DAR File No.: 31128
Filed: 04/07/2008, 11:16
Received by: NLRULE ANALYSIS
Purpose of the rule or reason for the change:
The State Weed Board proposes to create three noxious weed categories. The division is adding nine new weeds to the current noxious weed list. These additions and changes affect Rule R68-8, Utah Seed Law. (DAR NOTE: the proposed amendment to Section R68-8-2 is under DAR No. 31127 in this issue, May 1, 2008, of the Bulletin.)
Summary of the rule or change:
The State Weed board proposes to create three noxious weed categories. These classes are: Class A: Early Detection Rapid Response (EDRR); Class B: (Control); and Class C: (Containment). The new noxious weeds are: 1) Blackhenbane, 2) Dalmation toadflax, 3) Houndstongue, 4) Oxeye daisy, 5) Poison hemlock, 6) Salt Cedar, 7) St. Johnsworts, 8) Sulfur cinquefoil, and 9) Yellow toadflax. Additional changes are added to Subsection R68-9-4(6)(a) dealing with hay, straw, or other material of similar nature, and that any person cannot alter, change, or falsify in any way information contained on a phytosanitary certificate. Also, replaces Whitetop cress spp, with Hoary cress spp. which is the correct scientific name.
State statutory or constitutional authorization for this rule:
Anticipated cost or savings to:
the state budget:
There are no additional costs to the state associated with the proposed rule changes because this is just identifying noxious weeds, not control.
local governments:
There are no additional costs to local government associated with the proposed rule changes because this is just identifying noxious weeds, not control.
small businesses and persons other than businesses:
There are no additional costs to small businesses associated with the proposed rule changes because this is just identifying noxious weeds, not control.
Compliance costs for affected persons:
There are no additional costs to individuals associated with the proposed rule changes because this is just identifying noxious weeds, not control.
Comments by the department head on the fiscal impact the rule may have on businesses:
The department agrees with the recommendations of the State Weed Committee, Utah Weed Control Association, and the Utah Weed Supervisor's Association boards on making these changes in the noxious weed rule. These changes update and are more representative of the noxious weeds actually found in Utah. Establishing the class designations will make it easier to enforce violations. Implementation of these changes will have no additional fiscal impact on businesses. Leonard M. Blackham, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Agriculture and Food
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034Direct questions regarding this rule to:
Clair Allen or Kathleen Mathews at the above address, by phone at 801-538-7180 or 801-538-7103, by FAX at 801-538-7189 or 801-538-7126, or by Internet E-mail at ClairAllen@utah.gov or kmathews@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
06/02/2008
This rule may become effective on:
08/13/2008
Authorized by:
Leonard M. Blackham, Commissioner
RULE TEXT
R68. Agriculture and Food, Plant Industry.
R68-9. Utah Noxious Weed Act.
R68-9-2. Designation and Publication of State Noxious Weeds.
A. The following weeds are hereby officially designated and published as noxious for the State of Utah, as per the authority vested in the Commissioner of Agriculture and Food under Section 4-17-3:
[
TABLE
Bermudagrass* Cynodon dactylon (L.) Pers.
Bindweed (Wild Convolvulus spp.
Morning-glory)
Broad-leaved Peppergrass Lepidium latifolium L.
(Tall Whitetop)
Canada Thistle Cirsium arvense (L.) Scop.
Diffuse Knapweed Centaurea diffusa (Lam.)
Dyers Woad Isatis tinctoria L.
Perennial Sorghum spp. including but not limited
to Johnson Grass (Sorghum
halepense (L.) Pers.) and
Sorghum Almum (Sorghum
almum, Parodi).
Leafy Spurge Euphorbia esula L.
Medusahead Taeniatherum caput-medusae
(L.) Nevski
Musk Thistle Carduus nutans L.
Purple Loosestrife Lythrum salicaria L.
Quackgrass Agropyron repens (L.) Beauv.
Russian Knapweed Centaurea repens L.
Scotch Thistle Onopordium acanthium L.
(Cotton Thistle)
Spotted Knapweed Centaurea maculosa Lam.
Squarrose Knapweed Centaurea virgata Lam. ssp
squarrosa Gugle.
Whitetop Cardaria spp.
Yellow Starthistle Centaurea solstitialis L.
