Bills · 2013-2014 Regular Session
Relating to: the authority of the Department of Agriculture, Trade and Consumer Protection related to the inspection for, and abatement of, pests on properties that are not agricultural lands or agricultural business premises. (FE)
Agriculture, trade and consumer protection, department of Air pollution Land Pests
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Current law grants the Department of Agriculture, Trade and Consumer
Protection (DATCP) a number of powers related to organisms that are injurious to
plants, animals, and humans (pests). Under the law, DATCP inspectors may enter
any property at any reasonable time for purposes of inspection, investigation, and
control of suspected pest infestations; may stop any person or vehicle believed to be
carrying plants or other materials infested with pests; and may seize and destroy
infested plants and other materials transported in violation of any law, rule, or
quarantine.
Under this bill, before a DATCP inspector may enter property other than
agricultural lands or agricultural business premises for purposes of inspection,
investigation, or control of a suspected pest infestation, DATCP must request the
permission of the owner of the property. If the owner does not give permission,
DATCP may not proceed without an inspection warrant.
Under current law, DATCP may also order the owner of property where a pest
infestation occurs to treat the property or treat or destroy infested plants or other
material. The owner may appeal the order within ten days. If the owner fails to
comply with the order within ten days, DATCP may treat the property or treat or
destroy the infested plants or other material and charge the owner for the work.
Under this bill, before DATCP may order the owner of property where a pest
infestation occurs, other than agricultural lands or agricultural business premises,
to treat the property or treat or destroy infested plants or other material, DATCP
must first ask the owner to do so. If the owner does not agree, DATCP may issue an
order. The owner has 30 days to appeal the order and, if the owner appeals, DATCP
may not treat the premises or treat or destroy the infested plants or other material
while the appeal is pending.