§ 4027. Diseased or infested stock; stop-sale; destruction

(a) Only sound, healthy nursery stock that will maintain its vigor shall be offered for sale. Offering for sale stock that is diseased or infested with injurious pests is a violation of this chapter. Whenever the Secretary has reason to believe that any nursery, nursery grower, or nursery dealer in the State has produced, introduced, installed, sold, or offered for sale diseased or infested nursery stock, the Secretary shall inspect that nursery. If, upon inspection, the Secretary finds any diseased or infested stock, he or she may order the plants, either individually or in blocks, to be:

(1) put on stop-sale;

(2) treated in a particular manner; or

(3) destroyed according to the Secretary's instructions.

(b) Plants ordered destroyed or placed on stop-sale must be clearly separable from noninfested stock. Any order must be confirmed in writing within seven days. The writing shall include the reason for action, a description of the nursery stock affected, and any recommended treatment. Stop-sale tags may not be removed except by written permission of the Secretary or upon suitable disposal of the infested plants as determined by the Secretary.

(c) A person issued any order under subsection (a) of this section may appeal that order to the Secretary within 15 days after receiving the order. The person shall make an appeal by letter to the Secretary, and shall state any grounds and designate the plants affected. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 5.)