Title 11, Agriculture And Animals

§150A-11.5 Entry of private property for enforcement. Whenever any member of the department of agriculture and biosecurity deems it necessary for the protection of animal or public health, agriculture, or the environment, to enter any land, building, vessel or aircraft for the pu…

[§150A-12] Citation and summons. There shall be printed a form of citation and summons for use in citing violators warning the person to appear and answer the charge against the person at a certain place and at a time within seven days after the citation. The citation and summons…

[§150A-13] Administration of oath. When a complaint is made to any prosecuting officer of the violation of the provisions of this chapter or the rules promulgated and adopted pursuant thereto, the inspector who issued the citation and summons shall subscribe to the complaint unde…

§150A-14 Penalty. (a) Any person who violates any provision of this chapter other than sections 150A-5, 150A-6(3), and 150A-6(4) or who violates any rule adopted under this chapter other than those rules involving an animal that is prohibited or a plant, animal, or microorganism …

[§150A-15] Failure to obey summons. Any person who fails to appear at the place and time specified in the citation and summons issued to that person by the inspector upon the person's citation for violation of the quarantine laws or rules shall be guilty of a misdemeanor and, on …

[§150A-16] Transitional facilities; uses. [Section effective January 1, 2028.] (a) Upon notification by the department, items at a pier, airport, or other place where the items are first received may be transported to a transitional facility suitable for the items. (b) Items tran…

[§150A-16.1] Transitional facilities; established. [Section effective January 1, 2028.] The department shall establish standards for transitional facilities, including standards for the construction, maintenance, and operation of transitional facilities. The department may establ…

[§150A-16.2] Transitional facility license. [Section effective January 1, 2028.] (a) No person shall operate a transitional facility without a transitional facility license and under the terms of a signed compliance agreement. (b) A person may apply to the department for a transi…

[§150A-16.3] Biosecurity compliance auditor; certification. [Section effective January 1, 2028.] (a) The department shall certify biosecurity compliance auditors and offer training to individuals seeking a biosecurity compliance auditor certification. (b) The training shall inclu…

[§150A-16.4] Biosecurity compliance auditor; powers. [Section effective January 1, 2028.] (a) Subject to the terms of the compliance agreement, a certified biosecurity compliance auditor may certify items located in a transitional facility as free of diseases, infections, infesta…

§150A-2 Definitions. As used in this chapter the term: "Aggregate bulk freight" means manmade, unpackaged, pre-processed, inspected and certified, homogenous particulate material, without mark or count, that is usually free-flowing and bought and sold by weight or volume, such as…

PART III. NURSERY STOCK EXPORT SHIPMENTS §150A-21 Certification for shipment. The department may certify as to the pest condition or post treatment of shipments when officially required. Fees may be charged for certificates in certain instances and shall be deposited into the pes…

[§150A-22] Responsibility for treatment. Any treatment of nursery stock which may be required under the provisions of law shall be at the risk and at the expense of the owner or persons in charge or in possession thereof at the time of treatment, unless otherwise provided. [L 197…

§150A-23 Nursery stock certificate. The department may issue and authorize the use of nursery stock certificates by any shipper complying with its regulation for nursery inspection. Shipments accompanied by these certificates may move to other localities within the county or to o…

[§150A-3] Delegation of duties. All authority vested in the board or chairperson by virtue of this chapter may with like force and effect be exercised by such employees of the department as the board or chairperson may from time to time designate for the purpose. [L 1973, c 69, p…

[PART IV. OTHER EXPORTS] §150A-31 Certificate for shipment. The department may certify as to the pest condition of honey bee shipments when health certificates are officially required. Fees to cover the department's certification costs may be charged for health certificates as pr…

§150A-4 Effect on department of land and natural resources and the department of health. Nothing in this chapter shall be construed to amend or alter the functions, duties, and powers of the department of land and natural resources and the department of health relative to chapter…

§150A-4.5 Pest inspection, quarantine, and eradication fund. (a) There is established in the state treasury the pest inspection, quarantine, and eradication fund, into which shall be deposited: (b) The moneys in the pest inspection, quarantine, and eradication fund shall be expen…

PART V. CERTIFIED IMPORTERS OF MICROORGANISMS §150A-41 Microorganism import. (a) Notwithstanding the permit requirements of sections 150A-5 and 150A-6.3, the board may issue a certificate to an importer of microorganisms authorizing import and possession of microorganisms on the …

§150A-42 Certificate. (a) An importer requesting a certificate under this part shall complete and submit an application to the department providing information as required by rule. (b) Fees may be assessed for the processing and issuance of a certificate and for inspections relat…

[§150A-43] Suspension or revocation of certificate. Any certificate issued pursuant to this part may be suspended or revoked by the department, after hearing, for violation of any certificate requirement or condition or any provision of this chapter or rule adopted under this par…

[§150A-44] Summary suspension. Notwithstanding any law to the contrary, the department may cause the immediate suspension of an importer's certificate, subject to subsequent notice and hearing or other adequate procedures, upon the department's determination that there is an impe…

