishment of the quarantine, when so declared by the
director.
(c) When an infestation in a certain regulated area has been eliminated
through the application of treatments, to the extent that movements of the
regulated articles therefrom would no longer present a pest risk, the
quarantine may be lifted. Provided, a hold order shall be issued to each
owner of any remaining infested property in the aforementioned regulated
area.
(4) Movement of regulated articles:
(a) Interstate shipments:
(i) Any regulated article that is prohibited interstate movement or
is required to be certified, if moved interstate from an area
regulated by a state or federal quarantine, shall be refused entry
into the state.
(ii) The owner or carrier of regulated articles that are reportedly
originating in nonregulated areas of a quarantined state must provide
proof of origin of the regulated articles through an invoice, waybill
or other shipping document.
(iii) If only a portion of a state is under a state or federal
quarantine, the shipment will not be refused nor a certificate
required if the article originates from a nonregulated area of the
shipping state, unless the article is found to be infested or
prohibited.
(b) Intrastate shipments:
(i) Certificates or permits are required for the movement of
nonexempted regulated articles when:
1. Moving from a regulated area to any point outside thereof.
2. Moving from a generally infested area into a suppressive
area.
3. Moving within a suppressive area where such control over
this movement is desirable.
(ii) Certificates or permits should not be required for any
regulated article originating outside of a regulated area moving to
another nonregulated area, or moving through or reshipped from a
regulated area when the point of origin of the article is clearly
indicated on a waybill, bill of lading, shipper's invoice or other
similar document accompanying the shipment, provided that shipments
moving through or being reshipped from a regulated area must be
safeguarded against infestation while within the regulated area in a
manner satisfactory to an investigator.
(iii) Certificates should not be issued unless provisions of other
applicable quarantines have been met and the regulated articles:
1. Originate in a noninfested portion of the regulated area and
have not been exposed to infestation while within the regulated
area; or
2. Have been examined and found to be free of infestation; or
3. Have been treated in accordance with procedures approved by
the director; or
4. Have been grown, produced, manufactured, stored or handled
in such a manner that, in the judgment of the investigator, no
infestation would be transmitted thereby.
(iv) Limited permits may be issued to allow the movement of
regulated articles to a specified destination for limited handling,
utilization, or processing, provided the investigator has determined
that such movement will not result in the spread of the pest and
requirements of other quarantines have been met.
(v) Control over the movement of regulated articles from infested
areas to noninfested areas within a regulated area may be provided
for when such control over movement within a regulated area is
desired to prevent the spread of plant pests. This provision usually
will be applicable only when officially controlled treatments are
being applied and would be handled through a direct written notice to
the property owner concerned.
(vi) Compliance agreements should be required as a basis for the
issuance of certificates or permits in bulk to industry for their
issuance, and they are desirable to explain the main provisions of
the quarantine for that particular concern.
(5) Temporary rules. The department may promulgate temporary rules
pursuant to chapter 52, title 67, Idaho Code, in order to take immediate
regulatory action to prevent the introduction or establishment of a plant
pest.

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