reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-11 - Pesticide(s) Subject to Other Restrictions as Provided by the Board of Certification

Current through July 13, 2024
(a) When it is
				determined that standards for the certification of private applicators, or
				commercial applicators must be more stringent than the standards in Section
				5 or
				Section
				9
				and additional special identification is necessary for an individual using a
				highly toxic pesticide or applying a pesticide which has been demonstrated to
				be particularly hazardous to the environment, the standards for the applicator
				shall include, in addition to their category standards, an especially high
				degree of knowledge concerning the compound's action, its limitations and the
				areas in which it is to be applied.
(b) When it is determined by the Board of
				Certification that unreasonable adverse effects on the environment may
				reasonably occur, and following a hearing pursuant to the Wyoming
				Administrative Procedures Act, the Board may restrict the time, place, manner,
				materials, amounts and concentrations used in connection with the application
				of a pesticide, or may prohibit use of pesticides in designated areas during
				specified periods of time. The restrictions and/or prohibitions shall encompass
				all reasonable factors which the Board deems necessary.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-12 - Use of Pesticides Under Special Registration for Production of Minor Crops Grown for Seed

Current through July 13, 2024
(a) This section
				applies to pesticide products registered under Section 18 and/or Section 24(c)
				of FIFRA, and used in the production of minor crops grown for seed as defined
				in Section
				2,
				paragraph (w) of these regulations.
(b) The use of these pesticide products is
				not permitted on fields producing feed for livestock and no portion of the
				treated field, including but not limited to, seed, seed screenings, hay forage
				or stubble, may be used for human food or animal feed.
(c) The current year's treated seed crop
				shall not be used or distributed for animal feed purposes, including but not
				limited to, hay, green chop, pellets, meal, whole seed, cracked seed, seed
				screenings, roots, bulbs, leaves, chaff or stubble; nor can grazing take place
				on the current year's treated seed crops.
(d) Screenings or other crop by-products
				shall not enter feed channels by distribution and/or direct use. All seed
				screenings and/or crop by-products that were treated with a pesticide
				registered for minor crop seed production mus t be immediately removed from the
				feed market, and disposed of in such a manner that they cannot be distributed
				or used for feed or food purposes. The seed conditioner shall keep records of
				all minor crop seed screenings and their disposal (site, method, amount and
				type of material, date of shipment) and shall furnish these records to the
				department upon request.
(e)
				Treated minor crop seed shall not be used or distributed for human
				food.
(f) All crop seed treated
				with any pesticide registered for use in minor crop seed production only, shall
				be tagged at the processing plant and such tag shall state NOT FOR HUMAN
				CONSUMPTION AND/OR ANIMAL FEED. It shall be the grower's responsibility to
				notify the processing plant(s) of any seed crop(s) treated with pesticide(s)
				registered for use in minor crop seed production only.
(g) All usage, in addition to the
				requirements of this rule, shall be in compliance with the label of the
				pesticide registered for use in seed production only.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-13 - Licensed Pesticide Dealer

Current through July 13, 2024
(a) Any person who
				makes available for use a restricted-use pesticide as defined in W.S.
				34-7-354(e) to certified or non-certified persons shall register, for the
				purpose of licensing, the principal business name and address by which the
				dealer operates and the business name and address of each branch dealership
				with the Wyoming Department of Agriculture on an annual basis.
(b) Persons requiring a pesticide dealers
				license shall submit with the license application, a $25.00 fee for each dealer
				establishment, payable to the Wyoming Department of Agriculture. No
				establishment shall be required to pay more than $100.00 in WDA license fees.
				(Reference W.S. W.S.
				W.S.
				11-1-104(a) ).
(c) Pesticide dealer license(s) will be
				issued by the department to the applicant for each establishment. Licenses to
				be renewed by April 1 of each year.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-14 - Reports and Records

Current through July 13, 2024
(a) Licensed
				pesticide dealers shall maintain and retain accurate and legible records of all
				sales of restricted use pesticides for a period of two (2) years.
(b) Dealers shall maintain office records of
				all sales of restricted-use pesticides to certified applicators at each
				dealership. Records shall include:
(i) Date
				of sale
(ii) Name and address of
				purchaser
(iii) Applicator license
				number
(iv) Category(s) of
				certification
(v) License
				expiration date
(vi) Type of
				pesticide, brand name and EPA registration number
(vii)Total amount of product
				purchased
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-15 - Required Practices for Commercial Applicators and Private Applicators

