(a) Persons in a quarantined area shall maintain premises
in sanitary condition, with regard to regulated articles and the quarantined
pest.
(1) When fruit is present at a location, maintenance
shall be performed at least once every 21 days, to prevent accumulation
of and to remove all fruit that is fallen, decomposing, culled, or
not to be harvested, and immediately dispose of such fruit, according
to paragraph (3) of this subsection.
(2) Within the harvest period, each person shall clean
fallen, refuse, or cull fruit from his or her premises once in each
seven-day period and immediately dispose of such fruit, according
to paragraph (3) of this subsection.
(3) Fruit that is fallen, decomposing, culled or not
to be harvested shall be:
(A) buried at a depth of not less than 18 inches below
the surface of well-tamped soil; or
(B) disposed of in another manner that prevents reproduction
of the quarantined pest and is approved by the department.
(4) A person maintains an unsanitary condition with
regard to regulated articles and the quarantined pest if the person:
(A) is not compliant with the requirements and restrictions
in paragraphs (1) , (2) , and (3) of this subsection; or
(B) has host fruit on trees on the premises during
the host-free period.
(b) It is a public nuisance to maintain premises in
a quarantined area in unsanitary condition.
(c) The department may order each owner, part owner,
or caretaker of premises subject to this subchapter to place the premises
in sanitary condition with regard to regulated articles and the quarantined
pest.
(1) The order shall be in writing, dated, and signed
or stamped by the commissioner or the commissioner's designee.
(2) The order shall direct the owner, part owner, or
caretaker to place the premises in sanitary condition under the supervision
of an inspector of the department.
(3) If the owner is a nonresident, the department shall
give the owner a 10 day notice of the order by registered mail.
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