A. When a shipment of any plant, plant product, soil or other thing imported or brought into the state is found to be infested by or to harbor insects, noxious weeds or other pests dangerous to the interests of the state, the director shall notify, in writing, the shipper, consignee or owner, and shall require the shipper, consignee or owner, at the owner’s option, immediately to reship from the state, treat or destroy the plant or other thing in whole or in part as the director deems necessary, at the owner’s expense. If the shipper, consignee or owner neglects or refuses to reship from the state or treat or destroy the infested shipment the director shall order the infested shipment to be destroyed.

Terms Used In Arizona Laws 3-210

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Pests: includes all noxious weeds, insects, diseases, mites, spiders, nematodes and other animal or plant organisms found injurious, or likely to be or to become injurious, to any domesticated, cultivated, native or wild plant, or to the product of any such plant. See Arizona Laws 3-201
  • Shipment: includes anything that is brought into the state or that is transported within the state and that may be the host or may contain or carry or may be susceptible of containing, carrying or having present on, in or about it any plant pest or plant disease. See Arizona Laws 3-201
  • Writing: includes printing. See Arizona Laws 1-215

B. A shipper, consignee or owner of any plant, plant product, soil or other thing that is subject to this section may request a hearing pursuant to Title 41, Chapter 6, Article 10, but the request for a hearing shall not stay necessary treatment action under this section.

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