010-42 Wyo. Code R. § 42-12

Current through April 27, 2019

Section 42-12 - District - wide Quarantine of Movement of Infes ted Farm Products and Equipment into a District

(a) District-wide quarantines shall be declared by the Director when the requesting District Board provides the Director with the affidavit referred to in Section 7 of this Chapter and the initial request

(b) If farm products and equipment are not certified as free from insects, pests, weed seeds, poisonous or injurious plants, or plant disease or are not certified free from infested farm products that may be injurious and detrimental to the state, and no exceptions under W.S. 11-5-116(d)(i) -(iii) apply, then a District Board, its agent, or law enforcement may detain and inspect the vehicle and cargo carrying the farm products and equipment for visible insects, pests, weed seeds, poisonous or injurious plants, or plant disease.

(c) After inspection by the District Board, its agent, or law enforcement and the finding of infested farm products or equipment, the person making the finding shall:

• (i) Inform the person in charge of the vehicle and/or the owner of the farm products or equipment of his findings;

• (ii) Instruct the person in charge of the vehicle that the following remedial options are available:
  • (A) Return the cargo or equipment to its point of origin;
  • (B) Return the cargo or equipment to its point of origin or other designated site and clean the cargo or equipment to the point that no infestation is present;
  • (C) Take the cargo to a processing plant to have the infestation rendered harmless and/or cleaned to the point that no infested farm products are present;
  • (D) Change the destination of the cargo or equipment to a place where the infested farm products or equipment will not be detrimental; or
  • (E) Destroy the infested farm products in a manner that destroys the infesting agent; and

• (iii) Inform the person in charge of the vehicle and/or owner of the infested farm products or equipment of the right to appear at a hearing before the District Board if the person disagrees with the proposed remedies presented or the identity of the infestation. The person may appear at the hearing in person or through counsel. A person may waive the right to a hearing in writing.
  • (A) In the event the person in charge of the vehicle does not comply with options as specified in this Section and requests a hearing before the District Board, the hearing shall be held to disagree with the remedies or the identification of the infestation.

(d) If the agent and/or district supervisor does not find infested farm products upon completion of inspection of the cargo or equipment, the agent and/or district supervisor shall give the person in charge of the vehicle a certificate showing no infested farm products or equipment were found and that the vehicle and cargo are released. The certificate should also contain the date, time, place, vehicle's cargo description, and origin and destination of the load;

(e) The procedures outlined in this Section may be followed for the inspection of infested farm product and equipment shipments in the district-wide quarantine, statewide quarantine, and individual shipment quarantines.

010-42 Wyo. Code R. § 42-12

Amended, Eff. 4/7/2015.