Idaho State Statutes - Idaho Attorney Directory

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.

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