A. The Commissioner may stop delivery, stop sale, treat, or order returned to point of origin any nursery stock or plant products for sale or distribution if he finds: (i) a plant pest infection; or (ii) the exhibition of visual symptoms of a plant pest infestation.

Terms Used In Virginia Code 3.2-3808

  • Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Dealer: means any person that acquires nursery stock for the purpose of resale and distribution who is not a grower of nursery stock. See Virginia Code 3.2-3800
  • Inspection certificate: means a document in any form issued by the Commissioner, or the appropriate official from another state, declaring an item or location to be apparently free from plant pests. See Virginia Code 3.2-3800
  • Nursery: means any premises where nursery stock is propagated, grown, fumigated, treated, packed, stored, or otherwise prepared for sale or distribution. See Virginia Code 3.2-3800
  • Nursery stock: means all trees, shrubs, woody vines (including ornamentals), bush fruits, grapevines, fruit trees, and nut trees offered for sale and distribution; all buds, grafts, scions, and cuttings from such plants; and any container, soil, and other packing material with such plants or plant products. See Virginia Code 3.2-3800
  • Nurseryman: means any person that produces nursery stock for sale or distribution. See Virginia Code 3.2-3800
  • Plant pest: means any living stage of insects, mites, nematodes, slugs, snails, protozoa, other invertebrate animals, bacteria, fungi, other parasitic plants, parasitic plant parts, viruses, any other similar organism, or any infectious substances that can injure, infect, or damage any plants or plant products. See Virginia Code 3.2-3800

B. The Commissioner may stop delivery or stop sale of: (i) any nursery stock or plant products for sale or distribution in the possession of an unlicensed nurseryman or dealer; or (ii) any nursery stock or plant products for sale or distribution that are not accompanied by an inspection certificate.

C. Any order of the Commissioner under this section shall be carried out at the owner’s expense.

1980, c. 291, § 3.1-188.39; 2008, c. 860.