Nurseries and Nursery Stock

Section 433:30

    433:30 Diseased, Infested Stock; Stop Sale, Destruction. –
I. Only sound, healthy nursery stock, which will maintain its vigor, shall be offered for sale. The offering for sale of stock which is infected with diseases or infested with plant pests is a violation of this subdivision. Whenever the director has reason to believe that any nursery or plant dealer in the state has introduced or is offering for sale diseased or infested stock, the director or a nursery inspector shall inspect that stock. If, upon inspection, the director or a nursery inspector finds any such stock, the inspector may order the plants, either individually or in blocks, to be:
(a) Made subject to a stop sale order.
(b) Treated by the nurseryman.
(c) Destroyed according to the nursery inspector's instructions.
II. Plants ordered destroyed or subject to a stop sale order must be clearly separable from noninfested stock. Any order must be confirmed in writing within 7 days or clearly marked on the inspection report. The order shall include the reason for action, a description of the nursery stock affected, and any recommended treatment. Destruction of condemned stock shall be at the expense of the owner. Stop sale tags may not be removed except by written permission of the director or upon suitable disposal of the infested plants.
III. A person issued any order under paragraph I may appeal that order by letter to the commissioner within 15 days after receiving the order. The letter shall state any grounds for appealing and designate the plants affected.
IV. A nursery inspector shall reinspect a nursery or plant dealer as determined necessary by the director. If the nursery or plant dealer is still in violation of the requirements and despite the inspector's efforts, a stop sale shall be implemented and the nursery or plant dealer license revoked. After further inspection, the director may reinstate the nursery or plant dealer license.

Source. 1985, 33:1, eff. July 1, 1985. 2002, 7:8, eff. Mar. 12, 2002.