(1) Any person, firm or corporation owning or operating a nursery, a fruit orchard, a hopyard, a flower garden or ornamental trees, and knowing the nursery, fruit orchard, hopyard, flower garden or ornamental trees to be infested or infected with any kind of insect pest or disease that is or may become a menace to horticultural or farm crops, or on being served with a written notice by the State Department of Agriculture that such nursery, fruit orchard, hopyard, flower garden or ornamental trees are so infested or infected, shall immediately spray or destroy the nursery, fruit orchard, hopyard, flower garden or ornamental trees in such manner as the department directs.
(2)(a) “Infested” means when the adult, egg or larvae form of the insect is found in such numbers as, in the opinion of the department, to be a menace to horticultural or farm crops.
(b) “Infected” means any appearance of a disease on such trees or plants that may be a menace to horticultural or farm crops. [Amended by 2005 c.22 §388]
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