312 IAC 18-3-2 - Control of pests or pathogens newly introduced or not widely established in Indiana
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 4-21.5-3-6; IC 4-21.5-4; IC 14-24-4-3
Sec. 2.
(a) This
section establishes standards for the control of pests or pathogens which are
newly introduced or not widely established in Indiana.
(b) The division director may implement the
following procedures if the division discovers a pest or pathogen which is
newly introduced or not widely established in Indiana:
(1) The area surrounding the initial
discovery of the pest or pathogen shall be surveyed or monitored by the
division to confirm that the pest or pathogen is present. Transporting
equipment, utensils, elements of beekeeping, and other items which might harbor
the pest or pathogen shall be examined.
(2) To eradicate the pest or pathogen, the
division director may, under IC 14-24-4-3, order the owner of infested property
to destroy, refrain from selling, immobilize, or otherwise treat any plants,
plant parts, or elements of beekeeping. A written order issued under this
subdivision is effective when served. A person who is aggrieved by the order
may request administrative review under IC 4-21.5-3-6. In addition, an
aggrieved person may seek temporary relief from the order under IC 4-21.5-4.
Unless otherwise agreed by the parties, a hearing on temporary relief must be
conducted within five (5) days of receipt of the hearing request in the county
where the infested plants are located.
(3) If an action under subdivision (2) is not
performed as ordered, the division director may take necessary action and incur
the expenses required to satisfy the directive contained in the written order.
Expenses incurred by the department under this subdivision shall be certified
to the auditor of the county where the site is located. The auditor shall place
the assessment on the tax duplicates of the county, and the assessment shall be
collected as state and county taxes are collected and paid over to the
department.
(4) If nursery stock,
plants, plant parts, a pest or pathogen, elements of beekeeping or associated
packaging, shipping products, or other personal property has been sold or
transported from the site, the owner or proprietor shall provide the division
with the names and addresses of the persons who received the property. The
persons who received the property are subject to the requirements of this
section.
(5) Surveying or
monitoring shall continue by the division for two (2) consecutive growing
seasons or until the biological threat is eliminated. If a pest or pathogen
persists, the director may declare an infested area, and the division director
shall implement any quarantine appropriate under 312 IAC 18-2.
Notes
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