Section 163. Prevention of introduction of injurious insects, noxious weeds, and plant diseases  


Latest version.
  • 1. The commissioner shall take such action as he  may deem necessary to  prevent  the  introduction  into  this  state  of
      injurious  insects,  noxious weeds, and plant diseases, provided that he
      shall consult with the commissioner of environmental conservation  prior
      to the commencement of any action to eradicate noxious weeds.
        2.  All  nursery  stock shipped into this state shall bear or carry on
      the container thereof an unexpired certificate, or copy thereof, to  the
      effect  that (a) the contents of such container have been inspected by a
      duly authorized official and that the contents appear to  be  free  from
      all  injurious  insects or plant diseases, or (b) that the nursery stock
      of the grower of such contents had been examined by  a  duly  authorized
      official  and  had  been  found to be apparently free from all injurious
      insects or plant diseases. Such certificate shall be the certificate  of
      the  chief  horticultural  inspector,  by  whatever  name  known, of the
      country, province or state in  which  such  shipment  originated.  There
      shall  be shown in the certificate or by a separate tag attached thereto
      the name and address of the consignor or shipper, the name  and  address
      of the consignee or person to whom the nursery stock is shipped, and the
      general nature of the contents together with labels upon each variety of
      nursery  stock  declaring  the  name  thereof  and  a  statement  by the
      consignor or shipper that such nursery stock is in a live  and  vigorous
      condition.
        3.  Any  person  within the state receiving nursery stock from without
      the state not accompanied by the certificate  described  in  subdivision
      two  of  this  section, shall immediately notify the commissioner of the
      receipt of such nursery stock and  shall  not  unpack  the  same  unless
      permitted by the commissioner so to do, and shall not allow such nursery
      stock  to  leave his possession until it has been inspected and released
      by the commissioner.
        4. It shall be unlawful for any person to offer for sale  or  to  sell
      dead nursery stock.