Infested or Infected Shipments of Nursery Stock; Disposal or Treatment

Section 240 Section 240.30  Infested or Infected Shipments of Nursery Stock; Disposal or Treatment Shipments of nursery stock which upon inspection are found to be infested with injurious insect pests or infected with injurious plant diseases shall be treated or disposed of in whole or in part at the recommendation of the Department.  Disposed means to eradicate the disease or pest by cutting, removing or destroying the infested or infected material or to return it to its state or country of origin.  Section 15 of the Act requires the owner or person in charge of infested or infected stock to eradicate, control or prevent the dissemination of injurious insects or plant diseases.  In accordance with its authority under Section 3 of the Act, the Department will, at the expense of the owner or person in charge, treat, remove, cut or destroy infested or infected material if the owner or person in charge fails, neglects or refuses to do so.  If the owner or person in charge fails, neglects or refuses to treat or dispose of the infected or infested material within 10 days from the date notice of infestation or infection and the Department's recommendation is given the owner or person in charge, the Department will give written notice of and hold an administrative hearing to determine whether to treat or dispose of the infested or infected material. The Department will consider when determining whether to treat or dispose of the infested or infected material the type of infestation or infection, its harmful effect, the manner in which the pest or disease spreads, known available treatments, cost factors of treatment versus disposal, and amount and type of infested or infected material.