House File 801 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON AGRICULTURE

                                       (SUCCESSOR TO HSB 236)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the duties and powers of the state
  2    entomologist, and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1988HV 82
  5 da/es/88

PAG LIN



  1  1    Section 1.  Section 177A.9, unnumbered paragraph 1, Code
  1  2 2007, is amended to read as follows:
  1  3    1.  It shall be unlawful for any person to sell, give away,
  1  4 carry, ship, or deliver for carriage or shipment, within this
  1  5 state, any plants or plant products listed in the rules unless
  1  6 such plants or plant products have been officially inspected
  1  7 and a certificate is issued by an inspector of the state
  1  8 entomologist's office stating that such plants or plant
  1  9 products have to the person as provided in this section.
  1 10    2.  The state entomologist may provide for the inspection
  1 11 and certification of a plant or plant product which is listed
  1 12 in the rules for any use, including a plant or plant product
  1 13 for sale, offer for sale, or distribution within this state or
  1 14 outside this state.
  1 15    a.  The state entomologist may enter into and oversee
  1 16 agreements, including compliance agreements and memorandums of
  1 17 understanding, with other persons to provide for the
  1 18 certification of a plant or plant product for purposes
  1 19 relating to facilitating trade and determining the infestation
  1 20 status of a plant or plant product.
  1 21    b.  A certification shall provide that the plant or plant
  1 22 product has been inspected and found to be apparently free
  1 23 from dangerously injurious insect pests and diseases, and
  1 24 giving any.  The certification may include other facts as
  1 25 provided for in the department's rules.
  1 26    3.  For the issuance of such certificate, the state
  1 27 entomologist may require the payment of a reasonable fee to
  1 28 cover the expense of such inspection and certification.
  1 29 Provided, that if such plants If a plant or plant products
  1 30 were product was brought into this state in compliance with
  1 31 section 177A.8, the certificate required by that section may
  1 32 be accepted in lieu of the inspection and certificate required
  1 33 by this section, in such cases as shall as may be provided for
  1 34 in the department's rules.
  1 35    4.  If it shall be found at any time that a certificate of
  2  1 inspection, issued or accepted under the provisions of this
  2  2 section, is being used in connection with plants and a plant
  2  3 products or plant product which are is infested or infected
  2  4 with a dangerously injurious insect pests pest or diseases
  2  5 disease or is used in connection with an uninspected plants,
  2  6 its plant or plant product, the state entomologist may
  2  7 prohibit its further use may be prohibited, subject to such
  2  8 the inspection and disposition of the plants and plant or
  2  9 plant products involved product as may be provided for by the
  2 10 state entomologist.
  2 11    5.  All moneys collected under the provisions of this
  2 12 chapter shall be turned over to the secretary who shall
  2 13 deposit them deposited in the state treasury.
  2 14    Sec. 2.  EMERALD ASH BORER == LIST OF INSECT PESTS.  The
  2 15 state entomologist shall amend 21 IAC 46.15, and any other
  2 16 related rules as necessary, to add emerald ash borer (agrilus
  2 17 planipennis) to the list of insect pests which the state
  2 18 entomologist finds should be prevented from being introduced
  2 19 into or disseminated within this state, in order to safeguard
  2 20 the plants and plant products likely to become infested or
  2 21 infected with such insect pests.
  2 22    Sec. 3.  EMERALD ASH BORER == REDUCTION OF RISKS OF
  2 23 INFESTATION.  The state entomologist, in cooperation with the
  2 24 department of natural resources, shall adopt rules to reduce
  2 25 the risk of infestation by the emerald ash borer (agrilus
  2 26 planipennis) present in firewood from ash trees.
  2 27 HF 801
  2 28 da:nh/jg/25