* Bermudagrass (Cynodon dactylon) shall not be a noxious
weed in Washington County and shall not be subject to
provisions of the Utah Noxious Weed Law within the boundaries
of that county. It shall be a noxious weed throughout all
other areas of the State of Utah and shall be subject to the
laws therein.] There are hereby designated three classes of noxious weeds in the state: Class A (EDRR) Class B (Control) and Class C (Containment).
TABLE
Class A: Early Detection Rapid Response (EDRR) Declared
noxious weeds not native to the sate of Utah that pose a
serious threat to the state and should be considered as a
very high priority.
Blackhenbane Hyoseyamus niger (L.)
Diffuse Knapweed Centaurea diffusa (Lam.)
Leafy Spurge Euphorbia esula L.
Medusahead Taeniatherum caput-medusae
Oxeye daisy Chrysanthemum leucanthemum L.
Perennial Sorghum spp. including but not limited
to Johnson Grass (Sorghum
halepense (L.) Pers.and
Sorghum Almum (Sorghum
Almum,Parodi).
Purple Loosestrife Lythrum salicaria L.
Spotted Knapweed Centaurea maculosa Lam.
Squarrose Knapweed Centaurea Squarrosa Gugle.
St. Johnsworts Hypericum perforatum L.
Sulfur cinquefoil Potentilla recta L.
Yellow Starthistle Centaurea solstitialis L.
Yellow Toadflax Linaria vulgaris Mill.
Class B: (Control) Declared noxious weeds not native to the
state of Utah, that pose a threat to the state and should be
considered a high priority for control.
Bermudagrass* Cynodon dactylon (L.) Pers.
Broad-leaved Peppergrass Lepidium latifolium L.
(Tall Whitetop)
Dalmation Toadflax Linaria dalmatica (L.) Mill
Dyers Woad Isatis tinctoria L.
Hoary cress Cardaria spp.
Musk Thistle Carduus nutans L.
Poison Hemlock Conium maculatum L.
Russian Knapweed Centaurea repens L.
Scotch Thistle Onopordium acanthium L.
(Cotton Thistle)
Squarrose Knapweed Centaurea virgata Lam. ssp
Class C: (Containment) Declared noxious weeds not native
to the sate of Utah that are widely spread but pose a threat
to the agricultural industry and agricultural products with a
focus on stopping expansion.
Field Bindweed Convolvulus spp.
(Wild Morning-glory)
Canada Thistle Cirsium arvense (L.) Scop.
Houndstounge Cynoglossum officianale L.
Saltcedar Tamarix ramosissima Ledeb.
Quackgrass Agropyron repens (L.)
Beauv.
* Bermudagrass (Cynodon dactylon) shall not be a noxious
weed in Washington County and shall not be subject to
provisions of the Utah Noxious Weed Law within the boundaries
of that county. It shall be a noxious weed throughout all
other areas of the State of Utah and shall be subject to the
laws therein.R68-9-4. Prescribed Treatment for Articles.
A. As provided in Section 4-17-3, the Commissioner has determined that the following treatments shall be considered minimum to prevent dissemination of noxious weed seeds or such parts of noxious weed plants that could cause new growth by contaminated articles:
1. Machinery and Equipment.
a. It shall be unlawful for any person, company or corporation to
(1) bring any harvesting or threshing machinery, portable feed grinders, portable seed cleaners or other farm vehicles or machinery into the state without first cleaning such equipment free from all noxious weed seed and plant parts; or
(2) move any harvesting or threshing machinery, portable feed grinders or portable seed cleaners from any farm infested with any noxious weed without first cleaning such equipment free from all noxious weed seed and plant parts.
(a) Immediately after completing the threshing of grain or seed which is contaminated with noxious weeds, such machine is to be cleaned by:
(1) removing all loose material from the top and side of the machine by sweeping with a blower
(2) opening the lower end of elevator, return and measuring device and removing infested material from shakers, sieves, and other places of lodgement;
(3) running the machine empty for not less than five minutes, alternately increasing and retarding the speed; and
(4) following the manufacturer's detailed suggestions for cleaning the machine.
