§4027. Diseased or infested stock; stop-sale; destruction

Link to law: http://legislature.vermont.gov/statutes/section/06/206/04027
Published: 2015

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The Vermont Statutes Online









4027. Diseased or infested stock; stop-sale; destruction

(a) Only sound,

healthy nursery stock that will maintain its vigor shall be offered for sale.

Offering for sale stock that is diseased or infested with injurious pests is a

violation of this chapter. Whenever the secretary has reason to believe that

any nursery, nursery grower, or nursery dealer in the state has produced,

introduced, installed, sold, or offered for sale diseased or infested nursery

stock, the secretary shall inspect that nursery. If, upon inspection, the

secretary finds any diseased or infested stock, he or she may order the plants,

either individually or in blocks, to be:

(1) put on


(2) treated in a

particular manner; or

(3) destroyed

according to the secretary's instructions.

(b) Plants

ordered destroyed or placed on stop-sale must be clearly separable from

noninfested stock. Any order must be confirmed in writing within seven days.

The writing shall include the reason for action, a description of the nursery

stock affected, and any recommended treatment. Stop-sale tags may not be

removed except by written permission of the secretary or upon suitable disposal

of the infested plants as determined by the secretary.

(c) A person

issued any order under subsection (a) of this section may appeal that order to

the secretary within 15 days after receiving the order. The person shall make

an appeal by letter to the secretary, and shall state any grounds and designate

the plants affected. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff.

May 27, 2003; 2009, No. 144 (Adj. Sess.), § 5.)