§19-12-1. Title
This article shall be known by the short title of "The Plant Pest Act."
§19-12-10. Inspection of Nurseries; Orders of Commissioner as to Eradication or Control of Infestation
All stock in custody of any dealer or person shall be subject to inspection. It shall be the duty of the commissioner to provide for the annual inspection, or more often if necessary, of all nurseries within the state. The commissioner may order the owner or any person in charge of any infested or infected […]
§19-12-11. Nursery Stock Brought Into State to Carry Inspection Certificate
It shall be unlawful to deliver, transport or ship within this state, nursery stock which has not been inspected in accordance with the provisions of this article and which does not carry an inspection certificate attached to each carload, truckload, box, bale, package or item, or to deliver, ship, send or bring any such nursery […]
§19-12-12. Disposition of Fees Collected
The commissioner shall deposit all fees collected by him under the provisions of this article, into the state Treasury to the credit of a special fund, which funds shall be expended by the commissioner for the enforcement of this article.
§19-12-13. Inspection of Plants, etc., by Commissioner Upon Request; Certificate Stating Results of Inspection
Any person growing or possessing any plants or plant products or any other substance, material or thing may apply to the commissioner for a special inspection for the purpose of determining the presence of plant pests or noxious weeds which might prevent the movement or use of same. The expenses incurred in making the inspection […]
§19-12-14. Permit Required to Sell, Transport, etc., Plant Pests or Noxious Weeds
No person may sell, barter, expose, offer for sale or move, transport, deliver, ship or offer for shipment into or within this state any plant pest or other insects or noxious weeds in any living stage without first obtaining either a federal permit, where applicable, or a state permit from the commissioner. A state permit […]
§19-12-15. Information to Be Furnished and Inspection Allowed Upon Request of Commissioner
The commissioner may request any person who has plants or plant products or articles or substances suspected of being infested or infected with dangerous pests in his possession to present same for inspection and to give full information as to the origin, number and destination of same, and it shall be a misdemeanor for such […]
§19-12-16. Criminal Penalties; Civil Penalties; Duties of the Prosecuting Attorney
(a) Criminal penalties. — Any person violating any of the provisions of this article, or the rules adopted hereunder, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense; and for the second offense, shall be fined not less than $500 […]
§19-12-17. Severability
If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application and to this end the provisions of this article are declared to be severable.
§19-12-18. Confidentiality of Trade Secrets
The commissioner may not make public information which contains or relates to trade secrets, commercial or financial information obtained from a person which is privileged or confidential information: Provided, That when the information is necessary to carry out the provisions of this article, this information may be revealed, subject to a protective order, to any […]
§19-12-2. Definitions
The following definitions shall apply in the interpretation and enforcement of this article. All words shall be construed to import either the plural or the singular, as the case demands: (a) "Certificate" means a document issued or authorized by the commissioner indicating that a regulated article is not contaminated with a pest. (b) "Commissioner" means […]
§19-12-3. Commissioner to Enforce Article; Powers and Duties Generally
(a) It shall be the duty of the commissioner to exercise the powers and duties imposed upon him or her by this article for the purpose of protecting agricultural, horticultural and other interests of the state from plant pests or other insects and noxious weeds and for this purpose the commissioner is hereby authorized and […]
§19-12-4. Detection and Abundance Surveys; Findings of Commissioner; Eradication and Suppression
The commissioner shall cause detection and abundance surveys to be made for plant pests or other insects or noxious weeds of a highly injurious nature that may be present in the state to determine the necessity for establishing control practices. When the commissioner determines that a new and dangerous plant pest or other insect or […]
§19-12-5. Rules and Regulations for Eradication, etc., of Plant Pests and Other Insects and Noxious Weeds; Enjoining Violations of Article or Rules and Regulations
The commissioner may promulgate rules and regulations under which he may proceed to eradicate or suppress and prevent the dissemination of plant pests or other insects or noxious weeds as far as may be practical and such rules and regulations as are necessary to carry out the purpose of this article. Any person violating any […]
§19-12-6. Quarantines and Other Orders; Plants or Plant Products Entering State
The commissioner shall have power to establish and maintain quarantines and to adopt other orders and rules and regulations concerning the planting, exposing, sale and transportation of all plants or plant products and regulated articles capable of carrying plant pests of a highly injurious nature in any living stage within this state. The commissioner shall […]
§19-12-7. Infected or Infested Nursery Stock, Articles or Materials Subject to Seizure, etc.
The commissioner is hereby authorized to stop the delivery of, destroy, stop sale, to seize, to treat or to order returned to point of origin, at the owner's expense, any nursery stock or any article or material whatsoever transported or moved within this state or being transported into this state from any place outside thereof, […]
§19-12-8. Right of Entry on Premises
The effectuate the purpose of this article, the commissioner is hereby invested with authority, during reasonable working hours, to enter upon any public or private premises, except private residences, to examine and sample all plants and trees, soil, articles, and substances which are suspected of being infested or infected with dangerous plant pests or other […]
§19-12-9. Certificate of Registration for Nurserymen, Dealers, etc.; Refusal, Suspension, etc., of Certificates; Annual Registration Fees
It shall be unlawful for any nurseryman or dealer to expose or offer for sale, sell, deliver or give away any plants or parts of plants commonly known as nursery stock unless such person shall have first secured from the commissioner a certificate of registration. The commissioner may refuse, suspend or cancel any certificate upon […]