2. Farm Trucks and Common Carriers.
It shall be unlawful for any person, company or corporation to transport seed, screenings or feed of any kind containing noxious weed seed over or along any highway in this State or on any railroad operating in this State unless the same is carried or transported in such vehicles or containers which will prevent the leaking or scattering thereof. All common carriers shall thoroughly clean and destroy any noxious weed seeds or plant parts in cars, trucks, vehicles or other receptacles used by them after each load shall have been delivered to consignee before again placing such car, truck, vehicle or receptacle into service.
3. Seed.
a. It shall be unlawful for any person, firm or corporation to sell, offer or expose for sale or distribute in Utah any agricultural, vegetable, flower or tree and shrub seeds for seeding purposes which contain any seeds of those weeds declared noxious by the Commissioner of Agriculture and Food.
b. It shall be the duty of the State Agricultural Inspector to remove from sale any lots of seeds offered for sale which are found to contain noxious weed seeds. Such seed may be recleaned under the supervision of the inspector and, if found to be free from noxious weed seeds, the same may be released for sale or distribution; otherwise, such seed shall be returned to point of origin, shipped to another state where such weed shall be returned to point of origin, shipped to another state where such weed seed is not noxious, or destroyed or processed in such a manner as to destroy viability of the weed seeds.
4. Screenings Sold for Livestock Feed.
a. All screenings or by-products of cleaning grains or other seeds containing noxious weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy such weed seeds so that the finished product contains not more than six whole noxious weed seeds per pound.
b. All mills and plants cleaning or processing any grains or other seeds shall be required to grind or otherwise treat all screenings containing noxious weed seeds so as to destroy such weed seeds to the extent that the above stated tolerance is not exceeded before allowing the same to be removed from the mill or plant. Such screenings may be moved to another plant for grinding and treatment; provided that: each container or shipment is labeled with the words "screenings for processing - not for seeding or feeding" and with the name and address of the consignor and the consignee.
5. Livestock Feed Material.
a. It shall be unlawful for any person, company or corporation to sell or offer for sale, barter or give away to the ultimate consumer any livestock feed material, including whole grains, which contain more than six whole noxious weed seeds per pound. Whole feed grain which exceeds this tolerance of noxious weed seeds may be sold to commercial processors or commercial feed mixers where the manner of processing will reduce the number of whole noxious weed seed to no more than six per pound.
6. Hay, Straw or Other Material of Similar Nature.
a. It shall be unlawful for any person, company or corporation to sell or offer for sale, barter or give away any hay, straw, or other material of similar nature, which is contaminated with mature noxious weed seeds or such parts of noxious weed plants which could cause new growth, or to alter, change or falsify in anyway information contained on a phytosanitary certificate.
7. Manure.
a. Manure produced from grain, hay, or other forage infested with noxious weeds shall not be applied or dumped elsewhere than upon the premises of the owner thereof.
8. Soil, Sod and Nursery Stock.
a. No soil, sod or nursery stock which contains or is contaminated with noxious weed seeds, or such parts of the plant that could cause new growth, shall be removed from the premises upon which it is located until cleaned of such weed seed or plant parts, except that such contaminated soil may be used for restrictive non-planting purposes upon permission and under direction of the county weed supervisor or a representative of the Utah Department of Agriculture and Food.
9. Noxious Weeds Distributed or Sold for Any Purpose.
a. It shall be unlawful for any person, company or corporation to sell, barter or give away any noxious weed plants or seeds for any purpose.
10. Livestock.
a. No livestock to which grain, hay, or other forage containing noxious weed seeds has been fed shall be permitted to range or graze upon fields other than those upon which they have been so fed for a period of 72 hours following such feeding. During such period, they shall be fed materials which are not contaminated with noxious weed seeds.
KEY: weed control
Date of Enactment or Last Substantive Amendment: [
November 3, 1997]2008Notice of Continuation: June 13, 2003
Authorizing, and Implemented or Interpreted Law: 4-2-2; 4-17-3
Document Information
- Effective Date:
- 8/13/2008
- Publication Date:
- 05/01/2008
- Filed Date:
- 04/07/2008
- Agencies:
- Agriculture and Food,Plant Industry
- Rulemaking Authority:
- Authorized By:
- Leonard M. Blackham, Commissioner
- DAR File No.:
- 31128
- Related Chapter/Rule NO.: (1)
- R68-9. Utah Noxious Weed Act.