§141-18 Plant care components; fumigation; treatment; certification; fees; restrictions. (a) The department of agriculture and biosecurity:
(b) No person shall distribute within the State any plant care component that originated outside the State, unless:
(c) No person shall transport any plant care component:
without prior certification from the department of agriculture and biosecurity that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment.
(d) Any person who violates any provision of this section or rules adopted under this section may be assessed an administrative penalty by the board of not more than $10,000 for each offense. No administrative penalty shall be assessed unless the person charged has been given notice and an opportunity for a hearing on the specific charge. The administrative penalty and any proposed action contained in the notice of finding of violation shall become a final order unless, within twenty days of receipt of the notice, the person or persons charged make a written request for a hearing. In determining the amount of penalty, the board shall consider the appropriateness of the penalty to the size of the business of the person charged, the effect on the person's ability to continue business, and the gravity of the violation.
(e) In case of inability to collect the administrative penalty or failure of any person to pay all or a portion of the administrative penalty as the board may determine, the board shall refer the matter to the attorney general, who shall recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and the penalty remains unpaid.
(f) When construing and enforcing this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the person employed.
(g) For the purposes of this section:
"Board" means board of agriculture and biosecurity.
"Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control.
"Person" means an individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not.
"Plant care component" or "component" means any quantity of wood chips or compost that is used in the propagation of plants or in a filter sock.
"Treat" or "treatment" means fumigation or heat treatment. [L 2024, c 197, §1; am L 2025, c 236, §38]