No. 31127 (Amendment): R68-8-2. Noxious Weed Seeds and Weed Seed Restrictions

DAR File No.: 31127
Filed: 04/04/2008, 02:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

These changes correspond with the noxious weed rule identifying the nine weeds to the current Noxious Weed Rule R68-9. (DAR NOTE: the proposed amendment to Rule R68-9 is under DAR No. 31128 in this issue, May 1, 2008, of the Bulletin.)

Summary of the rule or change:

The State Weed Board proposed to create three noxious weed categories. 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. Replace Whitetop Cardaria spp. with Hoary Cadadia spp. which is the correct scientific name.

State statutory or constitutional authorization for this rule:

Sections 4-2-2, 4-16-3, and 4-17-3

Anticipated cost or savings to:

the state budget:

There is no additional cost to the state associated with the proposed rule changes because this is just identifying noxious weeds, not control.

local governments:

There is no additional cost 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 is no additional cost to small business associated with the proposed rule changes because this is just identifying noxious weeds, not control.

Compliance costs for affected persons:

There is no cost 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 state agrees with the State Weed Committee, Utah Weed Control Association, and Utah Weed Supervisor's Association boards on making these changes in the noxious weed rule. These additions and changes make the noxious weed rule more representative of the noxious weeds in Utah and the classes will make them easier to enforce violations. 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 84116-3034

Direct 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 [e-mail] or [e-mail]

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:

06/09/2008

Authorized by:

Leonard M. Blackham, Commissioner

RULE TEXT

R68. Agriculture and Food, Plant Industry.

R68-8. Utah Seed Law.

R68-8-2. Noxious Weed Seeds and Weed Seed Restrictions.

It shall be unlawful for any person, firm, or corporation to sell, offer, or expose for sale or distribute in the State of Utah any agricultural, vegetable, flower, tree and shrub seeds, or seeds for sprouting for seeding purposes which:

A. Contain, either in part or in whole, any prohibited noxious weed seeds.

1. "Prohibited" noxious weed seeds are the seeds of any plant determined by Utah Commissioner of Agriculture and Food to be injurious to public health, crops, livestock, land, or other property and which is especially troublesome and difficult to control.

2. Utah prohibited noxious weed seeds are as follows:

 

TABLE

     Bermudagrass (Except in            Cynodon dactylon (L.)

       Washington County)                 Pers.

     Bindweed (Wild Morning-glory)      Convolvulus spp.

     Black henbane                     Hyoscyamus niger (L.)

     Broad-leaved Peppergrass (Tall     Lepidium latifolium L.

       Whitetop)

     Canada Thistle                     Cirsium arvense (L.)

                                          Scop.

     Dalmation Toadflax                 Linaria dalmatica (L.)

                                          Miller

     Diffuse Knapweed                   Centaurea diffusa (Lam.)

     Hoary cress                        Cardadia  spp.

     Houndstongue                       Cynoglossum 

                                          officinale (L.)

     Dyers Woad                         Isatis Tinctoria L.

     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).

     Poison Hemlock                     Conium maculatum (L.)

     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.

     SaltCedar (Tamarix)                Tamarix ramosissima

                                          Ledeb.

     Scotch Thistle (Cotton Thistle)    Onopordum acanthium L.

     Spotted Knapweed                   Centaurea maculosa

                                          Lam.

     Squarrose Knapweed                 Centaurea virgata Lam. Ssp

                                          squarrosa Gugle.

     St. Johnswort, common              Hypericum

                                          perforatum (L.)

     Sulfur cinquefoil                  potentilla recta L.

[    Whitetop                           Cardaria spp.]

     Yellow Starthistle                 Centaurea

                                          solstitialis L.

     Yellow toadflax                    Linaria vulgaris (Mill.)

 

B. Contain any restricted weed seeds in excess of allowable amounts:

1. The following weed seeds shall be allowed in all crop seed, but shall be restricted not to exceed a maximum of 27 such seeds per pound, either as a single species or in combination:

 

TABLE

     Dodder                Cuscuta app.

     Halogeton             Halogeton glomeratus (M. Bieb.)

     Jointed goatgrass     Aegilops cylindrica (Host.)

     Poverty Weed          Iva axillaris Pursh.

     Wild Oats             Avena fatua L.

 

2. The following maximum percentage of weed seeds by weight shall be allowed:

a. Two percent (2.0%) of Cheat (Bromus secalinus), Chess (Bromus brizaformis), (B. commutatus), (B. mollis), Japanese Brome (Bromus japonicus) and Downy Brome (Bromus tectorum) either as a single species or in combination in grass seeds.

b. One percent (1.0%) of any weed seeds not listed in 2.a. above in grass, flower, tree and shrub seeds.

c. One half of one percent (0.50%) in all other kinds or types of seeds.

 

KEY: inspections

Date of Enactment or Last Substantive Amendment: [May 30, 2000]2008

Notice of Continuation: January 9, 2006

Authorizing, and Implemented or Interpreted Law: 4-2-2; 4-16-3; 4-17-3