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[Utah Administrative Code Table of Contents]
[Title R068. Table of Contents]
R68-16-1 Authority.
A. Promulgated under authority of Subsection 4-2-2 (1)(k), 4-2-2 (1)(l)(ii) and Section 4-35-9.
B. Refer to the Notice of Quarantine, Pine Shoot Beetle, Tomicus piniperda (Linnaeus), Effective December 28, 1992, issued by Utah Department of Agriculture and Food.
R68-16-2 Pest.
Pine Shoot Beetle, Tomicus Piniperda (Linnaeus), a beetle, family Scolytidae, is a serious pest of pine trees, and also known to damage fir, larch, and spruce trees by attacking the trunks and stems.
R68-16-3 Areas Under Quarantine.
A. The counties in the states listed below are hereby considered quarantined areas due to the confirmed presence of the Pine Shoot Beetle, Tomicus piniperda (Linnaeus):
1. Illinois: Kane County
2. Indiana: Allen, Elkhart, Fulton, Jasper, Kosciusko, LaGrange, Lake, Laporte, Marshall, Newton, Noble Porter, Pulaski, St. Joseph, Starke, Stueben, Wells and Whitley counties.
3. Michigan: Cass, Monroe, St. Joseph and Barrien counties.
4. New York: Erie and Niagara counties.
5. Ohio: Ashland, Ashtabula, cuyahoga, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland, Summit, Trumbull, and Wayne counties.
6. Pennsylvania: Crawford, Erie, and Lawrence counties.
B. Any areas not mentioned above and subsequently found to be infested.
R68-16-4 Articles and Commodities Under Quarantine.
The following are hereby declared to be regulated articles, hosts, and possible carriers of the Pine Shoot Beetle:
A. The Pine Shoot Beetle, Tomicus piniperda (Linnaeus), in any living stage of development.
B. Plants of the genus Pinus spp. whether balled and burlapped or cut live for use as Christmas trees.
C. Timber or whole log forms of the genus Pinus spp., Abies spp., Larix spp., and Picea spp. with bark intact.
D. Ornamental foliage from the genus Pinus spp.
E. Any other plant, plant part, article, or means of conveyance when it is determined by the Commissioner of the Department of Agriculture and Food or the Commissioner's duly authorized agent to present a hazard of spreading live Pine Shoot Beetle due to infestation or exposure to infestation by Pine Shoot Beetle.
R68-16-5 Restrictions.
A. All articles and commodities under quarantine are prohibited entry into Utah from an area under quarantine with the following exceptions:
1. From uninfested areas of the states listed in R68-16-3 when accompanied by a certificate of origin stating the origin of the material and that the plant material originated from an area not known to be infested with the Pine Shoot Beetle.
2. Regulated logs and lumber may be permitted entry only when such articles are certified by an authorized state or federal inspector to have been fumigated in accordance with the following schedule: Logs and lumber may be treated with methyl bromide at normal atmospheric pressure with 48 g/m3 (3 lbs/1000 ft.3) for 16 hours at 21 C (70 F), or above, or 80 g/m3 (5 lb./1000 ft. 3) for 16 hours at 4.5 -22.5 C (40 -69 F). Additionally, such treated articles shall be protected from reinfestation prior to shipping and an official fumigation certificate signed by or bearing a facsimile signature of the authorized agricultural inspection official of the state of origin shall accompany each load or lot of regulated articles so fumigated. Such certificate shall include, but not be limited to the following information: Verification that the articles were fumigated, the date, the exact location or place of fumigation and the dosage of the fumigant used.
R68-16-6 Disposition of Violations.
Any or all shipments or lots of quarantined articles or commodities listed in R68-16-4, arriving in Utah in violation of this quarantine shall immediately be sent out of the state, destroyed, or treated by a method and in a manner as directed by the Commissioner of the Utah Department of Agriculture and Food or his agent. Treatment shall be performed at the expense of the owner, or owners, or their duly authorized agent.
[Indexing]
KEY: quarantine
1994
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
4-2-2
(1)(k)
4-2-2
(1)(1)(ii)
4-35-9
Notice of Continuation September 11, 1998