[§150A-45] Emergency remediation. In conjunction with summary suspension of an importer's certificate, upon the department's determination that there is an impending danger of escape or release of, or contamination from or exposure to microorganisms imported pursuant to certifica…

[§150A-46] Conditions of importation under certification. (a) A certificate issued to an importer under this part is nontransferable. (b) Every importer issued a certificate shall comply with the requirements of the certificate. (c) Any department employee or authorized represent…

[§150A-47] Penalties. In addition to penalties that may be applicable under section 150A-14, certified importers are subject to penalties as follows:

PART II. REGULATION OF IMPORTATION §150A-5 Conditions of importation. The importation into the State of any of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut-flower, cut-foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or v…

§150A-5.3 Inspection, quarantine, and eradication service fee and charge. (a) There is imposed a fee for the inspection, quarantine, and eradication of invasive species contained in any freight, including marine commercial container shipment, air freight, or any other means of tr…

[§150A-5.4] Failure to pay or remit the inspection, quarantine, and eradication service fee; fines. (a) The following fines shall be imposed for failure to pay, bill, or remit the inspection, quarantine, and eradication service fee as provided for in section 150A-5.3: shall pay a…

§150A-5.5 What constitutes importation. (a) The landing of any article for the purpose of inspection or quarantine shall not be construed to give the article any status or the owner any right incident to articles which have actually been passed and allowed into the State. (b) In …

[§150A-5.6] Exceptions to the right to import. Nothing in this chapter shall permit the importation of any animal or article if the same, or any of them, has, by rule of the department been prohibited. [L 1985, c 133, §5]

[PART VI.] BIOSECURITY PROGRAM §150A-51 Biosecurity program; establishment. The department shall establish a biosecurity program authorized under this chapter that shall interface with other relevant state law; provided that the biosecurity program is not inconsistent with federa…

§150A-52 Objectives of biosecurity program. [Section effective until December 31, 2027. For section effective January 1, 2028, see below.] The objectives of the biosecurity program shall be to: §150A-52 Objectives of biosecurity program. [Section effective January 1, 2028. For se…

§150A-53 General actions to achieve objectives. [Section effective until December 31, 2027. For section effective January 1, 2028, see below.] (a) To achieve the objectives of the biosecurity program, the department shall plan for and, within available legislative appropriations …

[§150A-54] Biosecurity program; charges; costs. (a) [Subsection effective until December 31, 2027. For subsection effective January 1, 2028, see below.] The department shall set and impose charges for the inspection, quarantine, and eradication of pests in accordance with this ch…

[§150A-55] Federal and other funds. The department shall place high priority on seeking and applying for federal and other funds for the biosecurity program. [L 2008, c 236, pt of §2]

[§150A-56] Schedule of appropriations and expenditures for program. (a) By January 1, 2009, the department shall prepare a schedule of proposed annual appropriations for the biosecurity program for the ensuing six fiscal years that represents the department's realistic expectatio…

§150A-57 Annual report. The department shall submit an annual report on the biosecurity program to the legislature no later than twenty days prior to the convening of each regular session of the legislature. The report shall include:

[§150A-58] Government-industry agreements for readiness and response. (a) The department may enter into readiness and response agreements with businesses and representatives of businesses in the plant and animal industries of the State, including businesses that grow, harvest, or…

[§150A-59] Biosecurity and pest management plans. (a) Any person, including any unit of state or local government, may submit to the board a proposed biosecurity or pest management plan. The proposed biosecurity or pest management plan shall include: (b) The board shall review th…

§150A-6 Soil, plants, animals, etc., importation or possession prohibited. No person shall transport, receive for transport, or cause to be transported to the State, for the purpose of debarkation or entry thereinto, any of the following:

§150A-6.1 Plant import. (a) The board shall maintain a list of restricted plants that require a permit for entry into the State. Restricted plants or any portion thereof shall not be imported into the State without a permit issued pursuant to rules. (b) The department shall desig…

§150A-6.2 Animal import. (a) The board shall maintain: (b) The board shall adopt rules, pursuant to chapter 91, to establish an advisory committee of no fewer than three members with applicable expertise in vertebrate biology to identify whether an animal is a prohibited hybrid a…

§150A-6.3 Microorganism import. (a) The board shall maintain: Import of a microorganism on these lists, as well as import of any unlisted microorganism, shall be subject to the notification, labeling, and inspection requirements of section 150A-5, and is allowed only as provided …

§150A-6.4 Permit and other import document issuance; requirements. Except as otherwise provided in this part, all permits, letters of authorization, or registrations referenced in sections 150A-6 through 150A-6.3 shall be issued pursuant to rules. Any violation of conditions list…

§150A-6.5 Animals; prohibition against possession, etc.; exception. No person shall possess, propagate, sell, transfer, or harbor any animal included on the list of prohibited animals maintained by the board, except upon a determination that the species: Under the circumstances d…

§150A-6.6 Import lists amendment. Without regard to the notice and public hearing requirements of chapter 91, the board may adopt rules to make additions to or deletions from the lists required to be maintained in sections 150A-6.1 through 150A-6.3; provided that the board shall …