MARVIN MANDEL, Governor

1449

MEASURES AND THE OWNER SHALL PAY THE COST, IF THE OWNER
REFUSES TO PAY THE COST, IT SHALL BE COLLECTED AS
PROVIDED IN SECTION 5-307. The Secretary [shall] MAY
treat any suspicious plant found in dangerous proximity
to those infested or infected in order to prevent
dissemination.

5-307.

(a)    If the Secretary or his designee finds any
plant infested or [diseased] INFECTED with any
dangerously injurious [insect, other animal pest, or
plant disease] PLANT PEST, he shall ISSUE A STOP SALE
NOTICE AND mark or tag [[it]] THE PLANT in a conspicuous
manner. He shall give written notice to the owner,
tenant, or person in charge of the premises.

(b)    If [, within ten days after notification,] the
person notified does not destroy or treat the infested or
infected plant pursuant to the Departmental rules and
regulations, the Secretary shall destroy or treat the
plant. The Secretary shall prepare a statement of the
expenses of destruction or treatment and shall transmit a
copy of the statement and account to the state's attorney
of the county where the owner of the premises resides.
The state's attorney shall collect the expenses and
account to the Secretary. The copy of the statement and
account is sufficient evidence to prove the claim.

5-309.

(a)    [The Secretary shall inspect at] AT least once
every year THE SECRETARY SHALL INSPECT all nurseries
[susceptible to dangerously injurious insects, other
animal pests, or plant diseases] in the State TO
DETERMINE IF THE NURSERY STOCK IS INFESTED OR INFECTED
WITH DANGEROUSLY INJURIOUS PLANT PESTS. A FIE OF $1 PER
ACRE (OR PART OF AN ACRE) IN PRODUCTION OF NURSERY STOCK
UP TO A MAXIMUM FEE OF $500 SHALL BE PAID BY EACH NURSERY
FOR EACH ANNUAL INSPECTION. [[ALL FEES COLLECTED SHALL
BE PLACED IN THE PLANT PROTECTION FUND AND USED TO DEFRAY
PARTIALLY THE COST OF INSPECTING THE NURSERIES]] ALL FEES
COLLECTED SHALL BE PLACED IN THE PLANT PROTECTION FUND
AND USED TO DEFRAY PARTIALLY THE COST OF INSPECTING THE
NURSERIES.

(b)    [If inspection shows the nursery to be free
from dangerously injurious insects, other animal pests,
or plant diseases, the Secretary shall give the owner or
person in charge of the nursery a certificate of
inspection showing the nurseries or premises to be
apparently free from dangerously injurious insects, other
animal pests, or plant diseases.] EACH NURSERY SHALL BE
CERTIFIED ANNUALLY BY THE SECRETARY IF IT MEETS STANDARDS