R652-150-300. Exceptions

For purposes of Section 65A-14-101 et seq., and this rule, the following entities and/or activities are exempt from the requirements of this rule:

1. horticultural cultivation, except for horticultural genetic engineering conducted in a manner otherwise constituting bioprospecting;

2. an agricultural enterprise;

3. a forest and range management practice;

4. invasive weed management;

5. Christmas tree and related sales; and

6. incidental removal of a microorganism, plant, or fungus while engaged in bona fide research or commercial enterprises.

This rule does not modify or replace any other requirement under federal, state, or local law related to an act that under Section 65A-14-101 et seq. is considered bioprospecting, including any requirement to obtain the permission of a landowner. In addition, this rule applies only to bioprospecting activities occurring on non-federal public land.