Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since May 1, 2016, please see the codification segue page.

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R68. Agriculture and Food, Plant Industry.

Rule R68-9. Utah Noxious Weed Act.

As in effect on May 1, 2016

Table of Contents

R68-9-1. Authority.

Promulgated under authority of 4-2-2 and 4-17-3.

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:

There are hereby designated five classes of noxious weeds in the state: Class 1A (EDRR Watch List), Class 1 (EDRR), Class 2 (Control), Class 3 (Containment), and Class 4 (Prohibited for sale or propagation).

                                                     TABLE

Class 1A: Early Detection Rapid Response (EDRR) Watch List
Declard noxious and invasive weeds not native to te state of
Utah and not known to exist in the State that pose a serious
threat to the state and should be considered as a very high
priority.

Common crupina                     Crupina vulgaris
African rue                        Peganum harmala
Small bugloss                      Anchusa arvensis
Mediterranean sage                 Salvia aethiopis
Spring millet                      Milium vernale
Syrian beancaper                   Zygophyllum fabago
Ventenata (North Africa grass)     Ventenata dubia
Plumeless thistle                  Carduus acanthoides
Malta starthistle                  Centaurea melitensis

Class 1B: Early Detection Rapid Response (EDRR)
Declared noxious and invasive weeds not native to the State of
Utah that are known to exist in the state invery limited
populations and pose a serious threat to the state and should
be considered as a very high priority.

Camelthorn                         Alhagi maurorum
Garlic mustard                     Alliaria petiolata
Purple starthistle                 Centaurea calcitrapa
Goatsrue                           Galega officinalis
African mustard                    Brassica tournefortii
Giant reed                         Arundo donax
Japanese knotweed                  Polygonum cuspidatum
Blueweed (Vipers bugloss)          Echium vulgare
Elongated mustard                  Brassica elongata
Common St. Johnswort               Hypericum perforatum
Oxeye daisy                        Leucanthemum vulgare
Cutleaf vipergrass                 Scorzonera laciniata

Class 2: Control
Declared noxious and invasive weeds not native to the state of
Utah, that pose a threat to the state and should be considered
a high priority for control.  Weeds listed in the control list
are known to exist in varying populations throughout the
state.  The concentration of these weeds is at a level where
control or eradication may be possible.

Leafy spurge                       Euphorbia esula
Medusahead                         Taeniatherum caput-medusae
Rush skeletonweed                  Chondrilla juncea
Spotted knapweed                   Centaurea stoebe
Purple loosestrife                 Lythrum salicaria
Squarrose knapweed                 Centaurea virgata
Dyers woad                         Isatis tinctoria
Yellow starthistle                 Centaurea solstitialis
Yellow toadflax                    Linaria vulgaris
Diffuse knapweed                   Centaurea diffusa
Black henbane                      Hyoscyamus niger
Dalmation toadflax                 Linaria dalmatica

Class 3: Containment
Declared noxious and invasive weeds not native to the State of
Utah that are widely spread. Weeds listed in the containment
noxious weeds list are known to exist in various populations
throughout the state.  Weed control efforts may be directed at
reducing or eliminating new or expanding weed populations.
Known and established weed populations, as determined by the
weed control authority, may be managed by any approved weed
control methodology, as determined by the weed control
authority.  These weeds pose a threat to the agricultural
industry and agricultural products.

Russian knapweed                   Acroptilon repens
Houndstounge                       Cynoglossum officianale
Perennial pepperweed               Lepidium latifolium
  (Tall whitetop)
Phragmites (Common reed)           Phragmites australis ssp.
Tamarisk(Saltcedar)                Tamarix ramosissima
Hoary cress                        Cardaria spp.
Canada thistle                     Cirsium arvense
Poison hemlock                     Conium maculatum
Musk thistle                       Carduus nutans
Quackgrass                         Elymus repens
Jointed goatgrass                  Aegilops cylindrica
Bermudagrass*                      Cynodon dactylon
Perennial Sorghum spp.             including but not limited
                                   to Johnson Grass (Sorghum
                                   halepense)and Sorghum
                                   almum (Sorghum almum).
Scotch thistle (Cotton thistle)    Onopordum acanthium
Field bindweed                     Convolvulus spp.
  (Wild Morning-glory)
Puncturevine(Goathead)             Tribulus terrestris

* 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.

