Section 312IAC18-3-3. Permit requirement for the movement of a plant or element of beekeeping that contains a pest or pathogen

   (a) A person may not cause the movement into or within Indiana of a plant or element of beekeeping that contains a pest or pathogen without a permit issued by the division director under IC 14-24-9-2 and this section.

  (b) A permit for the movement of a pest or pathogen may be issued where either of the following conditions are met:

(1) A permit is issued by the United States Department of Agriculture (USDA) for the movement of the pest or pathogen, and the division director approves the permit for use at a designated containment facility or field site. Approval of the USDA permit constitutes a permit under this section and subjects the permit holder to the requirements of IC 14-24 and this article.

(2) A permit application establishes, under section 4 of this rule, either of the following:

(A) A proposed containment facility is adequate to prevent escape of the pest or pathogen.

(B) The pest or pathogen does not represent a threat to the plant production interests of Indiana or a surrounding state.

(Natural Resources Commission; 312 IAC 18-3-3; filed Nov 22, 1996, 3:00 p.m.: 20 IR 943; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; readopted filed Sep 19, 2008, 10:23 a.m.: 20081008-IR-312080076RFA; readopted filed Jul 17, 2014, 3:48 p.m.: 20140813-IR-312140105RFA)