2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 27 - Prevention of Plant Diseases (§§ 581 — 613o) › § 613c - Powers of Secretary

The Secretary is hereby empowered to:
(a) Promulgate such regulations and prescribe such measures to govern propagation establishments or nurseries in Puerto Rico, including the inspection and registration of same and the inspection and certification of vegetative material for propagation and the movement in Puerto Rico of vegetative material for propagation from said nurseries, as may be necessary to eradicate, control or prevent the propagation of plant pests.
(b) Establish through regulation the conditions under which the introduction and the movement in Puerto Rico of plants and plant products or vegetative material for propagation from other states, territories and districts of the United States, as well as from other countries, may be permitted.
(c) Declare as public nuisance any plant pest, as well as any plant product or other thing infested or infected with such plant pests or that may have been exposed to infestation or infection with such pests.
The declaration of public nuisance shall be notified in writing to the owner or person in charge of the place where the nuisance is, who shall be under obligation to destroy or order the destruction of the plant pest, plant, plant product, or vegetative material for propagation, without any compensation to the owner, if satisfactory treatment is not possible in the manner directed in the notice.
In case the owner or person in charge fails or refuses to comply with the terms of the notice, within the reasonable time established in said notice, the Secretary may proceed to give treatment to or destroy the plant pest, plant, plant product or vegetative material for propagation infested or infected, without payment of any compensation whatsoever. The expenses incurred by the Department to carry out such treatments or destruction shall be charged to the owner of such plants, products or materials. The provisions of § 613f of this title shall be applicable to the provisions hereof. Any person who, after having been notified of a public nuisance as provided in this section, disobeys the notice and refuses to eradicate or destroy said plant pest, plant, plant product or vegetative material for propagation, or who obstructs or attempts to obstruct said destruction or eradication shall be guilty of a misdemeanor and shall be subject to the penalties provided in §§ 613—613n of this title.
(d) Promulgate quarantine or quarantines with respect to any region or place in Puerto Rico or with respect to any state, territory or district of the United States, or foreign country, in which he may determine that any plant pest exists, and to prohibit the introduction or movement in Puerto Rico of any plant, plant product or thing coming from the area or place where such pest exists, when it is determined that such measure is necessary to protect the agricultural interests of Puerto Rico. In such cases, the quarantine may be absolute, or regulations may be adopted to prescribe the method and manner under which the prohibited goods may be moved to or within Puerto Rico and in which they may be sold or otherwise disposed of in Puerto Rico.
(e) Act by himself of through cooperation agreements with other persons, agencies or instrumentalities of the federal, Commonwealth or municipal Governments to enforce the measures that may be necessary to eradicate, suppress, control or prevent the introduction or propagation of plant pests in Puerto Rico.
(f) Limit or authorize through regulation the entry at those entry ports or entry places where facilities exist for the treatment or control of plant pests, of those plants, vegetative material for propagation or any other goods or material on which any quarantine prohibition exists.
(g) Promulgate those regulations or measures he deems necessary to require inspection for the shipment of plants, plant products and vegetative material for propagation, and to certify that same are apparently free from plant pests.
(h) Perform all necessary acts to attain the objectives of §§ 613—613n of this title.
(i) Fix and charge fees for the inspection of nurseries, farms which produce seeds for export, vegetable material, and maritime facilities; for taking samples and making the analysis of all matter related to the export and import of any of the vegetable materials contemplated in §§ 613—613n of this title, as well as any other service provided by the Department of Agriculture as established through regulations to that effect.
—June 5, 1973, No. 93, p. 397, § 4; Feb. 15, 2002, No. 35, § 1.
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