DAR File No. 31009

Agriculture and Food, Plant Industry

R68-17

Quarantine Pertaining to Necrotic Strain of the Potato Virus Y

NOTICE OF PROPOSED RULE

DAR File No.: 31009
Filed: 02/15/2008, 04:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The quarantine outlined in Rule R68-17 is no longer applicable to the distribution or management of these pathogens.

Summary of the rule or change:

No seed potatoes are grown in Utah. The Federal Memorandum of Understanding covers the seed production of potatoes if the potatoes seed production were to return to Utah. This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Subsection 4-2-2(1)(k)

Anticipated cost or savings to:

the state budget:

There are no costs to the state associated with repealing this rule because there is no more seed potato production in Utah.

local governments:

There are no costs to local government associated with repealing this rule because there is no more seed potato production in Utah.

small businesses and persons other than businesses:

There are no costs to the small businesses associated with repealing this rule because there is no more seed potato production in Utah.

Compliance costs for affected persons:

There is no costs to individuals associated with repealing this rule because there is no seed potato production in Utah.

Comments by the department head on the fiscal impact the rule may have on businesses:

This virus only affects seed potatoes. The Department of Agriculture and Food employees have inspected seed potatoes for Necrotic Strain of the Potato Virus Y, but because Utah farmers no longer grow seed potatoes for other states, there is no need for this quarantine. 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:

Kathleen Mathews or Clair Allen at the above address, by phone at 801-538-7103 or 801-538-7180, by FAX at 801-538-7126 or 801-538-7189, or by Internet E-mail at kmathews@utah.gov or ClairAllen@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:

03/31/2008

This rule may become effective on:

04/07/2008

Authorized by:

Leonard M. Blackham, Commissioner

R68. Agriculture and Food, Plant Industry.

[R68-17. Quarantine Pertaining to Necrotic Strain of the Potato Virus Y.

R68-17-1. Authority.

A. Promulgated under authority of Subsection 4-2-2(1)(k).

B. Refer to the Notice of Quarantine, Necrotic Strain of the Potato Virus Y, effective April 15, 1993, issued by Utah Department of Agriculture and Food.

 

R68-17-2. Disease.

Necrotic Strain of the Potato Virus Y, a virus disease of many plant species, mostly in the family Solanacea.

 

R68-17-3. Areas Under Quarantine.

A. The Canadian provinces listed below are hereby considered regulated areas due to the confirmed presence of the Necrotic Strain of the Potato Virus Y:

1. New Brunswick

2. Nova Scotia

3. Ontario

4. Prince Edward Island

5. Quebec

B. Any areas not mentioned above and subsequently found to be infested.

 

R68-17-4. Articles and Commodities Under Quarantine.

The following are hereby declared to be regulated articles, hosts and possible carriers of the Necrotic Strain of the Potato Virus Y:

A. Potatoes for propagation.

B. Plants of the family Solanaceae.

C. 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 introducing the Necrotic Strain of the Potato Virus Y into the State of Utah.

 

R68-17-5. Restrictions.

All articles and commodities under quarantine are prohibited entry into Utah from an area under quarantine.

 

R68-17-6. Exemptions.

Table stock and processing potatoes from quarantined areas may be shipped to Utah, provided they are treated with a sprout inhibitor registered for use in the State of Utah.

 

R68-17-7. Disposition of Violations.

Any or all potato fields planted with seed potatoes from quarantined areas and any or all shipments of lots of quarantined articles or commodities listed in R68-17-4, arriving in Utah in violation of this quarantine shall immediately be sent out of the state, destroyed, or treated by a method in a manner as directed by the Commissioner of the Utah Department of Agriculture and Food or his duly authorized agent. Treatment shall be performed at the expense of the owner, or owners, or their duly authorized agent.

 

KEY: quarantine

Date of Enactment or Last Substantive Amendment: 1994

Notice of Continuation: June 13, 2003

Authorizing, and Implemented or Interpreted Law: 4-2-2(1)(k); 4-2-2(1)(1)(ii)]