Code of Alabama
Article 1 - Insect and Disease Control.
Section 2-25-17.1 - Procedures to Be Used When Plant, Nursery Stock, etc., Found to Contain Plant Pests or Noxious Weeds; Commissioner's Power, Upon Notice, to Order Removal, Destruction or Treatment; Refusal of Owner to Comply; Liability for Cost of...

If the commissioner finds, on examination, any plant, plant product or nursery stock infested or infected with plant pests or noxious weeds, he shall notify in writing the owner or persons having charge of such premises to that effect, and the owner or person in charge shall, within 10 days after such notice, unless an appeal is taken as provided in this article, cause the removal and destruction of the infested and infected plant or plant product if it is incapable of successful treatment; otherwise, such owner or person in charge shall cause it to be treated as directed in the order of the commissioner. No indemnity shall be awarded to the owner for complying with the above notice or orders of the commissioner.
In case the owner or person in charge shall refuse or neglect to comply with the terms of the order within 10 days after receiving it, the commissioner may proceed to treat or destroy the infested or infected plant or plant product. The expense thereof shall be assessed, collected, and enforced against the owner by the commissioner. If such owner shall fail to pay all such expenses within 30 days, the Attorney General shall, or shall cause the district attorney of such circuit, to institute a civil action in the name of the state for the recovery of the same; and when judgment is recovered and collected, the sum shall be paid into the Agricultural Fund.

Structure Code of Alabama

Code of Alabama

Title 2 - Agriculture.

Chapter 25 - Plants and Trees.

Article 1 - Insect and Disease Control.

Section 2-25-1 - Definitions.

Section 2-25-2 - Purposes of Article.

Section 2-25-3 - Power and Duty of Commissioner as to Protection of Agricultural and Horticultural Interests From Plant Pests and Noxious Weeds Generally.

Section 2-25-4 - Power and Duty of Board as to Protection of Agricultural and Horticultural Interests From Plant Pests and Noxious Weeds Generally.

Section 2-25-5 - Exercise of Quarantine Powers of Board by Commissioner.

Section 2-25-6 - Inspection Certificate Required for Nurserymen and Dealers in Nursery Stock; Fees.

Section 2-25-8 - When Commissioner May Refuse, Recall or Revoke Inspection Certificates.

Section 2-25-9 - Affixation of Official Tags to Boxes, Packages, etc., in Which Nursery Stock Shipped; Furnishing of Official Tags; Confiscation of Boxes, Packages, etc., Shipped Into State Without Official Tags.

Section 2-25-10 - Introduction Into State of Live Plant Pests, etc., or Specimens of Disease Injurious to Plants; Special Permit.

Section 2-25-11 - Common Carriers, etc., Not to Accept for Shipment or Deliver Nursery Stock, etc., Without Official Tags, Etc.

Section 2-25-12 - Common Carriers Not to Be Liable for Damages for Refusal to Receive, Deliver, etc., Boxes, Packages Without Official Tags, Etc.

Section 2-25-13 - Movement, Sale, etc., Into State or Within State of Plants, Plant Products, etc., During Quarantines; Confiscation by Commissioner; Plants, etc., Moved Into Quarantined Area.

Section 2-25-13.1 - Sale of Plants or Nursery Stock Which Is Not Viable Unlawful; "Viable" Defined.

Section 2-25-14 - Sale, Carriage, Shipment, etc., of Nursery Stock by Nurserymen or Dealers.

Section 2-25-15 - Importation, Sale, Possession, etc., of Fruits, Nuts, etc., Infested or Infected With Plant Pests or Noxious Weeds Likely to Cause Damage.

Section 2-25-15.1 - Receipt of Plants, Nursery Stock, etc., Not in Compliance With Law by Common Carriers, Et Alia; Duty to Inform Commissioner and Isolate and Hold Item.

Section 2-25-16 - Throwing Cuttings, Prunings, etc., Into Public Roads, Fields, etc.; Destruction of Cuttings, Prunings, etc., Containing Plant Pests or Noxious Weeds.

Section 2-25-17.1 - Procedures to Be Used When Plant, Nursery Stock, etc., Found to Contain Plant Pests or Noxious Weeds; Commissioner's Power, Upon Notice, to Order Removal, Destruction or Treatment; Refusal of Owner to Comply; Liability for Cost of...

Section 2-25-17.2 - Procedures for Fumigation or Treatment of Infested Plants, Etc.

Section 2-25-18 - Appeals to State Board From Findings or Orders of Commissioner.

Section 2-25-19.1 - Penalties, Temporary Restraining Orders or Injunctions for Violations Issued Without Bond; Form of Action; Approval of Attorney General; Assistance of District Attorneys or Their Deputies.

Section 2-25-19.2 - Acts of Officials, Agents, Employees, etc., Deemed Those of Principal as Well as of Individual.

Section 2-25-20 - Promulgation of Rules and Regulations of Board or Commissioner; Admissibility in Evidence Thereof.

Section 2-25-21 - Review of Rules or Regulations by Board.

Section 2-25-22 - Violations of Article, Rules and Regulations, Notice or Order; Forgery, etc., of Certificates, Etc.