Title 22 — AGRICULTURE AND HORTICULTURE

22-2001. Title. This chapter shall be known as the "Idaho Plant Pest Act of 2002."

22-2002. Administration. This chapter shall be administered by the Idaho state department of agriculture.

22-2003. Statement of purpose. The purpose of this chapter is to prevent the introduction and subsequent dissemination of plant pests into Idaho through the movement of nursery stock and other plants and plant products. This chapter provides for the regulation of plant material a…

22-2004. Duties of the department. The department may control and prevent, by such means as shall be prescribed and provided by law, rule, or by order of the department, all contagious, infectious and plant pests destructive to the state’s agricultural, forestry or horticultural …

22-2005. Definitions. When used in this chapter: (1) "Acceptable level" means the probable level of harm that is so low that the imposition of phytosanitary requirements is not required; or the probable level of harm that the trade partners agree to achieve through or by the impo…

22-2006. Promulgation of rules — Collection and deposit of fees and penalties. (1) The director is hereby authorized to promulgate rules: (a) Necessary for the efficient enforcement of the provisions of this chapter including, but not limited to: setting of quarantine boundaries,…

22-2007. Authority to conduct inspections — Entry on lands. (1) The director may enter into each county of the state for the purpose of inspecting, examining and determining thereby the healthfulness and general condition of the environmental, horticultural, forestry and agricult…

22-2008. Discovery of plant pests — Official marking of infested or infected articles — Reporting the detection of plant pests. (1) Upon knowledge of the existence of a regulated pest or a pest that may cause significant damage or harm within the state, the department is authoriz…

22-2009. Hold order or stop sale. The director may issue hold orders or stop sales to take prompt regulatory action in plant pest emergencies on any plant, article, or commodity entering this state in violation of this chapter or rules promulgated hereunder.

22-2010. Control orders — Control of nuisances — Liens and cost recovery. (1) If upon any complaint or inspection, there is found any pest injurious to plants, or an imminent potential threat of any pests injurious to any plants, the director shall notify the owner or the person …

22-2012. Quarantines. The director, by and with the approval of the governor, may, after investigations or hearings, establish, maintain and enforce quarantines as the director deems necessary to protect any and all plants against infestation or infection by any plant pest, new t…

22-2013. 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…

22-2014. Repeal of quarantines. The director, by and with the approval of the governor, may repeal a quarantine when its purposes have been accomplished, or if the progress of events has clearly proved that the desired end is not possible to attain by the restrictions adopted. Th…

22-2015. Listing of regulated nonquarantine pests and restrictions by rules. The director may promulgate rules listing regulated nonquarantine pests and specify restrictions for specific plant pests with a specified economically unacceptable impact to Idaho agriculture.

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 …

22-2017. Crop management areas. The legislature recognizes the fact that in order to produce crops that are free from plant pests, and to control such plant pests, it is frequently necessary to apply certain crop management practices over an area which may include several farms, …

22-2018. Research and investigation of plant pest problems and control. As deemed necessary, the director may fund research to prevent the introduction or spread of plant pests causing or having the potential to cause significant damage or harm in the state, and to investigate th…

22-2019. Infestations — Control and eradication costs — Deficiency warrants — Cooperation with other entities and citizens. Whenever the director determines that there exists the threat of an infestation of grasshoppers, crickets or exotic plant pests on state-owned land, private…

22-2020. Penalties for violations. (1) Any person who violates any provision of this chapter, or of the rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with th…

22-2021. Cooperation with other jurisdictions. (1) The department may enter into cooperative agreements with organizations including, but not limited to: persons, civic groups, or governmental agencies, to adopt and execute plans to detect and control areas infested or infected w…

22-2022. Severability. If any section, sentence, clause, phrase, or other portion of this chapter is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions thereof.

22-2023. No effect on existing liability. The enactment of this chapter does not terminate or modify any civil or criminal liability relating to plant pests which exists prior to the effective date of this chapter.