Restrictive and control measures--adoption and enforcement.
263.140. 1. Whenever the state entomologist shall find thatthere exists in this state or any part thereof a dangerous plantpest new to the state, which, for the protection of plants andplant products within the state, should be prevented fromspreading and be controlled or eradicated, the state entomologistshall adopt and carry out such restrictive and control measuresas may be deemed necessary and advisable and may cooperate withother state agencies and with the United States Department ofAgriculture.
2. The state entomologist may promulgate rules establishingquarantines and quarantine restrictions covering areas in thestate affected by plant pests, and other areas within the stateadjacent thereto which are likely to be affected with such pests.
3. Under such quarantines the state entomologist orauthorized personnel may prohibit and prevent the movement,shipment or transportation without inspection of any plants orplant products or any other material or article of any charactercapable of carrying such pests in any living state of itsdevelopment, originating in or which have been stored in suchquarantined areas or in any area outside of the state infestedwith such pest, except under such conditions as the stateentomologist may prescribe as to inspection, treatment andcertification. In carrying out the provisions of this sectionthe state entomologist or authorized personnel may intercept,stop and detain for official inspection any person, car, vessel,boat, truck, automobile, aircraft, wagon, or other vehicles orcarriers whether air, land or water, and may open and inspect anycontainer believed or known to be carrying such pest in anyliving stage of its development. Any plants or plant products orother materials or articles moved, shipped, or transported inviolation of such quarantine may be seized and treated, destroyedor otherwise disposed of in accordance with the instructions ofthe state entomologist.
4. Under such quarantines the state entomologist mayprohibit the use of any farm practice or operation within thequarantined area which favors the development of such pest andmay specify and require in such area the use of specificoperations and procedures in disposing of weeds and cropresidues, in the treating and handling of seeds, growing crops,or harvested products, machinery and any other property, or inplanting and harvesting crops, as may be necessary to effectivelydestroy or prevent the development of such pest, and it shall bethe duty of the owner or person in charge of lands and crops andother things connected therewith within such quarantined area,upon due notice, to refrain from such prohibited practices andoperations and to take such action as is required within the timelimit specified and in the manner designated by the stateentomologist.
5. In case the owner or the person in charge of such lands,crops or other materials within the quarantined area shallneglect or refuse to carry out the instructions of the stateentomologist contained in such notice within the time limitspecified, the state entomologist or authorized personnel maytake the action so required, and the state entomologist shallhave and enforce a lien for the expense thereof against the placein or upon which such expense was incurred in the same manner asliens are had and enforced upon buildings and lots, wharves andpiers for labor and materials furnished by virtue of contractwith the owner.
Restrictive and control measures--adoption and enforcement.
263.140. 1. Whenever the state entomologist shall find thatthere exists in this state or any part thereof a dangerous plantpest new to the state, which, for the protection of plants andplant products within the state, should be prevented fromspreading and be controlled or eradicated, the state entomologistshall adopt and carry out such restrictive and control measuresas may be deemed necessary and advisable and may cooperate withother state agencies and with the United States Department ofAgriculture.
2. The state entomologist may promulgate rules establishingquarantines and quarantine restrictions covering areas in thestate affected by plant pests, and other areas within the stateadjacent thereto which are likely to be affected with such pests.
3. Under such quarantines the state entomologist orauthorized personnel may prohibit and prevent the movement,shipment or transportation without inspection of any plants orplant products or any other material or article of any charactercapable of carrying such pests in any living state of itsdevelopment, originating in or which have been stored in suchquarantined areas or in any area outside of the state infestedwith such pest, except under such conditions as the stateentomologist may prescribe as to inspection, treatment andcertification. In carrying out the provisions of this sectionthe state entomologist or authorized personnel may intercept,stop and detain for official inspection any person, car, vessel,boat, truck, automobile, aircraft, wagon, or other vehicles orcarriers whether air, land or water, and may open and inspect anycontainer believed or known to be carrying such pest in anyliving stage of its development. Any plants or plant products orother materials or articles moved, shipped, or transported inviolation of such quarantine may be seized and treated, destroyedor otherwise disposed of in accordance with the instructions ofthe state entomologist.
