Sec. 15.06.02.10. Condemnation Seizure

A. A condemnation seizure notice may be issued for nursery stock originating in, or shipped into, the State, infested or infected with plant pests.

B. Nursery stock infested or infected with any pest listed in Regulation .12A shall be destroyed unless the shipper or consignor agrees to have the plants returned to him at his expense.

C. Nursery stock infested or infected with any pest listed in Regulation .12B shall be destroyed unless the shipper or consignor agrees to have the plants returned or treated at his expense.

D. Nursery stock ordered treated may not be sold or offered for sale until it has been released for sale by the inspector. The cost of any required treatment shall be paid by the shipper or consignor.

E. The shipper or consignor shall forfeit any nursery stock condemned, seized, or destroyed, and may not collect its value from a purchaser or consignee.

F. A condemnation seizure notice may be issued for nursery stock that is not properly certified by the state of origin. The nursery stock shall be destroyed unless the shipper or consignor agrees to:

(1) Have the nursery stock returned at his expense;

(2) Provide proper certification;

(3) Authorize an inspector to examine and certify the nursery stock at the expense of the shipper or consignor.