1. (1) The Emerald Ash Borer, Agilus planipennis, in any stage of development, is not exempt from this rule under any circumstances.
2. (2) Upon written request, the Commissioner may exempt a regulated article from an individual state, county, or province.

3. (3) An applicant for an exemption shall submit a written request to the department that shall:

   1. (a) certify that Emerald Ash Borer is not known to be present in their jurisdiction;
   2. (b) provide documents outlining their Emerald Ash Borer monitoring program;

   3. (c) agree to provide their Emerald Ash Borer trapping data to the department, including:

      1. (i) how the trapping survey was carried out;
      2. (ii) the number and location of traps;
      3. (iii) results of the trapping survey; and
      4. (iv) history of the Emerald Ash Borer trapping survey;
   4. (d) certify that they will notify the department of any Emerald Ash Borer detections within their jurisdiction within 48 hours; and
   5. (e) 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. (4) The department shall:

   1. (a) maintain a current and publicly available list of exempt states, counties, and provinces;
   2. (b) respond in writing within ten business days of the request for exemption; and
   3. (c) issue an exemption that is valid for a 12-month period.
5. (5) The department may at any time revoke an exemption due to a change in the risk assessment and shall notify the jurisdiction, in writing, identifying the reason for the revocation.

KEY: plant diseases, Emerald Ash Borer, Agrilus planipennis, Ash, Fraxinus, quarantine, regulated article, plant industry

Date of Last Change: April 6, 2026

Notice of Continuation: March 16, 2026

Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109