Current through July 13, 2024
(a) Certified commercial applicators and
				private applicators shall notify the department of any change of business
				address within seven (7) days.
(b)
				Certified commercial applicators making a commercial application, shall prior
				to application, inform the customer of the following items:
(i) Pesticide(s) applied
(ii) Possible residue hazards
(iii) Any restricted entry periods
(iv) Any waiting periods prior to
				harvest
(v) Application date(s) and
				time(s)
(vi) Post-application label
				safety precautions
(vii) Other
				applicable label requirements (e.g. posting, Worker Protection
				Standards)
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-16 - Storage and Disposal of Pesticides and Pesticide Containers

Current through July 13, 2024
(a) All certified pesticide applicators shall
				store all pesticide concentrates and dilute mixtures using methods which are
				reasonably calculated to prevent the contamination of other products by means
				of volatilization, leakage, breakage or other causes, and which are reasonably
				calculated to avoid the creation of an unreasonable risk of harm to persons,
				property, domestic/wild animals, or the environment.
(b) Pesticide storage areas shall be kept
				clean and orderly, and pesticide containers shall be positioned so that they
				are not exposed to unreasonable risk of damage to the containers or their
				labels.
(c) Pesticides and
				pesticide containers shall be covered or otherwise protected from the elements,
				in a manner which is reasonably calculated to minimize the risk of damage to
				labels, and to avoid the creation of an unreasonable risk of harm to persons,
				property or domestic/wild animals.
(d) Until such time as the department
				promulgates specific rules and regulations governing the storage and disposal
				of pesticides and pesticide containers, the RECOMMENDED procedures detailed in
				40 CFR, part 165 promulgated by the Administrator, U.S. EPA, shall be the
				recommended procedures for Wyoming. The department shall make copies of these
				procedures available to any person needing guidance for proper storage and
				disposal of pesticides and pesticide containers.
(e) All 1080 Livestock Protection Collars and
				M-44 Sodium Cyanide capsules shall be stored and transported in the original
				metal container, or comparable unit, and shall be locked at all times, except
				when collars or capsules are actually being removed or replaced. In addition,
				when in transit, the metal storage container(s) shall be placed inside a
				leak-proof, impact-resistant container which shall also be locked and secured.
				All containers shall be placarded with appropriate warning labels, indicating
				the presence of toxic chemicals within.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-17 - Penalties

Current through July 13, 2024
Any person who violates any provision of these Applicator
				  Certification Rules and Regulations shall, in addition to those administrative
				  sanctions provided for below, remain subject to those criminal sanctions
				  provided for by
				  W.S.
				  35-7-366, 1977, as amended (or any other
				  appropriate Wyoming statutes). Any violation of these rules and regulations may
				  be deemed as sufficient cause and may result in the denial, revocation or
				  suspension of any license, or permit issued pursuant to this act, after a
				  hearing as prescribed in the Wyoming Administrative Procedures
				  Act.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-1 - Authority

Current through July 13, 2024
This Rule is promulgated pursuant to
				  W.S.
				  11-5-119 of the Wyoming Weed and Pest Control
				  Act (W.S. W.S. 11-5-101 through
				  11-5-119 ), hereinafter called the
				  Act.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-2 - Definitions

Current through July 13, 2024
As used in this rule the following definitions shall
				  apply:
(a) "District-wide" means the
				area contained within the boundaries of a weed and pest control district,
				including but not limited to all federal, state, county, private and
				municipally owned lands.
(b)
				"Individual Quarantine" shall mean an area owned or controlled by a single
				landowner within one weed and pest control district which has been
				quarantined.
(c) "Section of the
				State" means any portion of one or more weed and pest control district(s)
				larger than an area owned or controlled by one landowner in one weed and pest
				district.
(d) "State-wide" means
				the area contained within the boundaries of the State of Wyoming.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-3 - Amendments to Designated List

Current through July 13, 2024
The procedures for amending the Designated List are as
				  follows:
(a) A person may propose an
				amendment for addition to or removal from the Designated List, which shall be
				presented in writing to a District Board;
(b) The District Board shall approve or
				disapprove the proposed amendment by motion at its next regular meeting and, if
				approved, a complete file shall be presented to the Wyoming Weed and Pest
				Council, including the following:
(i) A
				resolution prepared and signed by the District Board chairman;
(ii) Minutes from the meeting where the
				motion was approved by the District Board;
(iii) Species profile for the proposed weed
				or pest including scientific names and common names;
(iv) Known distribution within the State of
				Wyoming; and,
(v) Documented
				impacts which requires listing as a designated weed or designated
				pest.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-4 - Emergency Amendments to Designated List

