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2-25-3
Section 2-25-3 Power and duty of commissioner as to protection of agricultural and horticultural
interests from plant pests and noxious weeds generally. It shall be the duty of the commissioner
to protect the agricultural and horticultural interests of the state from plant pests and
noxious weeds; and, to that end, he is vested with power and authority to: (1) Inspect or
cause to be inspected by duly authorized employees, plants, plant products, places or other
things and substances that may, in his opinion, be capable of disseminating or carrying plant
pests or noxious weeds, and, for this purpose, he shall have power to enter into or upon any
place and to open any bundle, package or other container containing or thought to contain
plants or plant products or other things capable of disseminating or carrying plant pests
or noxious weeds; (2) Supervise or cause the treatment, cutting and destruction of plants,
plant parts, fruit, soil, containers, equipment, and other articles capable...
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2-25-2
Section 2-25-2 Purposes of article. The purposes of this article are to prevent the introduction
into and dissemination within this state of plant pests and noxious weeds injurious to plants
and plant products of this state, to provide for the inspection and control of nurseries and
the regulation of the sale and distribution of plants and plant products and to prescribe
the powers and duties of the board and commissioner relative thereto. (Ag. Code 1927, §289;
Code 1940, T. 2, §450; Acts 1991, No. 91-632, p. 1179, §2.)...
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2-25-8
Section 2-25-8 When commissioner may refuse, recall or revoke inspection certificates. The
commissioner shall have the power to refuse to issue an inspection certificate or to recall
or to revoke any certificate already issued when he shall have reasonable cause to believe
that the applicant for or holder of said certificate may tend to introduce into the state
or disseminate within this state plant pests or noxious weeds injurious to plants and plant
products of this state, or if an applicant or holder of said certificate is selling, offering
to sell, distributing or offering to distribute nursery stock in violation of this article
or the rules and regulations promulgated thereunder. The commissioner may also refuse to certify
or revoke or suspend existing certification of any nursery stock or plant product when it
has been determined that plant pests and/or noxious weeds exist on said stock or product,
or that the nursery or site is in such condition with regard to growth and...
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2-25-1
Section 2-25-1 Definitions. When used in this article, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) PLANT PEST. Any
living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate
animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses,
or any organisms similar to or allied with any of the foregoing, or any infectious substances
which can directly or indirectly injure or cause disease or damage in any plants or parts
thereof or any processed, manufactured, or other products of plants and which may be a serious
agricultural or horticultural threat in Alabama. Evidence of a plant pest shall be considered
a public nuisance. (2) NOXIOUS WEED. Any living stage, including, but not limited to, seeds
and productive parts of a parasitic or other plant of a kind, or subdivision of a kind, which
may be a serious agricultural threat in Alabama. Evidence of...
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2-25-17.1
Section 2-25-17.1 Procedures to be used when plant, nursery stock, etc., found to contain plant
pests or noxious weeds; commissioner's power, upon notice, to order removal, destruction or
treatment; refusal of owner to comply; liability for cost of treatment or destruction. If
the commissioner finds, on examination, any plant, plant product or nursery stock infested
or infected with plant pests or noxious weeds, he shall notify in writing the owner or persons
having charge of such premises to that effect, and the owner or person in charge shall, within
10 days after such notice, unless an appeal is taken as provided in this article, cause the
removal and destruction of the infested and infected plant or plant product if it is incapable
of successful treatment; otherwise, such owner or person in charge shall cause it to be treated
as directed in the order of the commissioner. No indemnity shall be awarded to the owner for
complying with the above notice or orders of the commissioner. In...
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2-25-13
Section 2-25-13 Movement, sale, etc., into state or within state of plants, plant products,
etc., during quarantines; confiscation by commissioner; plants, etc., moved into quarantined
area. Whenever the board or commissioner under the provisions of this article shall declare
a quarantine against any place, nursery, grove, orchard, county or counties of this state,
other states, territories or foreign countries as to plant, pest, or noxious weed, it shall
be unlawful thereafter until such quarantine is removed for any person to introduce into this
state or to move, sell or otherwise dispose of within this state any plant, plant product
or other thing included in such quarantine, except under such rules and regulations as may
be prescribed by the board or commissioner. Any plant, plant product, or other thing included
under a quarantine which is moved, sold, or otherwise disposed of within the state in violation
of this section, and any plant propagated from such plant, plant product,...
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2-25-4
Section 2-25-4 Power and duty of board as to protection of agricultural and horticultural interests
from plant pests and noxious weeds generally. It shall be the duty of the board to protect
the agricultural and horticultural interests of the state and, to that end, it is vested with
power and authority to: (1) Make all such rules and regulations governing nurseries and the
movement of nursery stock therefrom or the introduction of nursery stock therein as it may
deem necessary to the eradication, control or prevention of the dissemination of plant pests
or noxious weeds; (2) Make rules and regulations to govern the grading, marking, sale and
distribution of nursery stock by dealers and nurserymen; (3) Provide rules and regulations
under which nursery stock may be brought into this state from other states, territories and
foreign countries; (4) Make such rules and regulations with reference to plants and plant
products while in transit through this state as may be deemed necessary to...
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2-25-15
Section 2-25-15 Importation, sale, possession, etc., of fruits, nuts, etc., infested or infected
with plant pests or noxious weeds likely to cause damage. It shall be unlawful for any person
to import, sell, give away or have in possession for sale or barter fruits, nuts, vegetables,
flowers of any kind, or plants or plant products in the State of Alabama that are infested
or infected with plant pests or noxious weeds of a kind and to such an extent that it is likely
to cause serious damage to products susceptible to the plant pests or noxious weeds. (Ag.
Code 1927, §306; Code 1940, T. 2, §466; Acts 1991, No. 91-632, p. 1179, §12.)...
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2-25-17.2
Section 2-25-17.2 Procedures for fumigation or treatment of infested plants, etc. The commissioner
is authorized to supervise or cause the fumigation or treatment of nursery stock, plants and
plant products infested or infected by plant pests and/or noxious weeds. Fumigation or treatment
may be performed by private employees or other persons supervised by the commissioner. (Acts
1991, No. 91-632, p. 1179, §20.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-25-17.2.htm - 723 bytes - Match Info - Similar pages
2-25-15.1
Section 2-25-15.1 Receipt of plants, nursery stock, etc., not in compliance with law by common
carriers, et alia; duty to inform commissioner and isolate and hold item. Any person, including
a common carrier, who receives plants, plant products, nursery stock, or other things sold,
given away, carried, shipped, or delivered by carriage or shipment within this state, as to
which provisions of this article and the rules and regulations adopted pursuant thereto have
not been complied with, shall immediately inform the commissioner and isolate and hold the
plant, plant product, nursery stock or other thing unopened or unused subject to such inspection
or other disposition as may be provided by the commissioner. (Acts 1991, No. 91-632, p. 1179,
§23.)...
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