Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Section 3.1-188.22 (Repealed effective October 1, 2008) Abundance surveys; eradication or suppression of pests; right ...

§ 3.1-188.22. (Repealed effective October 1, 2008) Abundance surveys; eradication or suppression of pests; right ...

The Commissioner, through his assistants shall direct abundance surveys for plant pests and is authorized to carry out operations or measures to locate, to suppress, control, or eradicate, or to prevent or retard the spread of pests. When the Commissioner determines that a new or dangerous or highly injurious plant pest exists within the Commonwealth or that an established pest requires control and the nature of the pest dictates immediate action, he may proceed with eradication or suppression. Provided further that whenever the Commissioner or his agents intend to go upon any property for the purpose of eradicating or suppressing pests, said Commissioner or his agents shall before entering upon any such property, give a written notice to the owner or occupant thereof at least twenty-four hours prior to such entry, setting forth in detail the purpose or purposes for which such entry shall be made.

In the event the Commissioner determines a plant pest does not require immediate action, he shall report his findings, including the nature of the pest and method of proposed treatment, to the Board in writing and to the property owners or persons in charge of the property concerned by printing a copy thereof, at least once, in at least one newspaper of general circulation in the locality concerned. In case of objection to the action proposed, an appeal shall lie to the Board. Such appeal must be taken within seven days from the issue of the notice and shall act as a stay of proceedings insofar as the property of the person noting the appeal is concerned until it is heard and decided.

(1975, c. 29; 1980, c. 291.)

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Last modified: April 2, 2009