The State Department of Agriculture may adopt rules requiring the use of measures to control the spread of a specific plant pest that is not the subject of a quarantine if:
(1) Failure to control the plant pest will have an identifiable effect on plants, with a resulting unacceptable level of economic impact in the state; and
(2) The measures required by the department are of a type proven effective to achieve the control levels determined by the department for the plant pest. [2009 c.98 §5]