1. (1)(a) The state agricultural official from the state of origin shall complete and sign compliance agreements annually that the department may approve.

   1. (b) The department may revoke a compliance agreement at any time for violation or potential violation of this rule.
2. (2) The exporting state may conduct origin certification surveys, including the use of alternative protocols approved by the department.
3. (3) The department may, at its discretion, approve specific protocols from the U.S. Domestic Japanese Beetle Harmonization Plan.
4. (4) The department may review the states listed in Table 1 to identify counties that are potentially non-infested areas.

5. (5) The department may allow shipments of regulated articles from non-infested counties if:

   1. (a) the annual surveys in the specific and adjacent counties have results that show they are negative for Japanese beetle;
   2. (b) plants are grown in a greenhouse, or contained in media that is sterilized and free of soil; and
   3. (c) the shipping nursery grows its stock from seed, unrooted cuttings, or bare root material.
6. (6) The department shall maintain a list of approved counties that may ship to Utah.

7. (7) To recommend a non-infested county to be placed on the approved county list, agricultural officials from a quarantined state or province may submit a written request to the department that includes:

   1. (a) specific areas surveyed within the county;
   2. (b) survey procedures and techniques used;
   3. (c) number of traps utilized;
   4. (d) survey results and findings;
   5. (e) historical survey data for the county; and
   6. (f) if a county was previously infested, the date of the last confirmed infestation.

8. (8)(a) The department may not approve of a county if infestations occur in neighboring counties.

   1. (b) The department may re-evaluate the approval status of each county on an annual basis.
   2. (c) The department will permit entry of regulated article shipments from non infested counties into Utah if the non infested county has been placed on the approved list before the arrival of the shipment in Utah.
9. (9) The origin certificate shall have the following declaration:" The plants in this consignment were produced in the county of ________, name of origin state________ that is known to be free of Japanese beetles."
10. (10) The department may allow privately owned house plants obviously grown or certified at the origin state and not intended to sell, as having been grown indoors without exposure to Japanese beetle into Utah without meeting the requirements of Section R68-15-5.
11. (11) An individual may request a copy of these requirements as listed in this rule via email: UDAF-Nursery@utah.gov.

KEY: quarantine, Japanese beetle, articles and commodities, phytosanitary, certification

Date of Last Change: March 27, 2025

Notice of Continuation: June 3, 2022

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