4-35 - Plant Pest Emergency Control Act
Title 4 > 4-35
Sections (8)
4-35-101 - Title.
This chapter is known as the “Plant Pest Emergency Control Act.”
4-35-102 - Definitions.
As used in this chapter: 4-35-102(1) “Department” means the Department of Agriculture and Food. 4-35-102(2) “Fund” means the Plant Pest Fund created by Section 4-35-106. 4-35-102(3) “Plant pest” means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection 4-2-103(1)(k)(i).
4-35-104 - Commissioner to declare emergency — Powers of commissioner in emergency.
4-35-104(1) The commissioner, with the consent of the governor, may declare that a plant pest emergency situation exists that jeopardizes property and resources, and designate the area or areas affected. An area referred to in Subsection (1)(a) may include federal lands, after notification of the appropriate federal land manager. 4-35-104(2) The commissioner is authorized, subject to Section 4-35-105, to direct all emergency measures the commissioner considers necessary to alleviate the emergency condition. 4-35-104(3) The commissioner shall:
use equipment, supplies, facilities, personnel, and other available resources; enter into contracts for the acquisition, rental, or hire of equipment, services, materials, and supplies; accept assistance, services, and facilities offered by federal and local governmental units or private agencies; and accept on behalf of the state the provisions and benefits of acts of Congress designated to provide assistance.
4-35-105 - Commissioner to act upon declaration of a plant pest emergency.
4-35-105(1) The commissioner initiates operations to control a plant pest in the designated area or upon declaration of an infestation emergency. 4-35-105(2) The commissioner may suspend or terminate control operations upon a determination that the operations will not significantly reduce the plant pest population in the designated emergency area.
4-35-106 - Plant Pest Fund.
4-35-106(1) There is created an expendable special revenue fund known as the “Plant Pest Fund.” 4-35-106(2) The fund is funded from:
money the plant industry division within the department receives under this title; the landowner’s and lessee’s share of costs, if required by rule made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; appropriations from the Legislature; federal money deposited into the fund; and the interest and earnings on the fund. 4-35-106(3) The department may only use money in the fund to fund survey, detection, eradication, or suppression efforts for plant pests with the exception designated in Subsection (4). 4-35-106(4) The department may annually use an amount not to exceed the lesser of the following for staff or administrative costs to carry out the department’s duties under this chapter:
10% of the fund annually; or 10,000,000 of money deposited under Subsections (2)(a), (c), and (e). The Division of Finance shall transfer the money described in Subsection (5)(a) in excess of $10,000,000 at the end of a fiscal year into the General Fund. 4-35-106(6) Federal money deposited into the fund shall be accounted for separately. 4-35-106(7) Fund money may be used as matching funds for participation in programs of the United States Department of Agriculture for survey, detection, eradication, or suppression efforts of plant pests.
4-35-107 - Notice to owner or occupant — Corrective action required — Directive issued by department — Costs — Owner or occupant may prohibit treatment.
4-35-107(1) The department or an authorized agent of the department shall notify the owner or occupant of the problem and the available alternatives to remedy the problem. The owner or occupant shall take corrective action within 30 days. 4-35-107(2) If the owner or occupant fails to take corrective action under Subsection (1), the department may issue a directive for corrective action that shall be taken within 15 days. If the owner or occupant fails to act within the required time, the department shall take the necessary action. The department may recover full or partial costs incurred for controlling a plant pest emergency from the owner or occupant of the property on whose property corrective action was taken. The amount of costs to be recovered is at the department’s sole discretion. 4-35-107(3) An owner or occupant of property may prohibit treatment by presenting an affidavit from the owner’s or occupant’s attending physician or physician assistant to the department that states that the treatment as planned is a danger to the owner’s or occupant’s health. The department shall provide the owner or occupant with alternatives to treatment that will abate the plant pest.
4-35-108 - Persons and activities exempt from civil liability.
No state agency or state agency officers and employees nor the officers, agents, employees, or representatives of any governmental or private entity acting under the authority granted by this chapter is liable for claims arising out of the reasonable exercise or performance of duties and responsibilities under this chapter.
4-35-109 - Department to adopt rules.
The department is authorized to adopt and enforce rules to administer this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act .