COLORADO DEPARTMENT OF AGRICULTURE
Plant Industry Division
Quarantine Imposed Against All Life Stages of the Emerald Ash Borer (Agrilus planipennis, Fairmaire) and Hosts or Possible Carriers of Emerald Ash Borer Pursuant to the Colorado Pest Control Act
8CCR 1203 -24
9.0	Statements of Basis, Specific Statutory Authority and Purpose.
9.1	Emergency Rule Adopted November 12, 2013 – Effective November 12, 2013
Statutory Authority
This Emergency Quarantine and Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture ("CDA") pursuant to his authority under the Pest Control Act (the "Act"), § 35-4-110(1) C.R.S.
Purpose
The purposes of this Emergency Quarantine and Rules are to:
1.	Establish an Emergency Quarantine against Emerald Ash Borer (Agrillus planipennis Fairmare), an insect in the order Coleoptera in Part 1.
2.	Adopt Rules in Part 2 setting forth definitions of specific terms used in these Rules.
3.	Adopt Rules in Part 3 specifying the regulated articles.
4.	Adopt Rules in Part 4 establishing the Quarantine areas.
5.	Adopt Rules in Part 5 specifying the restrictions established on regulated articles.
6.	Adopt Rules in Part 6 specifying violations of these Rules for which penalties may be imposed.
Factual and Policy Basis
The factual and policy issues encountered when developing this Emergency Quarantine and Rules include: 
1.	The Emerald Ash borer is an invasive pest that kills ash trees. There is no known control other than continued pesticide application. Once pesticide applications are ceased, the ash tree is susceptible.
2.	USDA APHIS will quarantine the entire state of Colorado unless Colorado acts immediately to adopt and enforce restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by the APHIS interstate quarantine. There is not time, therefore, to adopt these measures through the normal rulemaking process. This Emergency Quarantine and these Rules will be made permanent within 120 days after public notice and hearing pursuant to § 24-4-103, C.R.S.