4. Under such quarantines the state entomologist mayprohibit the use of any farm practice or operation within thequarantined area which favors the development of such pest andmay specify and require in such area the use of specificoperations and procedures in disposing of weeds and cropresidues, in the treating and handling of seeds, growing crops,or harvested products, machinery and any other property, or inplanting and harvesting crops, as may be necessary to effectivelydestroy or prevent the development of such pest, and it shall bethe duty of the owner or person in charge of lands and crops andother things connected therewith within such quarantined area,upon due notice, to refrain from such prohibited practices andoperations and to take such action as is required within the timelimit specified and in the manner designated by the stateentomologist.
5. In case the owner or the person in charge of such lands,crops or other materials within the quarantined area shallneglect or refuse to carry out the instructions of the stateentomologist contained in such notice within the time limitspecified, the state entomologist or authorized personnel maytake the action so required, and the state entomologist shallhave and enforce a lien for the expense thereof against the placein or upon which such expense was incurred in the same manner asliens are had and enforced upon buildings and lots, wharves andpiers for labor and materials furnished by virtue of contractwith the owner.
Restrictive and control measures--adoption and enforcement.
263.140. 1. Whenever the state entomologist shall find thatthere exists in this state or any part thereof a dangerous plantpest new to the state, which, for the protection of plants andplant products within the state, should be prevented fromspreading and be controlled or eradicated, the state entomologistshall adopt and carry out such restrictive and control measuresas may be deemed necessary and advisable and may cooperate withother state agencies and with the United States Department ofAgriculture.
2. The state entomologist may promulgate rules establishingquarantines and quarantine restrictions covering areas in thestate affected by plant pests, and other areas within the stateadjacent thereto which are likely to be affected with such pests.
3. Under such quarantines the state entomologist orauthorized personnel may prohibit and prevent the movement,shipment or transportation without inspection of any plants orplant products or any other material or article of any charactercapable of carrying such pests in any living state of itsdevelopment, originating in or which have been stored in suchquarantined areas or in any area outside of the state infestedwith such pest, except under such conditions as the stateentomologist may prescribe as to inspection, treatment andcertification. In carrying out the provisions of this sectionthe state entomologist or authorized personnel may intercept,stop and detain for official inspection any person, car, vessel,boat, truck, automobile, aircraft, wagon, or other vehicles orcarriers whether air, land or water, and may open and inspect anycontainer believed or known to be carrying such pest in anyliving stage of its development. Any plants or plant products orother materials or articles moved, shipped, or transported inviolation of such quarantine may be seized and treated, destroyedor otherwise disposed of in accordance with the instructions ofthe state entomologist.
4. Under such quarantines the state entomologist mayprohibit the use of any farm practice or operation within thequarantined area which favors the development of such pest andmay specify and require in such area the use of specificoperations and procedures in disposing of weeds and cropresidues, in the treating and handling of seeds, growing crops,or harvested products, machinery and any other property, or inplanting and harvesting crops, as may be necessary to effectivelydestroy or prevent the development of such pest, and it shall bethe duty of the owner or person in charge of lands and crops andother things connected therewith within such quarantined area,upon due notice, to refrain from such prohibited practices andoperations and to take such action as is required within the timelimit specified and in the manner designated by the stateentomologist.
5. In case the owner or the person in charge of such lands,crops or other materials within the quarantined area shallneglect or refuse to carry out the instructions of the stateentomologist contained in such notice within the time limitspecified, the state entomologist or authorized personnel maytake the action so required, and the state entomologist shallhave and enforce a lien for the expense thereof against the placein or upon which such expense was incurred in the same manner asliens are had and enforced upon buildings and lots, wharves andpiers for labor and materials furnished by virtue of contractwith the owner.
