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249.050 Inspection of articles and premises -- Diseased plants to be
destroyed -- Hindering inspection prohibited.
(1)
(2)
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.
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.
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