Current through July 13, 2024
The procedures for making an emergency amendment to the
				  Designated List are as follows:
(a) A
				person may propose an amendment for addition to the Designated List, which
				shall be presented in writing to a District Board;
(b) The District Board shall approve or
				disapprove the proposed amendment by motion at a special or regular meeting
				and, if approved, a complete file shall be presented to the Director, including
				the following:
(i) A letter requesting an
				Emergency Designation of the weed or pest;
(ii) A resolution prepared and signed by the
				District Board chairman;
(iii)
				Minutes from the meeting where the motion was approved by the District
				Board;
(iv) Species profile of the
				proposed weed or pest including scientific names and common names;
(v) Distribution of the proposed weed or pest
				within the State of Wyoming;
(vi)
				Reasons for the emergency including how the species is having an impact
				statewide, or on sections of state encumbering more than one district which
				requires listing; and,
(vii)
				Proposed control activities.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-5 - Declared Weeds and Pests

Current through July 13, 2024
(a) If a District
				Board desires to participate in Declared Pest and Declared Weed programs for
				the control of weeds and pests not included in the designated list as provided
				in W.S.
				11-5-105(b)(vi), the
				procedure for having a weed or pest declared is as follows:
(i) A person may propose an amendment for
				addition or removal from a District Boards Declared weed and pest program,
				which shall be presented to the District Board with jurisdiction over the
				boundaries presented in the proposal;
(ii) The District Board shall hold a public
				hearing to receive comments on the proposed amendment; and
(iii) Following the hearing the District
				Board shall approve or disapprove the proposed amendment by motion at the next
				scheduled meeting.
(iv) If the
				District Board approves an amendment for the removal of a declared weed or a
				declared pest, then the District Board shall notify the Wyoming Weed and Pest
				Council and the Board of its action and the amendment shall take effect
				immediately.
(v) If the approved
				amendment is for the addition of a declared weed or a declared pest, then:
(A) The District Board chairman shall prepare
				and sign a resolution and present it to the Wyoming Weed and Pest
				Council;
(B) The Wyoming Weed and
				Pest Council shall approve or disapprove the District Board's resolution at its
				next regular meeting and, if approved, the President shall sign the resolution
				and present it to the Board;
(C)
				The Board shall approve or disapprove the proposed amendment by motion at its
				next regular meeting. If the proposed amendment is approved, the President of
				the Board shall sign the resolution. The Board shall advise the Wyoming Weed
				and Pest Council of its action.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-6 - Emergency Amendments to a Declared List

Current through July 13, 2024
The procedures for a district-wide emergency declaration of
				  a weed or pest are as follows:
(a) A
				person may propose an amendment for addition of a weed or pest, which shall be
				presented in writing to the District Board;
(b) The District Board shall approve or
				disapprove the proposed amendment by motion at a special or regular meeting
				and, if approved, the District Board's chairman shall provide the following
				information to the Director:
(i) A letter of
				request for an Emergency Declaration of the weed or pest;
(ii) A resolution prepared and signed by the
				District Board chairman;
(iii)
				Minutes from the meeting where the motion was approved by the District
				Board;
(iv) Species profile of the
				proposed weed or pest include scientific names and common names;
(v) Distribution of the proposed weed or pest
				within the District boundaries;
(vi) Reasons for the emergency; and
(vii) Proposed control activities.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-7 - Request for Quarantine, General Requirements

Current through July 13, 2024
Each request for a quarantine shall be accompanied by a
				  sworn affidavit, which contains the following information:
(a) The area to be quarantined, if
				applicable;
(b) Infested object,
				item or farm products, to be quarantined;
(c) A statement that the person requesting
				the quarantine has found the lands, object, item, or farm products to be
				infested by insects, pests, weed seed, poisonous or injurious plants, or plant
				diseases, and that the requesting person has a reasonable belief that the
				infested object, item, or farm products from those land, are liable to spread
				the weed or pest to the injury and detriment of the state;
(d) The inspection and release procedures for
				the area or portion of the area, object, item or farm products; and
(e) The termination date of the quarantine,
				if such date is anticipated.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-8 - State - wide Quarantine Against Importation of Farm Products

