Section 286.206 - Annual inspections of nurseries, heeling-in grounds, cellars, or warehouses; fee; certificate of inspection; term; unlawful sale, shipment or certificate; basis for charging inspecti - Michigan Statutes

THE INSECT PEST AND PLANT DISEASE ACT (EXCERPT)
Act 189 of 1931

286.206 Annual inspections of nurseries, heeling-in grounds, cellars, or warehouses; fee; certificate of inspection; term; unlawful sale, shipment or certificate; basis for charging inspection fee; review and adjustment of fees schedule.

Sec. 6.

(1) The director shall cause to be inspected at least once each year during the growing season all nurseries in the state to ascertain whether they are infested with insect pests or infected with plant diseases. The director shall cause to be inspected all nursery stock which will be stored or offered for sale or which is stored in cellars, heeling-in grounds, or warehouses to ascertain whether it is infested with insect pests or infected with plant diseases and assess an inspection fee.

(2) If upon the inspection of any nursery stock it is determined that the nursery stock or nursery and its premises are apparently free from insect pests and plant diseases, and if the necessary inspection fees have been paid, the director shall give or send to the owner of each nursery or of the nursery stock or to the person in charge of the nursery or nursery stock a certificate executed by the director setting forth the fact of the inspection. If any inspections are requested by any nursery after September 1, the nursery or applicant shall pay, in addition to the inspection fee, the expense of the inspector and mileage at the prevailing rate per mile, as established by the state administrative board, in going to and returning from the inspection, either from Lansing or the location of the nearest inspector.

(3) Certificates of inspection are valid from November 1 in 1 year to October 31 of the following year. Any nursery owner may request a second inspection be performed, prior to offering for sale or removing or shipping from a nursery or other premises, provided that the nursery owner or applicant pays an inspection fee based upon the actual cost to the department of agriculture of such inspection.

(4) A person shall not sell, offer for sale, or remove or ship from a nursery or other premises any nursery stock until the nursery stock has been officially inspected and a certificate or permit covering it has been granted by the director, except that nursery stock may be shipped to the director without an inspection and certification.

(5) The director shall not grant a certificate of inspection to private landowners who are about to sell or remove trees or plants originally supplied from the state, federal, or state and federal nurseries or by any political subdivision or its agencies.

(6) The director shall charge an inspection fee based upon the cost to the department of agriculture of making the inspection. However, the director shall adjust the schedule of fees for the costs of making the various inspections of nursery stock, plants, and plant materials as required by this act. The director shall review and adjust its schedule of fees for the inspections at the end of each fiscal year. In any given fiscal year, the director may raise initial inspection fees by no more than 50%. The commission of agriculture shall approve all adjustments to the initial fees before they are adopted.

History: 1931, Act 189, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 246, Imd. Eff. July 10, 1933 ;-- Am. 1935, Act 232, Eff. Sept. 21, 1935 ;-- Am. 1937, Act 71, Imd. Eff. June 11, 1937 ;-- CL 1948, 286.206 ;-- Am. 1955, Act 255, Eff. Feb. 3, 1956 ;-- Am. 1961, Act 239, Eff. Sept. 8, 1961 ;-- Am. 1995, Act 137, Imd. Eff. July 10, 1995 ;-- Am. 2007, Act 84, Imd. Eff. Sept. 30, 2007
Admin Rule: R 285.610.1 et seq. and R 285.619.1 et seq. of the Michigan Administrative Code.