Utah Admin. Code 68-11-6

Current through Bulletin 2025-01, January 1, 2025
Section R68-11-6 - Exemptions
(1) The Emerald Ash Borer, Agilus planipennis, in any stage of development is not exempt from this rule under any circumstances.
(2) The Commissioner may declare particular regulated articles from individual states, counties, or provinces exempt from this rule if they request an exemption.
(3) Requests for exemption shall be made to the department in writing and shall:
(a) certify that Emerald Ash Borer is not known to be present in their jurisdiction;
(b) provide documents outlining their Emerald Ash Borer monitoring program;
(c) agree to provide their Emerald Ash Borer trapping data to the department, including:
(i) how the trapping survey was carried out;
(ii) the number and location of traps;
(iii) results of the trapping survey; and
(iv) history of the Emerald Ash Borer trapping survey;
(c) certify that they will notify the department of any Emerald Ash Borer detections within their jurisdiction within 48 hours; and
(d) provide written justification explaining why regulated articles from their state, county, or province present a low risk for Emerald Ash Borer introduction into Utah.
(4) The department shall maintain a current and publicly available list of exempt states, counties, and provinces.
(5) The department shall respond in writing within ten business days of the request for exemption.
(6) Exemptions are valid for a 12-month period.
(7) The department may at any time revoke an exemption due to a change in the risk assessment.
(8) The department shall notify the jurisdiction, in writing, identifying the reason for the revocation.

Utah Admin. Code R68-11-6

Adopted by Utah State Bulletin Number 2021-09, effective 4/23/2021
Amended by Utah State Bulletin Number 2022-12, effective 6/8/2022