Current through July 13, 2024
(a) If a person residing within a District
				ascertains that insects, pests, weed seed, poisonous or injurious plants or
				plant diseases are likely to be introduced into Wyoming by the importation of
				the infected objects, items, farm products, or domestic animals and spread to
				the injury of others, that person may file a request for quarantine with the
				District Board, by providing such information as may be required by the
				District Board.
(b) The District
				Board shall approve or disapprove the request within forty-eight (48) hours
				after the request has been properly filed and, if approved, the Director must
				be provided with a copy of the request and all pertinent information, including
				the affidavit required by Section
				7 of
				this Chapter and the District Board's minutes indicating the request for
				quarantine has been approved.
(c)
				Upon initial review of the person's request and the District Board's approval,
				the Director, if he ascertains that insects, pests, weed seeds, poisonous or
				injurious plants, or plant disease are likely to be introduced into Wyoming by
				the importation of farm products, domestic animals, or other objects, shall
				without unnecessary delay declare a State-wide quarantine for twenty (20)
				days.
(d) The Director shall hold a
				hearing within twenty (20) days of declaring the twenty (20) day quarantine to
				determine if a State-wide quarantine should continue.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-9 - Quarantine of a Section of the State to Prevent Transfer of Farm Products to Other Sections of the State

Current through July 13, 2024
(a) If two (2) or
				more districts desire a Section of the State to be quarantined, they shall
				provide the Director with the affidavit referred to in Section
				7 of
				this Chapter, and the District Board's minutes. These documents and a written
				request from the District Boards involved shall be provided to the Director
				with one letter of transmittal signed by the chairman of each District Board.
				The combined District Boards may request the Director to declare a Section of
				State quarantine for thirty (30) days and the Director shall do so without
				unnecessary delay.
(b) The District
				Boards involved shall hold a joint hearing not less than ten (10) days after
				notice of the hearing to continue the quarantine is published in a newspaper of
				general circulation within their Districts. At such hearing the District Boards
				shall determine if the Director should continue the quarantine. If the District
				Boards determine the Director should continue the quarantine, they shall
				provide the Director with the original quarantine request, the individual
				District Board requests, the consolidated request, copies of the findings,
				conclusions and the final requests of the District Boards and copies of the
				hearing transcripts. Upon receipt of these items, the Director shall continue
				the quarantine.
(c) In the event
				the District Boards do not concur, those districts which do concur shall
				transmit all documents to the Director by letter signed by all the concurring
				District Board chairmen. Upon receipt of such letter and documents, the
				Director shall convene a hearing in not less than ten (10) days of notice of
				the hearing to determine if the quarantine shall be continued.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-10 - District - wide Quarantines to Prevent Movement of Farm Products to Other Sections of the State

Current through July 13, 2024
(a) Districts
				seeking a quarantine under
				W.S.
				11-5-116(b)(i) shall follow
				the directions in that subsection.
(b) District-wide quarantines shall be
				declared by the Director when the requesting District Board provides the
				Director with the affidavit referred to in Section
				7 of
				this Chapter, the initial request, and proof of compliance with W.S. W.S.
				W.S.
				11-5-116(b)(i),(ii) or
				(iii).
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-11 - Individual Quarantines to Prevent Movement of Farm Products to Other Sections of a District or the State

Current through July 13, 2024
(a) The District
				Board shall notify the landowner in writing of its intent to request that the
				Director quarantine the land or portion thereof. The notice shall describe the
				lands to be quarantined and shall contain a notice of time and place for a
				hearing before the District Board. Such hearing, unless waived in writing,
				shall be held not less than ten (10) days nor more than twenty (20) days from
				the date of such notice. At the hearing the District Board shall determine by
				resolution adopted by a two-thirds (2/3) majority if a quarantine should be
				declared on such lands by the Director.
(b) If a District Board determines a
				quarantine should be declared by the Director, the District Board shall forward
				the request for quarantine, the affidavit required by Section
				7 a
				certified copy of the District Board's resolution adopted by a two-thirds (2/3)
				majority of the board, and a copy of the hearing transcript to the Director who
				shall declare a quarantine.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-12 - District - wide Quarantine of Movement of Infes ted Farm Products and Equipment into a District

