Section R68-9-4 - Designations, Publications, and Prescribed Treatment for Articles Capable of Disseminating Noxious Weeds(1) Any person using articles in a manner that puts the articles at risk of contamination with noxious and invasive 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.(2) The department designates and publishes the following articles as capable of disseminating noxious and invasive weeds. (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 they deliver each load 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 they find 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 may 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 may not sell, barter, or give away any noxious weed plants or seeds for any purpose.Amended by Utah State Bulletin Number 2016-5, effective 2/2/2016Amended by Utah State Bulletin Number 2022-13, effective 6/21/2022Amended by Utah State Bulletin Number 2023-22, effective 10/30/2023Amended by Utah State Bulletin Number 2024-14, effective 6/28/2024