4.12.1409    QUARANTINE OF PLANT MATERIALS AND NURSERIES

(1)  The director, or his representative, has the authority to establish and enforce a quarantine over any place where plant materials or nursery stock are grown, or kept that is infested with any injurious plant pest. The director, or his representative declaring such quarantine shall notify the owner or person in control of such place in writing of the establishment of the quarantine. The owner or person in control of quarantined place shall not ship or move or allow to be shipped or remove any, nursery stock or other material, except by written permission of the director, or his representative. The owner or person in control of any place may be permitted to use such nursery stock or plant material on the premises under the instructions of the director or his representative.

(2)  All quarantine orders issued by the department are subject to appeal pursuant to the provisions of the Montana Administrative Procedure Act (Title 2, chapter 4, MCA)  and the procedural rules of the department (ARM Title 4, chapter 2).

History: 80-1-102, 80-7-402, MCA; IMP, 80-7-402, MCA; NEW, Eff. 10/5/75; AMD, 1994 MAR p. 24, Eff. 1/14/94; AMD, 2024 MAR p. 128, Eff. 1/27/24.