DAR File No. 40365

Agriculture and Food, Plant Industry

Rule R68-12

Quarantine Pertaining to Mint Wilt

Notice of Proposed Rule

(Repeal)

DAR File No.: 40365
Filed: 04/29/2016 09:14:16 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule establishes quarantine for mint wilt. The rule requires inspection to be done in order to protect the mint growers in the state from disease. However, the industry no longer feels it is necessary to continue with the quarantine and proposes a revocation of the rule.

Summary of the rule or change:

The proposed change is a complete repeal of the rule. There will no longer be a quarantine for mint coming or leaving the state.

State statutory or constitutional authorization for this rule:

• Section 4-2-2

Anticipated cost or savings to:

the state budget:

There will not be a cost or savings to the state. The state only has three mint growers, and the Department appoints the field supervisors who conduct the inspection. The producer pays for the inspection, so the state doesn't allocate money to subsidize the program.

local governments:

There is no affect on local government because local governments have no role in the enforcement of this rule.

small businesses:

The three mint growers in the state will receive a savings due to the revocation of the rule. The businesses will no longer have to expend the $2 per acre plus $10 application fee for root stock inspections. Further, due to the repeal of the rule, the businesses will no longer have to quarantine an entire field of crops, thus suffering tremendous financial losses, depending on the size of the field. Instead, the businesses will only have to remove the affected portions.

persons other than small businesses, businesses, or local governmental entities:

As was stated previously, there will be a cost savings for the individuals involved in the growing of mint in the state due to the decrease in inspections costs and the savings due to not having to quarantine the whole crop but rather portions of the crop.

Compliance costs for affected persons:

There will be no additional cost to affected persons. This is a repeal of the quarantine. As a result, there will be fewer restrictions on the people affected. This will lead to a cost savings.

Comments by the department head on the fiscal impact the rule may have on businesses:

Inspections are not found to be effective. The cost of inspections does not bring in additional revenue with only three mint growers in the state. The removal of this rule eliminates the potential for catastrophic financial loss to industry that may result from non-aggressive strains of Verticillium Dahlia. Removal of the mint wilt quarantine will no longer require entire field crop loss that has no recoupment of financial loss when minimal damage occurs. This will allow industry to remove only what is affected by disease rather than the entire crop.

LuAnn Adams, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Clark Burgess at the above address, by phone at 801-538-7188, by FAX at 801-538-7189, or by Internet E-mail at cburgess@utah.gov
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov
• Robert Hougaard at the above address, by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov
• Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2016

This rule may become effective on:

06/21/2016

Authorized by:

LuAnn Adams, Commissioner

R68. Agriculture and Food, Plant Industry.

[R68-12. Quarantine Pertaining to Mint Wilt.

R68-12-1. Authority.

A. Promulgated under authority of 4-2-2.

B. It has been determined that the disease known as Mint Wilt caused by the organism Verticillium Albo-atrum R and B or Verticillium dahliae is injurious to peppermint and spearmint, resulting in drastically lowered oil production in areas of severe infection; and

C. restricting the movement of rootstocks in other states has been effective in retarding the spread of the disease to new areas of production, and in making growers aware of the necessity of better sanitary and cultural practices; and

D. the strain of Verticillium wilt known to infect mint is not known to be present in the State of Utah:

E. The Commissioner of Agriculture and Food of the State of Utah, by virtue of the authority vested in him by the provisions of 4-2-2 establishes a quarantine in order to prevent the introduction and subsequent spread of the Verticillium wilt disease of mint into and within the State of Utah, setting forth:

1. quarantined areas;

2. restricted areas;

3. regulated articles;

4. conditions governing movement, and

5. required in-state certification of mint.

 

R68-12-2. Definitions.

For the purpose of this quarantine, the following terms are defined:

A. "Department" means the Utah Department of Agriculture and Food.

B. "Disease organism" means Verticillium Albo-atrum R and B or Verticillium dahliae varieties capable of causing wilt of mint.

C. "Mint" means any plant or part thereof of the genus Mentha.

D. "Mint planting stock" includes any portion of the mint used for reproduction and/or propagation.

E. "Certified mint planting stock" means mint planting stock carrying a sealed certification tag or a certificate provided by the official certification agency of the state of origin.

 

R68-12-3. Quarantined Areas.

All areas outside the State of Utah.

 

R68-12-4. Restricted Areas.

All areas within the State of Utah.

 

R68-12-5. Regulated Articles.

All mint planting stock.

 

R68-12-6. Prohibited Articles.

All mint planting stocks which are not certified by the official certification agency of the state of origin.

 

R68-12-7. Conditions Governing Movement.

A. Entry into State. No person shall import or move in any manner into the State of Utah any mint unless it carries a sealed certification tag or a certificate issued by the official agency of the state of origin. Any imported mint not meeting this requirement shall be returned to the point of origin or destroyed at the option and expense of the importer.

B. Movement within State. No mint planting stock shall be moved within the State of Utah unless it carries a sealed certification tag or a certificate issued by the official certification agency of the state of Utah.

 

R68-12-8. Certification Required Within State.

All mint planting stock imported into the State of Utah shall be placed under the certification program of the Utah Crop Improvement Association and shall comply with the certification requirements and standards as established by that agency. All mint plantings in Utah must be maintained under certification or destroyed. If the Department finds any mint within the State of Utah infested with the wilt disease organism, it shall require the destruction of the same.

 

R68-12-9. Waiver of Liability.

Any shipment of mint planting stock found within the State of Utah in violation of this quarantine must, under the immediate supervision of the State Department of Agriculture and Food, be destroyed or returned to the shipper at once. In either case, the shipper shall stand the expense of disposition of such shipment and the State of Utah assumes no liability for costs associated therewith. Any violation of these orders will be dealt with according to law.

 

KEY: plant diseases

Date of Enactment or Last Substantive Amendment: 1987

Notice of Continuation: May 21, 2015

Authorizing, and Implemented or Interpreted Law: 4-2-2]