IC 14-24-5-1 "Vital" defined
Sec. 1. As used in this chapter, "vital" means that a plant is
physiologically vibrant and does not suffer unreasonably from
mechanical 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 at
least 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 in
addition 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 an
inspection that discloses that the nursery stock is apparently free
from pests and pathogens.
(b) The certificate shall be prepared on a commission form and
must 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, the
nursery stock is free from pests and pathogens.
(c) A copy of the certificate must be attached to each package of
nursery stock before shipment of the stock by a nurseryman.
(d) A certificate issued under this section expires September 30
following the date of issuance.
(e) The division shall communicate to nurserymen that methyl
bromide soil fumigation is preferred to produce pest and disease free
forest seedlings. Fumigation with methyl bromide of seedling beds
before seeding is an official control treatment to assure pest free
nursery 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 from
another 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 contents
have 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 foreign
country shall notify the division of the arrival and contents of the
shipment and the name of the consignor.
(b) The person shall hold the shipment unopened until inspected
or 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 and
examine the trees, plants, shrubs, vines, fruit, and propagated
material on the premises in the discharge of the division's duties
under 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 inspection
under this chapter, the division shall provide a written notice to the
person that owns or controls the premises or plant where the pest or
pathogen is located.
(b) The notice must include the following:
(1) A description of the action that is needed to destroy or
control 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 or
transported from the site of inspection until the pest or pathogen is
successfully treated.
(d) A written notice issued under this section is effective when
served. A person that is aggrieved by the notice may request
administrative review under IC 4-21.5-3-6. In addition, an aggrieved
person may seek temporary relief from the notice under IC 4-21.5-4.
Unless otherwise agreed to by the parties, a hearing on temporary
relief must be conducted within five (5) days of receipt of the hearing
request 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 person
against whom a written notice is directed under section 7 of this
chapter 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 of
violation if the department receives a final determination in the
department's favor from the review of a written notice issued under
section 7 of this chapter.
(b) A notice of violation issued under subsection (a) may be
accompanied by a civil penalty, which may not exceed five hundred
dollars ($500) for each day a violation continues.
(c) A notice of violation and a penalty issued under this section is
subject 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 plant
is discovered that is not vital, the division may direct that the plant
not 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 plant
to be vital.
(c) A person that is aggrieved by a determination made under this
section 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 nursery
stock
Sec. 10. (a) A person that desires to renew a license to sell or ship
nursery stock must make a written application on a commission form
before July 1 of the year of renewal for an inspection of the nursery
stock.
(b) A person that does not comply with this section is liable for
extra charges to cover the traveling expenses incurred by the division
in performing the inspection. As added by P.L.1-1995, SEC.17.
IC 14-24-5-1 "Vital" defined
Sec. 1. As used in this chapter, "vital" means that a plant is
physiologically vibrant and does not suffer unreasonably from
mechanical 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 at
least 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 in
addition 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 an
inspection that discloses that the nursery stock is apparently free
from pests and pathogens.
(b) The certificate shall be prepared on a commission form and
must 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, the
nursery stock is free from pests and pathogens.
(c) A copy of the certificate must be attached to each package of
nursery stock before shipment of the stock by a nurseryman.
(d) A certificate issued under this section expires September 30
following the date of issuance.
(e) The division shall communicate to nurserymen that methyl
bromide soil fumigation is preferred to produce pest and disease free
forest seedlings. Fumigation with methyl bromide of seedling beds
before seeding is an official control treatment to assure pest free
nursery 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 from
another 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 contents
have 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 foreign
country shall notify the division of the arrival and contents of the
shipment and the name of the consignor.
(b) The person shall hold the shipment unopened until inspected
or 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 and
examine the trees, plants, shrubs, vines, fruit, and propagated
material on the premises in the discharge of the division's duties
under 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 inspection
under this chapter, the division shall provide a written notice to the
person that owns or controls the premises or plant where the pest or
pathogen is located.
(b) The notice must include the following:
(1) A description of the action that is needed to destroy or
control 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 or
transported from the site of inspection until the pest or pathogen is
successfully treated.
