Idaho Admin. Code r. 02.06.09.320

Current through September 2, 2024

Section 02.06.09.320 - VOLUNTARY NOXIOUS WEED FREE FORAGE AND STRAW CERTIFICATION PROGRAM

01.Purpose. The noxious weed free forage and straw certification program is a voluntary program, the purpose of which is to provide a means for the inspection, certification, and marking of forage and straw as noxious weed free. The program will be managed by the Department and may be implemented through an agent of the Department. The program will allow for the preparation of a transit certificate for the purpose of interstate transport or shipping of forage and straw into and through states that place regulations and restrictions on such commodities. The program is intended to reduce the exportation, importation, growth, and spread of noxious weeds.

02.Certifying Authority. The Department or its agent is the certifying authority. The certifying authority will appoint, as needed, approved inspectors throughout the state, who may issue certificates of inspection.

03.Certification Training. The Department will determine minimum training and accreditation standards for approved inspectors. Training will be provided annually by the Department or its agent. Attendance at annual training will certify accreditation for the inspector for that calendar year. Approved inspectors will be issued a certificate of training for the calendar year. Annual training includes:

a. Field inspection techniques and procedures;

b. ISDA Noxious Weed Lists and NAISMA Weed Free Forage Prohibited Weed List plant identification;

c. ISDA and NAISMA certification standards and guidelines;

d. Knowledge of weed management, including:

i. Burning;

ii. Mowing, cutting or roguing;

iii. Mechanical methods; and

iv. Herbicides.

e. Inspection forms.

04.Certification Program.

a. The Department or its agent will:

i. Coordinate forage and straw inspections within the state;

ii. Select, train, and supervise persons who serve as approved inspectors;

iii. Issue certificates of inspection, transit certificates, NAISMA Twine, forage cubes/pellets tags/labels, certified compressed forage/straw bale binding material, and bale tags to qualifying participants;

iv. Maintain a record of inspections performed and certificates and tags issued;

b. Under the direction of the Department or its agent an approved inspector may perform inspections and issue certificates of inspection, transit certificates, NAISMA Twine, forage cubes/pellets tags/labels, and bale tags within the state at cost.

05.Application for Certification.

a. Application for certification inspection shall be made on forms available from the Department or its agent and submitted to the Department or its agent.

b. An applicant's signature on the application for certification is verification of the accuracy of the information submitted, and signifies the applicant's intent to comply with the post-certification and distribution requirements.

06.Field Inspection Procedures.

a. Forage or straw shall be inspected within a maximum of ten (10) days prior to cutting/harvesting in the field of origin for each field and cutting to be certified. Fields must be inspected again if circumstances prevent harvest of the forage/straw for a period greater than ten (10) days from the first inspection.

b. Each field inspected shall be identified by the name of the owner and a field name or number. The certification inspection may be performed on an entire field or a portion of a field, if the portion is plainly marked and identified prior to inspection.

c. Field inspections must take place prior to any operation that will limit the approved inspector's ability to properly inspect and certify the field. Fields that have been cut or harvested prior to inspection are ineligible for certification.

d. There shall be a minimum of two (2) entry points per field.

e. There shall be minimum of one (1) entry point per each ten (10) acres (four (4) hectares).

f. Each point of entry shall be at least one hundred fifty (150) feet (forty-five (45) meters) into the field, and each additional one hundred fifty (150) feet (forty-five (45) meters) traveled constitutes an entry point. Travel shall be uninterrupted, proceeding through the field being inspected.

g. The entire field border will be physically inspected.

h. The field inspection will include all ditches, fence rows, roads, easements, rights-of-way, or buffer zones surrounding the field.

i. Forage/straw that contains any noxious weeds as identified in Section 22-2402(17) or noxious weeds listed on the NAISMA Weed Free Forage Prohibited Weed List, may be certified if the following requirements are met:

i. Forage/straw that contains any noxious weeds may still be certified if the field upon which the forage/straw was produced is treated to prevent noxious weed seed or other propagule viability according to agricultural practices acceptable to, and to the satisfaction of, the approved inspector.

ii. Noxious weed(s) were treated not later than rosette to bud stage, or boot stage for grass species classified as noxious weeds, prior to cutting or harvesting; and

iii. Treatment method can include, but is not limited to burning, mowing, cutting or roguing, mechanical methods, or chemicals.

j. An inspection certificate shall document that the above requirements have been met.

k. Baling equipment must be cleaned of any noxious weeds prior to harvesting certified forage. If the baling equipment is not cleaned, the first three (3) small square bales or the first large round or square bale produced shall be considered non-certified.

l. Interstate shipment of baled forage and straw shall be accompanied by an original transit certificate issued by the approved inspector in the county of origin. The storage area shall also be inspected and be free of noxious weeds.

m. An approved inspector may not inspect fields of which said inspector has ownership or financial interest.