Current through July 13, 2024
(a) District-wide
				quarantines shall be declared by the Director when the requesting District
				Board provides the Director with the affidavit referred to in Section
				7 of
				this Chapter and the initial request
(b) If farm products and equipment are not
				certified as free from insects, pests, weed seeds, poisonous or injurious
				plants, or plant disease or are not certified free from infested farm products
				that may be injurious and detrimental to the state, and no exceptions under
				W.S.
				11-5-116(d)(i) -(iii) apply,
				then a District Board, its agent, or law enforcement may detain and inspect the
				vehicle and cargo carrying the farm products and equipment for visible insects,
				pests, weed seeds, poisonous or injurious plants, or plant disease.
(c) After inspection by the District Board,
				its agent, or law enforcement and the finding of infested farm products or
				equipment, the person making the finding shall:
(i) Inform the person in charge of the
				vehicle and/or the owner of the farm products or equipment of his
				findings;
(ii) Instruct the person
				in charge of the vehicle that the following remedial options are available:
(A) Return the cargo or equipment to its
				point of origin;
(B) Return the
				cargo or equipment to its point of origin or other designated site and clean
				the cargo or equipment to the point that no infestation is present;
(C) Take the cargo to a processing plant to
				have the infestation rendered harmless and/or cleaned to the point that no
				infested farm products are present;
(D) Change the destination of the cargo or
				equipment to a place where the infested farm products or equipment will not be
				detrimental; or
(E) Destroy the
				infested farm products in a manner that destroys the infesting agent;
				and
(iii) Inform the
				person in charge of the vehicle and/or owner of the infested farm products or
				equipment of the right to appear at a hearing before the District Board if the
				person disagrees with the proposed remedies presented or the identity of the
				infestation. The person may appear at the hearing in person or through counsel.
				A person may waive the right to a hearing in writing.
(A) In the event the person in charge of the
				vehicle does not comply with options as specified in this Section and requests
				a hearing before the District Board, the hearing shall be held to disagree with
				the remedies or the identification of the infestation.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-13 - Quarantine of Individual Shipments of Infested Farm Products and Farm Equipment Into a District

Current through July 13, 2024
(a) If a District
				does not have a District-wide quarantine against the movement of infested farm
				products or equipment into a District under
				W.S.
				11-5-116(d), but has a
				reasonable belief that infested farm products or equipment are entering the
				District that may be injurious and detrimental to the state, the District
				Board, its agent, or law enforcement may detain the vehicle containing such
				products and equipment and inspect the vehicle and cargo using the procedures
				outlined in Section
				12
				of this Chapter.
(b) If the cargo
				is found to contain infested farm products or equipment the procedures in
				Section
				12(c) of this Chapter
				shall be followed.
(c) In addition
				to a hearing for the reasons stated in Section
				12(c) of this Chapter, a
				hearing may also be held to determine if the infestation will be injurious and
				detrimental to the State.
(i) In the event
				the person in charge of the vehicle does not comply with the options as
				specified in Section
				12(c) of this Chapter and
				waives his right to a hearing before the District Board, the waiver, the
				affidavit referred to in Section
				7(b)
				(e) of this Chapter, and the request for a
				quarantine shall be forwarded to the Director who upon receipt thereof, shall
				declare a quarantine and request the person in charge to follow the remedial
				options.
(ii) In the event the
				person in charge of the vehicle does not comply with the options as specified
				in Section
				12(c) of this Chapter and
				a hearing is held and the District Board determines a quarantine should be
				declared, the District Board shall adopt a resolution to that effect. The
				resolution shall be forwarded along with the affidavit referred to in Section
				7 of
				this Chapter and the request for quarantine to the Director who upon receipt
				thereof shall declare the quarantine.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-14 - Quarantine Termination Date

Current through July 13, 2024
All quarantines, which do not contain a termination date,
				  shall remain in effect until terminated by the same procedure under which the
				  quarantine was initiated.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 42 - WYOMING WEED AND PEST CONTROL ACT 1973 › Section 42-15 - Hearings

Current through July 13, 2024
(a) All hearings shall be held in compliance
				with the Wyoming Administrative Procedure Act.
(b) Under Section
				12
				and
				13
				of this Chapter, hearings before the District Board to disagree with remedial
				options, the identity of the weed or pest, or the injurious and detrimental
				determination must be requested within twenty-four (24) hours of notification
				of the findings.
(c) Under Section
				12
				and
				13
				of this Chapter, hearings before the District Board to disagree with their
				remedial options, the identity of the insects, pests, weed seeds, poisonous or
				injurious plants, or plant disease, or the injurious and detrimental
				determination, must be held within twenty-four (24) hours of receipt of the
				request for a hearing.
(d) All
				other hearings before a District Board can be requested at any time unless
				specified in the Rule and be held within the time frame allowed in accordance
				with the District Board's hearing rules and at the District Boards
				discretion.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 44 - CERTIFICATION RULES AND REGULATIONS FOR WEED AND PEST SUPERVISORS › Section 44-1 - Authority

Current through July 13, 2024
This Rule is promulgated pursuant to
				  W.S.
				  11-5-106 of the Wyoming Weed and Pest Control
				  Act (W.S. W.S. 11-5-101 through
				  11-5-119 ), hereinafter called the
				  Act.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 44 - CERTIFICATION RULES AND REGULATIONS FOR WEED AND PEST SUPERVISORS › Section 44-2 - Qualifications

