8 CCR 1203-14 - RULES PERTAINING TO THE PEST CONTROL ACT INSPECTIONS AND FEDERAL AGREEMENTS

STATEMENT OF BASIS AND PURPOSE

The rules are adopted pursuant to the Pest Control Act, §§ 35-4-111, 113 and 116, C.R.S. (1995) and HB 96-1018.

The purposes of these rules are to define the inspection requirements pertaining to certificates of inspection issued pursuant to § 35-4-111, to conduct inspections and monitor compliance with the federal/state agreement concerning post-entry quarantine as set forth in § 35-4-113 and to recover the actual costs of the State pursuant to that agreement.

Factual issues encountered when developing these rules include:

A post-entry quarantine is required by the Federal "Plant Quarantine Act of 1912,"7 USC 154, as amended, and the rules and regulations thereto, 7 CFR 319.37, promulgated by the U. S. Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine ("APHIS"). APHIS has developed a Postentry Quarantine Agreement (PPQ Form 546) to be executed by the importer of plant products. The Colorado Department of Agriculture ("Department") and APHIS will enter into a Memorandum of Understanding, outlining the roles and responsibilities of the Department in inspecting and monitoring compliance with the post-entry quarantine.