Kentucky Statutes 249.050 – Inspection of articles and premises — Diseased plants to be destroyed — Hindering inspection prohibited
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(1) Whenever the state entomologist, his deputy, or a nursery inspector has reason to believe or is credibly informed that at any place within the state there has been introduced, or offered for sale, trees, plants, or parts of plants infected or infested with diseases or destructive pests that are likely to spread, he shall investigate the suspected articles and premises. If they are found so infested or infected, he shall notify the owner or possessor, in writing, of the nature of the infestation, specifying the insects, weeds, or diseases that have been found, and demand that within a reasonable specified time the affected articles or premises be disinfected, or destroyed by fire, under the direction of the state entomologist, his deputy, or a nursery inspector, and at the expense of the owner or possessor.
(2) For the purpose of inspection and carrying out the provisions of this section, KRS
249.005, 249.010, 249.020, 249.030, 249.040, 249.060, 249.070, 249.090, 249.100,
249.101, 249.102, 249.103, 249.104, and 249.105, the state entomologist, his deputy, and nursery inspectors shall have free access to any field, orchard, garden, packing ground, building, cellar, freight or express office, warehouse, car or other vehicle, vessel, or other place where it may be necessary or desirable for them to go, or which it may be necessary for them to inspect, in the performance of their duties. The nurseryperson or nursery dealer shall provide assistance as necessary for any inspection or examination made in accordance with this section, KRS § 249.005,
249.010, 249.020, 249.030, 249.040, 249.060, 249.070, 249.090, 249.100, 249.101,
249.102, 249.103, 249.104, and 249.105 and administrative regulations. It shall be unlawful to deny this access to the state entomologist, or to offer any resistance to the officers and employees of the department, or to thwart or hinder the inspection by misrepresenting or concealing facts or conditions, or otherwise.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 142, sec. 6, effective July 15, 1996. — Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1925a-
2.
(2) For the purpose of inspection and carrying out the provisions of this section, KRS
Terms Used In Kentucky Statutes 249.050
- Department: means the Department of Agriculture. See Kentucky Statutes 249.010
- Nursery dealer: means any person or landscaper not a grower of nursery stock in this Commonwealth who:
(a) Buys, sells, ships, or distributes nursery stock for commercial or monetary gain in the Commonwealth of Kentucky. See Kentucky Statutes 249.010 - Nurseryperson: means any person who owns, leases, manages, or is in charge of a nursery, and who propagates nursery stock. See Kentucky Statutes 249.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
249.005, 249.010, 249.020, 249.030, 249.040, 249.060, 249.070, 249.090, 249.100,
249.101, 249.102, 249.103, 249.104, and 249.105, the state entomologist, his deputy, and nursery inspectors shall have free access to any field, orchard, garden, packing ground, building, cellar, freight or express office, warehouse, car or other vehicle, vessel, or other place where it may be necessary or desirable for them to go, or which it may be necessary for them to inspect, in the performance of their duties. The nurseryperson or nursery dealer shall provide assistance as necessary for any inspection or examination made in accordance with this section, KRS § 249.005,
249.010, 249.020, 249.030, 249.040, 249.060, 249.070, 249.090, 249.100, 249.101,
249.102, 249.103, 249.104, and 249.105 and administrative regulations. It shall be unlawful to deny this access to the state entomologist, or to offer any resistance to the officers and employees of the department, or to thwart or hinder the inspection by misrepresenting or concealing facts or conditions, or otherwise.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 142, sec. 6, effective July 15, 1996. — Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1925a-
2.