Current through July 13, 2024
Agricultural background with:
(a) Weed and Pest District Supervisors must
				have a four (4) year college degree, preferably with a major in agriculture
				and/or related field, and have satisfactorily completed courses in Entomology
				and Weed Science or their equivalent, from an accredited college or university,
				or
(b) High school diploma or its
				equivalent and have(2) years practical experience working in job-related fields
				of weed and pest operations, who shall have satisfactorily completed courses in
				Entomology and Weed Science or their equivalent, from an accredited college or
				university.
(c) If the
				qualifications specified in Section
				2 a
				or b have been achieved, the person shall be deemed a certified supervisor
				under the Wyoming Weed and Pest Control Act. The certified supervisor will not
				be subject to additional testing and examinations under the act.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 44 - CERTIFICATION RULES AND REGULATIONS FOR WEED AND PEST SUPERVISORS › Section 44-3 - Continuing Education

Current through July 13, 2024
Each supervisor is required to attend at least one workshop
				  and/or training course, as approved by the Board of Certification
				  (W.S.
				  11-5-106 ), every two years to maintain his
				  or her status as a supervisor.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 44 - CERTIFICATION RULES AND REGULATIONS FOR WEED AND PEST SUPERVISORS › Section 44-4 - Supervisors

Current through July 13, 2024
Supervisors are required to attend at least one workshop
				  and/or training course every two years to maintain their
				  status.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 50 - REGULATIONS PERTAINING TO LEAF-CUTTER BEES › Section 50-1 - Authority

Current through July 13, 2024
Pursuant to the authority vested in the Department of
				  Agriculture by WYO. STAT. §
									
										11-7-402, the following regulations
				  pertaining to the leaf-cutter bees are hereby promulgated and
				  adopted.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 50 - REGULATIONS PERTAINING TO LEAF-CUTTER BEES › Section 50-2 - Definitions

Current through July 13, 2024
(a) "Area" means the farm or property owned
				by or leased to the owner of the alfalfa leaf-cutter bees or a seed grower who
				contracts for bees to pollinate alfalfa.
(b) Department" means the Wyoming Department
				of Agriculture.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 50 - REGULATIONS PERTAINING TO LEAF-CUTTER BEES › Section 50-3 - Standards for Certification

Current through July 13, 2024
(% to be determined by lab analysis.)
(a) Unconditional Alfalfa Leaf-cutter Bee
				Certification - Bees that have been officially examined and analyzed and found
				to contain no more than 10% composite infestation by the parasites listed in
				Section
				3 (
				c )( i)(A) below; and which contain no infestation by the pathogens listed in
				Section
				3 (
				c ) (i)(B), below.
(b) Restricted
				Alfalfa Leaf-cutter Bee Certification - Bees that are officially reported as
				containing composite parasite infestation levels of 10% through 25%, or
				composite pathogen infestation levels of not more than 10%, shall be designated
				as being restricted certification.
(c) Quarantined Alfalfa Leaf-cutter Bee
				Certification - Bees that are officially reported as containing composite
				parasite infestation levels of more than 25%, or composite pathogen infestation
				levels of more than 10% shall be designated as being under Quarantined
				Certification. Alfalfa Leaf-cutter Bees and all associated nesting material and
				other equipment shall be quarantined and restricted to the landowner's or bee
				owner's area. Quarantined bees and equipment may be used only at the locations
				they were used when put under Quarantined Certification. Treatment,
				sterilization, or other methods of recognized control shall be performed by the
				bee owner before said bees and equipment can be used for pollinating.
				Quarantined Certification for two successive years shall result in an order for
				destruction of larvae or removal from the State.
(i) Parasites and Pathogens that the bees are
				to be specifically examined for are:
(A)
				Parasites
(I)Minute Chalcid (Tetrastichus
				megachi)
(II)Sapyga wasp (Sapyga
				pumila)
(III)Canadian Chalcid
				(Pteromalus venustus)
(IV)Imported
				Chalcid (Monodontomerus obscurus)
(V)Checkered Flower Beetle (Trichodes
				ornatus)
(VI)Giant Flower Beetle
				(Tribolium brevicornis)
(VII)Sunflower Beetle/Longtongues blister
				beetle (Nemognatha lutea)
(VIII)Driedfruit Moth (Vitula
				edmandsae)
(IX)Indian Meal Moth
				(Plodia interpuntella)
(X)Cadelle
				Beetle (Tenebriodes maurintanicus)
(XI)Blister Beetle (Epicauta
				normalis)
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 50 - REGULATIONS PERTAINING TO LEAF-CUTTER BEES › Section 50-4 - Importation and Movement of Leaf-cutter Bees within the State of Wyoming

