177A.19 - HARMFUL BARBERRY.
177A.19 HARMFUL BARBERRY.
1. No person, firm, or corporation shall receive, ship, accept
for shipment, transport, sell, offer for sale, give away, deliver,
plant, or permit to exist on the person's, firm's, or corporation's
premises any plant of the harmful barberry, or any plant of a species
that shall be designated by the state entomologist in published
regulations to be a host or carrier of a dangerous plant disease or
insect pest.
2. The state entomologist and the entomologist's inspectors, and
authorized agents, are hereby empowered to eradicate any such plant
found growing in the state. If the owner shall refuse or neglect to
eradicate such plants within ten days after receiving a written
notice, the expense of such eradication shall be assessed, collected,
and enforced against the premises upon which such expense was
incurred as taxes are assessed, collected and enforced.
3. The term "harmful barberry" shall be interpreted to consist of
any species of Berberis or Mahonia susceptible to infection by
Puccinia graminis, commonly called black stem rust of grain, but not
including Japanese barberry (B. thunbergii), which does not propagate
the rust.
4. The procedures provided in section 177A.17 and all other
applicable provisions of sections 177A.5 to 177A.18 shall govern and
apply to the enforcement of this section. Section History: Early Form
[C24, § 4053; C27, 31, 35, § 4062-b19; C39, § 4062.19; C46,
50, 54, 58, 62, 66, 71, 73, § 267.19; C75, 77, 79, 81, § 177A.19]