CHAPTER 5. NURSERIES
IC 14-24-5
Chapter 5. Nurseries
IC 14-24-5-1
"Vital" defined
Sec. 1. As used in this chapter, "vital" means that a plant isphysiologically vibrant and does not suffer unreasonably frommechanical or pathological stress.
As added by P.L.1-1995, SEC.17.
IC 14-24-5-2
Inspections
Sec. 2. (a) The division shall inspect each nursery in Indiana atleast one (1) time each year if the nursery:
(1) imports nursery stock from outside Indiana; or
(2) exports nursery stock from Indiana.
(b) The division director may authorize nursery inspections inaddition to those nursery inspections described in subsection (a).
As added by P.L.1-1995, SEC.17. Amended by P.L.43-1999, SEC.1.
IC 14-24-5-3
Certification of nursery stock; preferred fumigation treatment
Sec. 3. (a) The division shall issue a certificate following aninspection that discloses that the nursery stock is apparently freefrom pests and pathogens.
(b) The certificate shall be prepared on a commission form andmust state the following:
(1) That the nursery stock has been inspected by the division.
(2) That to the best knowledge and belief of the nurseryman, thenursery stock is free from pests and pathogens.
(c) A copy of the certificate must be attached to each package ofnursery stock before shipment of the stock by a nurseryman.
(d) A certificate issued under this section expires September 30following the date of issuance.
(e) The division shall communicate to nurserymen that methylbromide soil fumigation is preferred to produce pest and disease freeforest seedlings. Fumigation with methyl bromide of seedling bedsbefore seeding is an official control treatment to assure pest freenursery stock.
As added by P.L.1-1995, SEC.17. Amended by P.L.69-2009, SEC.11.
IC 14-24-5-4
Labels on nursery stock
Sec. 4. Every package of nursery stock shipped into Indiana fromanother state must be labeled on the outside with the following:
(1) The name of the consignor.
(2) The name of the consignee.
(3) A certificate from the other state showing that the contentshave been examined and found free from pests and pathogens.
As added by P.L.1-1995, SEC.17.
IC 14-24-5-5
Duties regarding imported nursery stock
Sec. 5. (a) A person that receives nursery stock from a foreigncountry shall notify the division of the arrival and contents of theshipment and the name of the consignor.
(b) The person shall hold the shipment unopened until inspectedor released by the division.
As added by P.L.1-1995, SEC.17.
IC 14-24-5-6
Right of entry upon premises
Sec. 6. The division may enter upon any premises in Indiana andexamine the trees, plants, shrubs, vines, fruit, and propagatedmaterial on the premises in the discharge of the division's dutiesunder this chapter.
As added by P.L.1-1995, SEC.17.
IC 14-24-5-7
Notice to destroy pests or pathogens
Sec. 7. (a) If a pest or pathogen is discovered by an inspectionunder this chapter, the division shall provide a written notice to theperson that owns or controls the premises or plant where the pest orpathogen is located.
(b) The notice must include the following:
(1) A description of the action that is needed to destroy orcontrol the pest or pathogen.
(2) The date by which the action must be taken.
(c) The notice may provide that infested plants may not be sold ortransported from the site of inspection until the pest or pathogen issuccessfully treated.
(d) A written notice issued under this section is effective whenserved. A person that is aggrieved by the notice may requestadministrative review under IC 4-21.5-3-6. In addition, an aggrievedperson may seek temporary relief from the notice under IC 4-21.5-4.Unless otherwise agreed to by the parties, a hearing on temporaryrelief must be conducted within five (5) days of receipt of the hearingrequest in the county where the infested plants are located.
As added by P.L.1-1995, SEC.17.
IC 14-24-5-8
Notices of violation
Sec. 8. (a) The division may issue a notice of violation to a personagainst whom a written notice is directed under section 7 of thischapter if the person does not:
(1) comply with the directives contained in the notice; or
(2) request a hearing under section 7(d) of this chapter.
This subsection does not preclude the issuance of a notice ofviolation if the department receives a final determination in thedepartment's favor from the review of a written notice issued undersection 7 of this chapter. (b) A notice of violation issued under subsection (a) may beaccompanied by a civil penalty, which may not exceed five hundreddollars ($500) for each day a violation continues.
(c) A notice of violation and a penalty issued under this section issubject to IC 4-21.5-3-6.
As added by P.L.1-1995, SEC.17.
IC 14-24-5-9
Nonvital plants
Sec. 9. (a) If as a result of an inspection under this chapter, a plantis discovered that is not vital, the division may direct that the plantnot be sold or given away.
(b) A person that rehabilitates a plant described in subsection (a)may request the division to reinspect the plant and declare the plantto be vital.
(c) A person that is aggrieved by a determination made under thissection may request a proceeding under IC 4-21.5-3-6.
As added by P.L.1-1995, SEC.17.
IC 14-24-5-10
Inspection required for renewal of license to sell or ship nurserystock
Sec. 10. (a) A person that desires to renew a license to sell or shipnursery stock must make a written application on a commission formbefore July 1 of the year of renewal for an inspection of the nurserystock.
(b) A person that does not comply with this section is liable forextra charges to cover the traveling expenses incurred by the divisionin performing the inspection.
As added by P.L.1-1995, SEC.17.