312 IAC 18-3-16 - Control of kudzu (Pueraria lobata)

Authority: IC 14-10-2-4; IC 14-24-3

Affected: IC 14-24

Sec. 16.

(a) Kudzu (Pueraria lobata) is a pest or pathogen. This section governs the standards for the control of kudzu in Indiana.

(b) A person must not:

(1) sell;

(2) distribute;

(3) offer for sale or distribution;

(4) give away;

(5) barter or exchange; or

(6) plant;

any life stage or reproductive material or recombined genes of kudzu.

(c) The division may enter a property in which kudzu is thought to exist, or in which kudzu has been detected or reported, for the purpose of verifying its presence and the extent to which it has become established.

(d) Data regarding the location, area infested, habitat, and related data about the site may be recorded in a division database.

(e) A site in which kudzu is found to be established may be monitored.

(f) Any property owner who is known to have kudzu on the owner's property must take efforts to eliminate this species in such a manner as is consistent with federal and state law.

(g) This section shall be construed so as not to conflict with the authority of the Indiana state seed commissioner or with the laws administered by that office in regulating noxious weeds.

(h) The division may regulate a site under section 2 of this rule until it is cleared to prevent further infestations.

(i) This section does not preclude the division director from issuing any permit under this rule for the study of kudzu.

Notes

312 IAC 18-3-16

Natural Resources Commission; 312 IAC 18-3-16; filed Apr 1, 2004, 3:00 p.m.: 27 IR 2471; readopted filed Sep 19, 2008, 10:23 a.m.: 20081008-IR-312080076RFA; Readopted filed 7/17/2014, 3:48 p.m.: 20140813-IR-312140105RFA Readopted filed 9/18/2019, 1:18 p.m.: 20191016-IR-312190373RFA