Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since Septemberr 1, 2018, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R68. Agriculture and Food, Plant Industry.

Rule R68-16. Quarantine Pertaining to Pine Shoot Beetle, Tomicus piniperda.

As in effect on Septemberr 1, 2018

Table of Contents

R68-16-1. Authority.

A. Promulgated under authority of Subsection 4-2-2(1)(k), and Section 4-35-9.

B. Refer to the Notice of Quarantine, Pine Shoot Beetle, Tomicus piniperda (Linnaeus), Effective December 28, 1992, issued by Utah Department of Agriculture and Food.

R68-16-2. Pest.

Pine Shoot Beetle, Tomicus Piniperda (Linnaeus), a beetle, family Scolytidae, is a serious pest of pine trees, and also known to damage fir, larch, and spruce trees by attacking the trunks and stems.

R68-16-3. Areas Under Quarantine.

All areas of the United States and Canada that are declared high risk by the United States Department of Agriculture, Animal and Plant Health Inspection Service, plant protection and quarantine or Utah Commissioner of Agriculture and Food.

R68-16-4. Articles and Commodities Under Quarantine.

The following are hereby declared to be regulated articles, hosts, and possible carriers of the Pine Shoot Beetle:

A. The Pine Shoot Beetle, Tomicus piniperda (Linnaeus), in any living stage of development.

B. Plants of the genus Pinus spp. whether balled and burlapped or cut live for use as Christmas trees.

C. Timber pine bark products or whole log forms of the genus Pinus spp., Abies spp., Larix spp., and Picea spp. with any bark intact.

D. Ornamental foliage from the genus Pinus spp. including pine wreaths and garlands, raw materials for wreaths and garlands, bark nuggets and bark chips.

E. Any other plant, plant part, article, or means of conveyance when it is determined by the Commissioner of the Department of Agriculture and Food or the Commissioner's duly authorized agent to present a hazard of spreading live Pine Shoot Beetle due to infestation or exposure to infestation by Pine Shoot Beetle.

R68-16-5. Restrictions.

A. All articles and commodities under quarantine are prohibited entry into Utah from an area under quarantine with the following exceptions:

1. From uninfested areas of the states listed in R68-16-3 when accompanied by a certificate of origin stating the origin of the material and that the plant material originated from an area not known to be infested with the Pine Shoot Beetle.

2. Regulated articles as listed in 7 CFR Chapter III 301.51-2.

R68-16-6. Treatment and Management Methods.

All treatment shall follow procedures as described in 7 CFR Chapter III 301.50-10.

R68-16-7. Disposition of Violations.

Any or all shipments or lots of quarantined articles or commodities listed in R68-16-4, arriving in Utah in violation of this quarantine shall immediately be sent out of the state, destroyed, or treated by a method and in a manner as directed by the Commissioner of the Utah Department of Agriculture and Food or his agent. Treatment shall be performed at the expense of the owner, or owners, or their duly authorized agent.

KEY

quarantine

Date of Enactment or Last Substantive Amendment

July 2, 2008

Notice of Continuation

May 23, 2018

Authorizing, Implemented, or Interpreted Law

4-2-2(1)(k); 4-35-9


Additional Information

Contact

For questions regarding the content or application of rules under Title R68, please contact the promulgating agency (Agriculture and Food, Plant Industry). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.