§ 2-16-3 - Powers of director.
SECTION 2-16-3
§ 2-16-3 Powers of director. – The director is authorized and empowered:
(1) To enforce all provisions of this chapter, and to havecharge of all matters pertaining to official control, suppression,extermination, or exclusion of all plant pests, whether members of the plant oranimal kingdom, which are, or threaten to become, serious pests of plants ofeconomic importance, or are in any other way inimical to the welfare of theplant industry of the state;
(2) To enter into agreements with authorized plant pestcontrol officials of the United States department of agriculture and of otherstates for the cooperative carrying out of programs consistent with the intentsand purposes of this chapter;
(3) To pronounce, declare, and publish any animal, plant,virus, bacterium, conveyance, structure, or inanimate object, singly, ingroups, or as a category, to constitute a plant pest, as defined and to defineany plant pest so declared to be a public nuisance and also, to define andlimit circumstances or conditions under which these definitions shall hold inany given instance;
(4) To establish, in the manner set forth in § 2-16-10,and to enforce, by appropriate rules and regulations, quarantines prohibitingor restricting the transportation of injurious insects and of any class ofplant or plant parts, or any object or combination of objects, capable ofcarrying any serious plant pest, or of itself constituting a pest, withreference to which the secretary of agriculture of the United States has notdetermined that a quarantine is necessary and established a quarantine, into orthrough this state or any portion of this state from any other state orterritory, the District of Columbia, or any part of any other state orterritory, or of the District of Columbia, in which the director shall havefound the plant pest to exist;
(5) To establish, and maintain, in the manner set forth in§ 2-16-10, a quarantine against any premises or geographical area in thisstate where a serious plant pest is found to occur, when a quarantine appearsto be necessary and promises to be the most efficacious means for preventing orretarding the spread of the plant pest into other premises or communities tothe detriment of the welfare of the agricultural economy of the state;
(6) To make rules and regulations for the seizure,inspection, disinfection, disinfestation, reshipment, destruction, or otherdisposition of any plant or plant parts or any inanimate article capable ofcarrying dangerous insect infestation, plant diseases, or any other plant pest,a quarantine with respect to which has been established by the secretary ofagriculture of the United States, and which has been transported to, into, orthrough this state in violation of that quarantine;
(7) To make rules and orders, not contrary to law, regardingthe destruction of infected or infested plants, plant parts, and plant productsand to seize, treat, disinfect, disinfest, or destroy any plants, plant parts,or plant materials, or other articles moved in violation of any quarantine,rule or regulation established under provision of this chapter or under anyother act which has been or may be enacted against specific plant pests andentrusted to his or her jurisdiction, or suspected of being infected orinfested by any serious plant pest, and also, to prohibit or regulate thetransportation of plants, plant parts, plant materials and inanimate articleslikely to carry dangerous plant pests, and to designate certain areas ordistricts where all those plants and articles may be destroyed;
(8) To enter, in a manner not contrary to law, any public orprivate premises, except dwelling quarters, at reasonable hours, in theperformance of his or her duty in the enforcement of this chapter; and todemand access to plant and other articles requiring inspection;
(9) To make requirements, not contrary to law, governing theentry from other states and territories, the District of Columbia, and anyforeign country, of any plant, plant part, or other article that he or she, forpurposes of plant pest control, may designate, and to search, seize, inspect,or hold for inspection those items at the state borders, ports of entry, orpoint of destination; and
(10) To revoke or suspend any certificate or license issuedby his or her department, and to require the immediate surrender ofcertificates or licenses revoked or suspended.