1. (a) The commissioner and department employees, while acting in the performance of their duties, shall be exempt from the restrictions of this chapter relative to:

   1. (1) Collection;
   2. (2) Distribution;
   3. (3) Transportation; or
   4. (4) Propagation.

2. (b) Persons who have been granted an approved written variance from the department in accordance with Agr 3802.03 shall be exempt from the provisions of this chapter for one or more of the following activities:

   1. (1) Collection;
   2. (2) Transportation;
   3. (3) Cultivation;
   4. (4) Transplantation; or
   5. (5) Propagation.

3. (c) Persons who utilize only nonliving and nonviable prohibited invasive species shall be exempt from the restrictions on collection, transportation, sale, and distribution for the following purposes:

   1. (1) Outreach;
   2. (2) Arts and crafts;
   3. (3) Lumber;
   4. (4) Firewood; or
   5. (5) Processed products.

4. (d) Persons shall be exempt from collecting and transporting living and viable prohibited invasive species for purposes of:

   1. (1) Maintaining a publicly-accessible herbarium, mycology or entomology collection;
   2. (2) Disposal;
   3. (3) Identification; or
   4. (4) Interstate transport.
5. (e) Persons exempt as specified in (a), (b) and (d) shall ensure that viable living parts, seeds or propagules do not escape.

Source. #8070, eff 6-1-04; ss by #9228, eff 8-6-08; ss by #12084, eff 1-9-17