Current through July 13, 2024
(a) Bees imported into Wyoming which meet the
				standards for Unconditional Alfalfa Leaf-cutter Bee Certification set forth in
				Section
				3(a) may be moved into any
				area within the State of Wyoming.
(b) Bees meeting the standards for Restricted
				Alfalfa Leaf-cutter Bee Certification set forth in Section
				3(b) may be moved into any
				area in which bees designated as being under Restricted Alfalfa Leaf-cutter Bee
				Certification are located within the State of Wyoming.
(c) Bees meeting the standards for
				Quarantined Alfalfa Leaf-cutter Bee Certification shall not be moved from the
				landowner's or bee owner's area within the state as described in Section
				3 c.
				No special permit to move bees or equipment under quarantined Alfalfa
				Leafcutter Bee Certification will be issued under Wyo. Stat. §
									
										11-7-405(b).
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 50 - REGULATIONS PERTAINING TO LEAF-CUTTER BEES › Section 50-5 - Alfalfa Leaf-cutter Bee Sampling Procedure

Current through July 13, 2024
The following procedures shall be used to sample bees under
				  the bee certification program.
(a) All
				bees must be in loose cell state before samples can be taken.
(b) A two ounce sample shall be taken from
				each 20 pounds of bees owned or possessed by a beekeeper. An official sample
				size shall not consist of less than eight ounces (8 oz.). If the beekeeper owns
				or possesses more than 400 pounds, then the larvae will be divided into 400
				pound lots and official samples shall be obtained from each lot. All official
				samples shall become the property of the department.
(c) Once the official samples have been
				obtained, the remaining composite sample shall be left in the possession of the
				owner of the bees or his designee. The owner has 10 days from date of receipt
				of certification to contact the department and discuss the original laboratory
				test results.
(d) All samples shall
				be collected using a random sampling procedure, i.e. a uniform sample from the
				top, middle, and bottom within the bee storage containers.
(e) All official samples will be obtained by
				department personnel in the presence of the owner of the bees or his
				designee.
(f) All official sample
				lot numbers must correspond with lot numbers assigned to the beekeepers storage
				containers.
(g) Sanitization -
				Wyoming Department of Agriculture personnel shall sanitize or dispose of
				equipment used in connection with sampling.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 50 - REGULATIONS PERTAINING TO LEAF-CUTTER BEES › Section 50-6 - Fees

Current through July 13, 2024
All requests for certification shall be made to the
				  department. The required certification fee shall be paid upon sampling.
(a) Importation Certification- All imported
				bees must be sampled by the department at the buyer's or owner's location
				within 10 days after importation and only a $50.00 per sample lab fee will be
				assessed.
(b) Annual Certification
				- Any person owning or possessing leaf-cutter bees within Wyoming shall make a
				request to the Department for certification by February 1 of each year and pay
				assessment fees at the time of sampling. A lab fee of $50.00 for each sample
				shall be assessed on bees sampled before March 1. Any samples received after
				March 1 will be assessed a $100.00 lab fee per sample.
(c) A certification fee shall be assessed for
				all Leaf-cutter Bees examined by the State of Wyoming. The fee, to cover costs
				of administration and enforcement of the Wyoming Alfalfa Leaf-cutter Bee Act
				and other related program needs shall not exceed $.26 per pound.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 50 - REGULATIONS PERTAINING TO LEAF-CUTTER BEES › Section 50-7 - Sale and Termination

Current through July 13, 2024
All sales of bees shall be reported to the department as
				  follows:
(a) All sales made shall be
				reported to the department by the bee owner giving name, address and location
				of the new owner.
(b) The
				department shall be notified of termination of bee operations.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 50 - REGULATIONS PERTAINING TO LEAF-CUTTER BEES › Section 50-8 - Wild Trapping Permit Procedure

Current through July 13, 2024
A person intending to engage in wild trapping shall obtain a
				  permit from the department prior to commencing trapping activities. The person
				  applying for a permit shall obtain the signature of the property owner on which
				  the bees are to be wild trapped. Any person keeping bees or nesting materials
				  on property other than their own shall clearly mark the trapping material with
				  his or her correct name, address, phone, location of wild trapping activities
				  (1/4 section, section, township, range), number of bee boxes, and permission of
				  property owners. Wild trapping will only be allowed with new laminated nesting
				  material which must be removed from the state by October 1 of the year in which
				  trapping began or submitted for certification as required under the
				  regulations. A fee of $10.00 shall be submitted with each application for a
				  wild trapping permit, with the check being made payable to the Wyoming
				  Department of Agriculture. Each trapper is required to have a separate permit
				  for each county in which he traps. New permits are required each
				  season.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 51 - REGULATIONS PERTAINING TO SEED LAW › Section 51-2 - Definitions