Class 4: Prohibited
Declared noxious and invasive weeds, not native to the state
of Utah, that pose a threat to the state through the retail
sale or propagation in the nursery and greenhouse industry.
Prohibited noxious weeds are annual, biennial, or perennial
plants that the commissioner designates as having the
potential or are known to be detrimental to human or animal
health, the environment, public roads, crops, or other
property.

Cogongrass                         Imperata cylindrica
  (Japanese blood grass)
Myrtle spurge                      Euphorbia myrsinites
Dames Rocket                       Hesperis matronalis
Scotch broom                       Cytisus scoparius
Russian olive                      Elaeagnus angustifolia

Each county in Utah may have different priorities regarding
specific State designated Noxious Weeds and is therefore able
to reprioritize these weeds for their own needs.
                                                            

R68-9-3. Designations and Publication of Articles Capable of Disseminating Noxious Weeds.

A. As provided in Section 4-17-3, the following articles are designated and published by the Commissioner as capable of disseminating noxious weeds:

1. Machinery and equipment, particularly combines and hay balers.

2. Farm trucks and common carriers.

3. Seed.

4. Screenings sold for livestock feed.

5. Livestock feed material.

6. Hay, straw, or other material of similar nature.

7. Manure.

8. Soil, sod and nursery stock.

9. Noxious weeds distributed or sold for any purpose.

10. Livestock.

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.

R68-9-5. Reports From Counties.

A. The Board of County Commissioners of each county, with the aid of their county Weed Board and their County Weed Supervisor, shall submit an "Annual Progress Report of County Noxious Weed Control Program" to the Commissioner of Agriculture and Food by January 15 of each year, covering the activities of the previous calendar year. A prescribed form for this report shall be supplied by the Commissioner.

R68-9-6. Notices.

A. General and individual notices pertaining to the control and prevention of noxious and invasive weeds shall be substantially of the types prescribed herein; namely, General Notice to Control Noxious Weeds, Individual Notice to Control Noxious Weeds, and Notification of Noxious Weed Lien Assessment.

1. General Notice To Control Noxious Weeds.

A general public notice shall be posted by the County Weed Board in at least three public places within the county and be published in one or more newspapers of general circulation throughout the county, on or before May 1 of each year and at any other times the County Weed Board determines. Such public notice shall state that it is the duty of every property owner to control and prevent the spread of noxious weeds on any land in his possession, or under his control, and shall serve as a warning that if he fails to comply with this notice, enforced weed control measures may be imposed at the direction of county authorities. Such general notice shall also include a list of weeds declared noxious for the State of Utah and for said county, if any.

2. Individual Notice to Control Noxious Weeds.

Following publication of a general notice, if a County Weed Board determines that definite weed control measures are required to control noxious weeds on a particular property, the Board shall cause an individual notice to be served upon the owner or the person in possession of said property, giving specific instructions concerning when and how the noxious weeds are to be controlled within a specified period of time. The individual notice shall also inform the property owner or operator of legal action which may be taken against him if he fails to comply with said notice.

3. Notification of Noxious Weed Lien Assessment.

If it is deemed advisable, the Board of County Commissioners may cause noxious weeds to be controlled on a particular property and any expenses incurred by the county shall be paid by the owner of record or the person in possession of the property. A notice shall be provided such person, showing an itemized cost statement of the labor and materials necessarily used in the work of said control measures. This notice shall also state that the expense constitutes a lien against the property and shall be added to the general taxes unless payment is made to the County Treasurer within 90 days.

KEY

noxious weeds, weed classifications, weed control

Date of Enactment or Last Substantive Amendment

February 2, 2016

Notice of Continuation

June 6, 2013

Authorizing, Implemented, or Interpreted Law

4-2-2; 4-17-3;


Additional Information

Contact

For questions regarding the content or application of rules under Title R68, please contact the promulgating agency (Agriculture and Food, Plant Industry). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.