(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 other organism which may directly or indirectly affect the plant life of this state as an injurious pest, parasite or predator of other organisms, or any arthropod, is prohibited, except under permit issued by the department, or as exempted by rule.
(2)  Permits:
(a)  Permits for shipment of plant pests. No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment, any plant pest or biological control agent, without an application and permit to move live plant pests and noxious weeds, PPQ Form 526, supplements thereto, published by the U.S. department of agriculture, animal and plant health inspection service, plant protection and quarantine, or any publication revising or superseding the aforementioned, or its state equivalent. Permits may be issued only after the director determines that the proposed shipment or use will not create a hazard to the agricultural, forest or horticultural interests of this state or to the state’s general environmental quality. The permit shall be affixed conspicuously and on the exterior of each shipping container, box, package, appliance, or accompany each shipping container, box, package or appliance, as the director requires.
(b)  Biotechnology permits. The director may enter into cooperative agreements with the U.S. department of agriculture to provide oversight and regulation of genetically engineered plants or any organism that may be a plant pest. This includes reviewing U.S. department of agriculture biotechnology notifications and permits, inspection of facilities conducting agricultural biotechnology and field release sites.
(c)  Interstate origin inspection and preclearance permits (compliance agreements). The director may issue permits for interstate origin and preclearance of quarantine articles based on pest risk mitigation tactics or strategies that can be enforced at the point of origin of the shipment. Interstate origin inspection programs can be developed to achieve compliance with quarantine restrictions, regulated nonquarantine pest restrictions and product quality standards.

Terms Used In Idaho Code 22-2016

  • Agent: means any person who on behalf of any other person receives on consignment, contracts for, or solicits for sale on commission, any plant product from a producer of such product, or who negotiates the consignment or purchase of any plant product on behalf of any other person. See Idaho Code 22-2005
  • Agriculture: means the production of plants. See Idaho Code 22-2005
  • Appliance: means any box, tray, container, ladder, tent vehicle, implement or other article which is, or may be, used in connection with the growing, harvesting, handling or transportation of any agricultural commodity. See Idaho Code 22-2005
  • Certification: means the official act of affirming, declaring or verifying compliance with phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or any other set of legal requirements. 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
  • Move: means to ship, offer for shipment, receive for transport, carry or, in any manner whatsoever, relocate a regulated article from one place to another. See Idaho Code 22-2005
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Permit: means any official document that allows the movement of any regulated article from one location to another in accordance with specified conditions or requirements and for a specified purpose. 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 22-2005
  • Plant: 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 22-2005
  • Preclearance: means an agreement between quarantine officials of exporting and importing states or countries to pass plants through quarantine by allowing the exporting state or country to inspect the plants preshipment, rather than the importing state or country inspecting the shipment upon arrival. See Idaho Code 22-2005
  • Quarantine: means a restriction imposed by a duly authorized plant regulatory agency whereby the production, movement or existence of plants, or any other article or material, or the normal activity of persons, is brought under regulation, in order that the introduction or spread of a pest may be prevented or limited, or in order that a pest already introduced may be controlled or eradicated, thereby reducing or avoiding losses that would otherwise occur through damage done by the pest or through continuing cost of control measures. See Idaho Code 22-2005
  • Regulated nonquarantine pest: means a nonquarantine pest whose presence affects the intended use of plants with an economically unacceptable impact. See Idaho Code 22-2005
  • Shipment: means anything which is, may be, or has been transported from one place to another. 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
    • (3)  Export certification and compliance agreements. The director has the authority to enter into compliance agreements for the purpose of certifying articles as pest free for export certification.
    (4)  A nonindigenous plant pest species known or not known to occur in the state of Idaho may not be granted entry into the state unless issued a written permit by the director. Permits shall contain such conditions and measures as the director may see fit to prevent the species from becoming established or further established within the state.