(d) A written notice issued under this section is effective when
served. A person that is aggrieved by the notice may request
administrative review under IC 4-21.5-3-6. In addition, an aggrieved
person may seek temporary relief from the notice under IC 4-21.5-4.
Unless otherwise agreed to by the parties, a hearing on temporary
relief must be conducted within five (5) days of receipt of the hearing
request 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 person
against whom a written notice is directed under section 7 of this
chapter 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 of
violation if the department receives a final determination in the
department's favor from the review of a written notice issued under
section 7 of this chapter.
(b) A notice of violation issued under subsection (a) may be
accompanied by a civil penalty, which may not exceed five hundred
dollars ($500) for each day a violation continues.
(c) A notice of violation and a penalty issued under this section is
subject 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 plant
is discovered that is not vital, the division may direct that the plant
not 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 plant
to be vital.
(c) A person that is aggrieved by a determination made under this
section 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 nursery
stock
Sec. 10. (a) A person that desires to renew a license to sell or ship
nursery stock must make a written application on a commission form
before July 1 of the year of renewal for an inspection of the nursery
stock.
(b) A person that does not comply with this section is liable for
extra charges to cover the traveling expenses incurred by the division
in performing the inspection. As added by P.L.1-1995, SEC.17.
IC 14-24-5-1 "Vital" defined
Sec. 1. As used in this chapter, "vital" means that a plant is
physiologically vibrant and does not suffer unreasonably from
mechanical 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 at
least 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 in
addition 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 an
inspection that discloses that the nursery stock is apparently free
from pests and pathogens.
(b) The certificate shall be prepared on a commission form and
must 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, the
nursery stock is free from pests and pathogens.
(c) A copy of the certificate must be attached to each package of
nursery stock before shipment of the stock by a nurseryman.
(d) A certificate issued under this section expires September 30
following the date of issuance.
(e) The division shall communicate to nurserymen that methyl
bromide soil fumigation is preferred to produce pest and disease free
forest seedlings. Fumigation with methyl bromide of seedling beds
before seeding is an official control treatment to assure pest free
nursery 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 from
another 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 contents
have 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 foreign
country shall notify the division of the arrival and contents of the
shipment and the name of the consignor.
(b) The person shall hold the shipment unopened until inspected
or 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 and
examine the trees, plants, shrubs, vines, fruit, and propagated
material on the premises in the discharge of the division's duties
under 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 inspection
under this chapter, the division shall provide a written notice to the
person that owns or controls the premises or plant where the pest or
pathogen is located.
(b) The notice must include the following:
(1) A description of the action that is needed to destroy or
control 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 or
transported from the site of inspection until the pest or pathogen is
successfully treated.
(d) A written notice issued under this section is effective when
served. A person that is aggrieved by the notice may request
administrative review under IC 4-21.5-3-6. In addition, an aggrieved
person may seek temporary relief from the notice under IC 4-21.5-4.
Unless otherwise agreed to by the parties, a hearing on temporary
relief must be conducted within five (5) days of receipt of the hearing
request 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 person
against whom a written notice is directed under section 7 of this
chapter 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 of
violation if the department receives a final determination in the
department's favor from the review of a written notice issued under
section 7 of this chapter.
(b) A notice of violation issued under subsection (a) may be
accompanied by a civil penalty, which may not exceed five hundred
dollars ($500) for each day a violation continues.
(c) A notice of violation and a penalty issued under this section is
subject 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 plant
is discovered that is not vital, the division may direct that the plant
not 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 plant
to be vital.
(c) A person that is aggrieved by a determination made under this
section 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 nursery
stock
Sec. 10. (a) A person that desires to renew a license to sell or ship
nursery stock must make a written application on a commission form
before July 1 of the year of renewal for an inspection of the nursery
stock.
(b) A person that does not comply with this section is liable for
extra charges to cover the traveling expenses incurred by the division
in performing the inspection. As added by P.L.1-1995, SEC.17.
