Utah Administrative Code
Topic - Agriculture and Food
Title R68 - Plant Industry
Rule R68-9 - Utah Noxious Weed Act
Section R68-9-4 - Designations, Publications, and Prescribed Treatment for Articles Capable of Disseminating Noxious Weeds
Universal Citation: UT Admin Code R 68-9-4
Current through Bulletin 2024-06, March 15, 2024
(1) The following articles are designated and published as capable of disseminating noxious weeds. Any person using these articles in a manner that puts the articles at risk of contamination with noxious weeds shall treat them with the minimum treatment required to prevent the dissemination of noxious weed seeds or parts of noxious weed plants that could cause new growth.
(a) Machinery and Equipment.
(i) A person, company, or corporation may
not:
(A) bring any harvesting or threshing
machinery, portable feed grinders, portable seed cleaners, or other farm
vehicles or machinery into the state without cleaning the equipment to ensure
it is free from any noxious weed seed or plant parts; or
(B) move any harvesting or threshing
machinery, portable feed grinders, or portable seed cleaners from any farm
infested with any noxious weed without cleaning the equipment to ensure it is
free from any noxious weed seed and plant parts.
(ii) Threshing machinery that is contaminated
with noxious weeds shall be cleaned immediately following the threshing of
grain or seed by:
(A) removing any loose
material from the top and side of the machine by sweeping with a
blower;
(B) opening the lower end
of the elevator, return and measuring device, and removing infested material
from shakers, sieves, and other places of lodgement;
(C) running the machine empty for at least
five minutes, alternately increasing and retarding the speed; and
(D) following the manufacturer's detailed
suggestions for cleaning the machine.
(b) Farm Trucks and Common Carriers.
(i) A person, company, or corporation may not
transport seed, screenings, or feed of any kind containing noxious weed seed
over or along a highway in this state or on any railroad unless the seed,
screenings, or feed containing noxious weed seed is carried or transported in
vehicles or containers that will prevent the leaking or scattering of the seed,
screenings, or feed containing noxious weed seed.
(ii) A common carrier shall thoroughly clean
cars, trucks, vehicles, or other receptacles after each load has been delivered
to a consignee and destroy any noxious weed seeds or plant parts before placing
the car, truck, vehicle, or receptacle into service.
(c) Seed.
(i) A person, firm, or corporation may not
sell, offer or expose for sale, or distribute any agricultural, vegetable,
flower, or tree and shrub seeds for seeding purposes that contains any seeds of
those weeds declared noxious by the department.
(ii) A department agricultural inspector
shall remove any lots of seeds offered for sale that are found to contain
noxious weed seeds.
(A) The seed may be
recleaned under the supervision of the inspector, and if found to be free from
noxious weed seeds, released for sale or distribution; otherwise, the seed
shall be:
(I) returned to the point of
origin;
(II) shipped to another
state where the weed shall be returned to the point of origin;
(III) shipped to another state where the weed
seed is not noxious; or
(IV)
destroyed or processed in a manner as to destroy the viability of the weed
seeds.
(d) Screenings Sold for Livestock Feed.
(i) A person that uses screenings in
commercial feed or sells them to an ultimate consumer shall ensure that, any
screenings or by-products of cleaning grains or other seeds containing noxious
weed seeds are ground fine enough or otherwise treated to destroy the weed
seeds so that the finished product contains at most six whole noxious weed
seeds per pound.
(ii) The operator
of a mill and plant that cleans or processes any grains or other seeds shall
grind or otherwise treat any screenings containing noxious weed seeds to
destroy the weed seeds to the extent that the tolerance in this rule is not
exceeded before allowing the grains or other seeds to be removed from the mill
or plant.
(A) 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.
(e) Livestock Feed Material.
(i) A person, company, or corporation shall
not sell or offer for sale, barter, or give away to the ultimate consumer any
livestock feed material, including whole grains, that contain more than six
whole noxious weed seeds per pound.
(A) Whole
feed grain that exceeds this tolerance of noxious weed seeds may be sold to
commercial processors or commercial feed mixers if the manner of processing
will reduce the number of whole noxious weed seeds to no more than six per
pound.
(f)
Hay, Straw, or Other Material of Similar Nature.
(i) A person, company, or corporation may
not:
(A) sell or offer for sale, barter, or
give away any hay, straw, or other material of similar nature that is
contaminated with mature noxious weed seeds or parts of noxious weed plants
that could cause new growth; or
(B)
alter, change, or falsify the information contained on a phytosanitary
certificate.
(ii) Manure
produced from grain, hay, or other forage infested with noxious weeds may only
be dumped on the premises of the owner of the manure.
(g) Soil, Sod, and Nursery Stock.
(i) A person, company, or corporation may not
remove soil, sod, or nursery stock that contains or is contaminated with
noxious weed seeds or parts of the plant that could cause new growth from the
premises where it is located until it is cleaned of weed seed or plant
parts.
(ii) Contaminated soil may
be used for restrictive non-planting purposes with permission and under the
direction of the County Weed Supervisor or a department representative.
(h) Livestock.
(i) A person, company, or corporation may not
allow livestock that has been fed with grain, hay, or other forage containing
noxious weed seeds to range or graze upon fields other than those upon which
they have been so fed for 72 hours following the feeding. During this period,
the livestock shall be fed materials not contaminated with noxious weed
seeds.
(2) Any person, company, or corporation shall not sell, barter, or give away any noxious weed plants or seeds for any purpose.
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