| (a) Each lot of regulated articles sold, transported
or distributed within this state shall have a unique identifying number
and be accompanied by an invoice, receipt, or other document(s) containing
the following information:
(1) the identifying number of each lot of the regulated
articles;
(2) the name, address, and telephone number of the
producer of the regulated articles;
(3) if in transit, the name, address, and telephone
number of the person to whom the regulated articles are to be delivered;
and
(4) the genus or widely recognized common name of the
regulated article(s) and the number of individual regulated articles
distributed or transported.
(b) A copy or copies of the document(s) required by
subsection (a) of this section shall be provided to each person, other
than a retail buyer, receiving all or a portion of the lot of regulated
articles.
(c) A person, other than a retail buyer, shall not
accept a distribution of regulated articles from any person unless
accompanied by the documentation required by subsection (a) and/or
subsection (b) of this section.
(d) Any person or organization who produces, sells,
leases, or offers for sale or otherwise receives, or holds regulated
articles for sale to any business outlet for resale purposes shall
maintain a copy or copies of the document(s) required by subsection
(a) and/or subsection (b) of this section for a period of at least
three years after the sale or other distribution of the regulated
article. Copies of the documents are not required to be maintained
by the end user (grower or homeowner).
(e) A person required to maintain records under subsection
(d) of this section shall, upon written request of the Department,
deliver copies of the records by mail, facsimile, commercial carrier,
hand-delivery, electronic or other means during normal business hours.
(f) A rebuttable presumption that the regulated articles
for which records are to be maintained under subsection (d) of this
section constitute quarantined articles is created if:
(1) the distributor fails to produce records or copies
of records pursuant to a written request under either subsection (e)
of this section or this subsection; or
(2) a regulated article with a tag or label required
by this subchapter does not correspond with the records required to
be maintained under subsection (d) of this section.
(g) Regulated articles deemed quarantined articles
under subsection (f) of this section shall be seized by the Department
and shall not be further distributed without the written permission
of the Department.
(1) The Department shall hand-deliver notice of seizure
order to the owner, or a representative of the owner at least 18 years
of age, at the owner's place of business, listing the number and description
of the regulated articles seized, stating the reason for seizure and
the time period for rebutting the presumption set forth in subsection
(f) of this section, and bearing the signature of the Department's
inspector or representative seizing the regulated articles.
(2) The presumption that regulated articles are quarantined
articles may be rebutted by providing:
(A) adequate documentation or other assurances regarding
the state and country of origin of the regulated articles and the
chain of custody of the regulated articles from origin to the person
affected by the order; or
(B) an adequate demonstration that the plants or plant
products do not or cannot host a plant pest or plant disease for which
a quarantine has been imposed under either state or federal law.
(h) For each treatment applied pursuant to §21.6(b)
of this chapter (relating to Restrictions), records shall be maintained
by the nursery for four years following the last treatment date for
a given lot of regulated articles. Required records for each mandatory
treatment shall include, but are not limited to:
(1) The lot numbers of plants treated;
(2) The pesticides applied, including application dates;
(3) EPA registration number of each product used;
(4) Application rate and method of treatment; and
(5) Name of applicator.
(i) The nursery shall make available all required records
to the Department upon request for inspection.
(j) Each failure to comply with a requirement of this
section constitutes a separate violation for which an administrative
penalty may be assessed and each day a violation continues or occurs
may be considered a separate violation.
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