Section Agr 2501.04 - Inspections(a) By accepting the plant dealer / landscaper license, the licensee shall agree to periodic inspections of the nursery stock being offered for sale at the business location or any other applicable location pursuant to RSA 433:28 and 433:30.(b) The department shall inspect any nursery as determined necessary by the director to ensure that: (1) Nursery stock offered for sale within New Hampshire is free of plant diseases, is not infested with plant pests, and meets the requirements of RSA 433:28;(2) Nursery stock shipped from New Hampshire is free from pests under quarantine or declared a public nuisance, and has all non-quarantine plant pests under effective control; and(3) Nursery stock shipped to New Hampshire is free from pests under quarantine or declared a public nuisance, with all non-quarantine pests under effective control.(c) The department shall have authority during reasonable times to inspect a business location that might become infected or infested with plant pests.(d) The department or any duly authorized agent of the department shall have the authority to place, monitor and retrieve traps and samples for identification or verification as part of an inspection.(e) When an inspector finds injurious plant pests or plant diseases present in a nursery, greenhouse, plant dealer or landscaper's premises, the inspector shall issue a stop-sale order to prevent the sale of such stock if the inspector determines that a stop-sale order is necessary to remove the threat posed by the pests or plant diseases and assure sound, healthy nursery stock for sale pursuant to RSA 433:30.(f) Nursery stock placed on stop-sale shall be identified by the inspector, either individually or in blocks. Infested stock shall be separated from noninfested stock and that physical separation shall be effected and maintained by the nursery.(g) The issuance of a stop-sale order shall state the following:(1) The reason for issuance of the stop-sale order;(2) A description of the nursery stock placed on stop-sale; and(3) The date upon which such stop-sale order became effective.(h) Stop-sale ordered nursery stock shall not be moved from its location unless otherwise mandated by a department inspector for isolation purposes, and shall not be sold until the following conditions have been met:(1) The nursery stock has been re-inspected and found to be apparently free from pests and diseases; or(2) The plant dealer has provided evidence of complying with required treatments; and(3) The inspector provides a written statement releasing the stop sale ordered nursery stock.(i) If stop-sale ordered nursery stock does not meet the conditions of (h), or if the risk from the infested or infected stock is considered an emergency, then the inspector shall issue a written statement ordering the disposal of the nursery stock.(j) Disposal of infested nursery stock shall be witnessed or approved by a state inspector.(k) Unless otherwise provided for by law, the department shall not provide compensation for damages to any owner for damages resulting from the loss or disposal of infested or infected plants, plant products, or other regulated articles, nor shall it reimburse licensees for any expenses incurred incidental to the application of prescribed preventative or remedial measures.N.H. Admin. Code § Agr 2501.04
#5359, eff 3-17-92; ss by #6708, eff 3-4-98, EXPIRED: 3-4-06
New. #9323, eff 11-21-08
Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12114, Effective 2/21/2017, Expires 2/21/2027.Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12114, Effective 2/21/2017, Expires 2/21/2027.Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12114, Effective 2/21/2017, Expires 2/21/2027.