R652-151-300. Exceptions

For purposes of Chapter Title 65A, Chapter 14, Utah Bioprospecting Act, and this rule, the following entities or activities are exempt from the requirements of this rule: 1. horticultural cultivation, except for horticultural genetic engineering conducted in a manner otherwise constituting bioprospecting; 2. an agricultural enterprise; 3. a forest and range management practice; 4. invasive weed management; 5. Christmas tree and related sales; and 6. incidental removal of a microorganism, plant, or fungus while engaged in bona fide research or commercial enterprises. This rule does not modify or replace any other requirement under federal, state, or local law related to an act that under Title 65A, Chapter 14, Utah Bioprospecting Act, is considered bioprospecting, including any requirement to obtain the permission of a landowner. In addition, this rule applies only to bioprospecting activities occurring on nonfederal public land.