§ 2-16-6. Order to destroy or treat infected plants.
If the director or his or her authorized agent finds on examination any nursery, greenhouse,
field or farm crop, forest, small fruit plantation, cemetery, storehouse or elevator,
conveyance, or any other private or public premises, or any plant or article on or
in the premises to be infected or infested with any seriously injurious insects or
plant diseases that would be likely, in the opinion of the director, to endanger adjacent
property or the welfare of the agricultural economy of the state, the director may
declare the premises, plants, or articles to be a public nuisance, and shall notify
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§ 2-16-6. Order to destroy or treat infected plants.
If the director or his or her authorized agent finds on examination any nursery, greenhouse,
field or farm crop, forest, small fruit plantation, cemetery, storehouse or elevator,
conveyance, or any other private or public premises, or any plant or article on or
in the premises to be infected or infested with any seriously injurious insects or
plant diseases that would be likely, in the opinion of the director, to endanger adjacent
property or the welfare of the agricultural economy of the state, the director may
declare the premises, plants, or articles to be a public nuisance, and shall notify
the owner or person having charge of the premises, plants, or articles to that effect,
in writing, and the owner or person in charge upon receipt of the written notification,
shall within a period of time that shall be specified on the written notification
by the director, cause the removal and sanitary destruction of all plants, plant products,
or articles declared if they cannot be successfully treated, otherwise the owner or
person in charge shall cause them to be treated or apply any other remedial measures
for the disinfestation, disinfection, control or retardment of the pest on the premises,
plant, plant products, or articles as the director may direct. Preventive measures
shall be required, and shall be enforced in the same manner on any additional premises
in the vicinity of the premises where the plant pest was found as seems necessary
in accordance with the judgment of the director.