Idaho Code 22-2008 – Discovery of Plant Pests — Official Marking of Infested or Infected Articles — Reporting the Detection of Plant Pests
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(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 authorized to conspicuously mark all plants, materials and articles known or suspected to be infected or infested with the pest. The department shall notify the person, owner or the tenant in possession of the premises or area in question of the existence of the pest and of the prescribed control measures. The aforementioned person shall, within the prescribed time limit, implement the conditions of the department’s hold order or stop sale or be subject to civil penalties.
(2) The state plant regulatory official shall immediately report the detection of new plant pests within the state to the director and to the U.S. department of agriculture. Other state plant regulatory officials shall be notified as deemed necessary.
Terms Used In Idaho Code 22-2008
- Agriculture: means the production of plants. See Idaho Code 22-2005
- Area: means any political division or subdivision or any officially defined area including adjacent parts of contiguous political divisions or subdivisions. See Idaho Code 22-2005
- Control: means abatement, suppression, containment or eradication of a pest population. See Idaho Code 22-2005
- Department: means the Idaho state department of agriculture. See Idaho Code 22-2005
- Director: means the director of the Idaho state department of agriculture or his duly authorized representative. See Idaho Code 22-2005
- Hold order or stop sale: means any written directive issued by the director to a person who owns or controls any appliance, article, nursery stock, plant, plant product or any other article that has been determined to be, or likely to be, infested with regulated pest(s) or otherwise not in compliance with this chapter or rules promulgated hereunder, prohibiting movement from one location to another, except as otherwise prescribed in the directive. See Idaho Code 22-2005
- Infected: means a plant that has been determined by the department to be contaminated with an infectious, transmissible, or contagious plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. See Idaho Code 22-2005
- Infested: means a plant that has been determined by the department to be contaminated by a plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. See Idaho Code 22-2005
- Mark: means , for purposes of identification or separation, the department may affix a conspicuous official indicator to, on, around or near, plants or plant material known, or suspected to be, infected or infested with a plant pest. See Idaho Code 22-2005
- Official: means authorized, implemented and directed, or performed by a government plant protection organization. See Idaho Code 22-2005
- Owner: means the person, with the legal right of possession, proprietorship of, or responsibility for the property or place where any of the regulated articles as defined in this chapter are to be found, or the person who is in possession of, in proprietorship of, or has responsibility for the regulated articles. See Idaho Code 22-2005
- Person: means , but is not limited to, any individual, partnership, corporation, company, firm, society, association, organization, government agency or any other entity. See Idaho Code 22-2005
- Pest: means any insect, snail, rodent, nematode, fungus, virus, bacterium, microorganism, mycoplasma-like organism, weed, plant, or parasitic higher plant and any other pest as defined by rule or any of the following that is known to cause damage or harm to agriculture or the environment:
Idaho Code 22-2005Plant: means any part of a plant, tree, aquatic plant, plant product, plant material, shrub, vine, fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit pit, also including:
Idaho Code 22-2005Significant damage or harm: means that level of economic impact that results in damage, injury or loss that exceeds the cost of control for a particular crop. See Idaho Code 22-2005 State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114