07.Certification Standards. After completing an inspection, the approved inspector will complete a certificate of inspection.

a. If the field or commodity inspected is certified as NAISMA Noxious Weed Free, the approved inspector will issue a certificate of inspection for that harvest or cutting. If the field or commodity contains NAISMA Noxious Weeds, but does not contain Idaho State noxious weeds, it may be certified as Idaho State noxious weed free, and such certification will be noted on the certificate of inspection.

b. If the field or commodity inspected is certified as noxious weed free, as defined in Subchapter C, the approved inspector may also issue, upon request, any of the following documents:

i. Transit certificates.

ii. Bale tags. The date on the bale tag must accurately reflect the year in which the bale was produced.

iii. NAISMA Twine only if the field or commodity is certified as NAISMA Noxious Weed Free.

iv. Forage cube/pellet tag/labels only if the field or commodity is certified as NAISMA Noxious Weed Free.

v. Certified compressed forage/straw bale binding material only if the field or commodity is certified as NAISMA Noxious Weed Free.

c. Certificates of inspection, transit certificates and bale tags shall be on forms prescribed by the Department or its agent.

d. NAISMA Twine and bale tags must be purchased from the Department or its agent.

08.Copy of Inspections and a List of Approved Inspectors. Upon request, the agent shall provide the Department with a copy of certificates of inspections issued and a current list of approved inspectors.

09.Reciprocity. Forage or straw certified under a reciprocal agreement between the Department and another state, and certified as NAISMA Noxious Weed Free according to the other state's approved certification standards, may be shipped into the state of Idaho and will be considered to meet the requirements of the Idaho program.

10.Exports. Certification under Subchapter C does not qualify a commodity for export from the United States. Applications for certification for export should be made directly to the Division of Plant Industries within the Department.

11.Voluntary Posting. After certification, a producer may post signs, or other forms of notification, on the certified commodity indicating that the commodity is certified as noxious weed free.

12.Post-Certification and Distribution Requirements. After a producer's commodity has been inspected and certified, the producer shall:

a. Take reasonable and prudent steps to protect the certified commodity from contamination;

b. Keep the certified commodity separated from all uncertified commodity;

c. Attach bale tags, certified compressed forage/straw bale binding material, or NAISMA Twine to each bale of certified forage or straw intended for sale as noxious weed free forage or straw prior to the bales leaving the producers stack yard or storage area; and

d. Attach cube/pellet tag/label to each container of certified forage cubes/pellets intended for sale as noxious weed free forage prior to the containers leaving the producer's facility.

e. Provide the shipper, trucker, or transporter with the appropriate number of transit certificates.

13.Cancellation for Failure to Comply. Any person who provides false information on an application for inspection or who fails to comply with the post-certification and distribution requirements may, upon order of the Director, be suspended for a period of up to two (2) years from participating in the forage and straw certification program.

14.Enforcement and Cancellation. Harvested lots of forage or straw from certified fields may be checked at any time by an approved inspector. Manufactured lots of forage cubes, pellets, and compressed forage/straw bales may be checked at any time by an approved inspector. Evidence that forage, straw, forage cubes/pellets, or compressed forage/straw bales are not from a certified field or that any lot has not been protected from contamination shall be cause for cancellation of certification.

15.Misuse of Transit Certificate and Certification Markings. Using a transit certificate or certification marking for forage/straw from a field that has not been certified constitutes a violation of Subchapter C.

16.Certification Fees.

a. A minimum of forty dollars ($40) per field per inspection will be charged for up to ten (10) acres.

b. Three dollars and fifty cents ($3.50) per acre from eleven (11) acres to fifty (50) acres.

c. Three dollars ($3.00) per acre from fifty-one (51) acres to one hundred (100) acres.

d. Two dollars ($2.00) per acre from one hundred one (101) acres.

e. The agent is authorized to assess a general fee of forty dollars ($40) per year to recover overhead costs.

Idaho Admin. Code r. 02.06.09.320

Effective March 15, 2022