Current through July 13, 2024
The following definitions, along with the definitions in W.S.
				  §
									11-12-101, apply in these
				  rules:
(a) "Board" means the Wyoming
				Board of Agriculture.
(b)
				"Department" means the Wyoming Department of Agriculture.
(c) "Large seeded crops" means crops with
				seeds the size of winter wheat or larger.
(d) "Person" includes an individual,
				partnership, corporation, joint stock company or any other association or
				entity, public or private.
(e)
				"Reclamation species" means native or introduced species used for range or fire
				re-vegetation, but not intended to include agronomic crops.
(f) "Seed cleaning establishments" means any
				entity that processes seed for establishing a crop.
(g) "Small seeded crops" means crops with
				seeds smaller than winter wheat.
(h) "Tetrazolium test" or "TZ test" means a
				chemical test that indicates seed viability.
(i) "Weight" shall be understood and
				construed to mean the net weight.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 51 - REGULATIONS PERTAINING TO SEED LAW › Section 51-3 - Amendments to the Prohibited, Restricted, and Regulated Weed Lists

Current through July 13, 2024
(a) The procedures for amending the
				prohibited, restricted, and regulated weed lists are as follows:
(i) A person may propose an amendment to the
				lists by submitting the amendment in writing to the State Seed
				Analyst.
(ii) The State Seed
				Analyst shall present the proposed amendment to the Seed Lab Advisory Group.
				The Seed Lab Advisory Group shall approve or disapprove the proposed amendment
				by motion at its next meeting, and if approved, shall forward the proposed
				amendment to the Board.
(iii) The
				Board shall consider the proposed amendment at its next scheduled meeting, and
				if approved, recommend that the Department amend the pertinent list.
(iv) The following factors may be considered
				in the decision to include a weed on the prohibited, restricted, or regulated
				weed lists:
(A) Invasiveness;
(B) Economic harm to ranching, farming, or
				the general public;
(C) Impact on
				native species, including plants and wildlife;
(D) Toxicity to grazers; or
(E) Other relevant factors.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 51 - REGULATIONS PERTAINING TO SEED LAW › Section 51-4 - Intrastate Sell-by Date After Testing

Current through July 13, 2024
(a) The
				intrastate sell-by date after germination or TZ testing shall not exceed the
				following:
(i) Agricultural seed and
				reclamation species seed: 12 months excluding the month of the test;
(ii) Flower and vegetable seed (greater than
				one pound containers): 12 months excluding the month of the test;
(iii) Cool season lawn and turf grasses seed:
				15 months excluding the month of the test; and
(iv) Seed in hermetically sealed containers:
				24 months excluding the month of the test.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 51 - REGULATIONS PERTAINING TO SEED LAW › Section 51-5 - Tetrazolium Testing

Current through July 13, 2024
(a) The
				reclamation species below may be labeled with information from either a
				germination or a tetrazolium test.
Balsamroot
Balsamorhiza
spp.
Bitterbrush
Purshia
spp.
Cliffrose
Purshia
spp.
Kochia, forage
Bassia prostrata
Lupine
Lupinus
spp.
Mormon-tea
Ephedra
spp.
Mountain-Mahogany
Cercocarpus
spp.
Needlegrass
Achnatherum
spp.
Needlegrass
Nassella
spp.
Penstemon
Penstemon
spp.
Rabbitbrush
Chrysothamnus
spp.
Ricegrass, Indian
Achnatherum
spp.
Sagebrush
Artemisia
spp.
Saltbush
Atriplex
spp.
Winterfat
Krascheninnikovia
spp.
(b)
				Any species not listed in the germination table of the rules for testing as
				cited in W.S. §
									11-12-101 may be labeled using a
				germination or a tetrazolium test.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 51 - REGULATIONS PERTAINING TO SEED LAW › Section 51-6 - Tags and Labels

Current through July 13, 2024
(a) The
				following weight or seed count tag or label requirements apply:
(i) Net weight is required and shall be
				clearly and plainly labeled on all bags, containers, tags, or labels.
(ii) A pre-planted container, mat, tape, or
				other planting device shall state the minimum number of seeds in the container,
				mat, tape, or other planting device.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 51 - REGULATIONS PERTAINING TO SEED LAW › Section 51-7 - Altering of Tags or Labels

Current through July 13, 2024
A person shall not alter or deface a tag or label attached or
				  imprinted upon the exterior of a container or displayed on a container as
				  required by W.S. §
									11-12-105. Any tag or label that
				  is altered or defaced is void, and the person shall remove the seed from
				  sale.