Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 01 - Plant Diseases, Insects and Weeds › Non-Native Plant Species › Section 2-1-3-01-141.03 - DESTRUCTION OF PLANTS

Current through June 25, 2024
After obtaining a permit, if the permit holder abandons
						or ceases to maintain or cultivate the plants authorized by the permit, if the
						permit expires without being renewed or if the permit holder ceases to abide by
						the conditions of the permit, the permit holder shall immediately remove and
						destroy the plants that are subject to the permit. The permit holder shall
						notify the Department of the removal and destruction of the plants within 10
						days after such event.
If the Commissioner of Agriculture and Commerce:
a. Determines that the permit holder has
					 abandoned or is no longer maintaining or cultivating the plants subject to the
					 permit and has not removed and destroyed the plants authorized by the
					 permit;
b. Determines that the
					 continued maintenance or cultivation of the plants presents an imminent danger
					 to the public health, safety or welfare;
c. Determines that the permit holder has
					 violated the conditions of the permit;
d. Receives a notice of cancellation of the
					 surety bond; or
e. Finds that the
					 permit has expired without being renewed, the Commissioner may issue an order
					 of destruction to be effective immediately, prior to notice and a hearing,
					 directing the permit holder to immediately remove and destroy the plants
					 authorized to be cultivated under the permit. A copy of the order of
					 destruction shall be mailed by certified mail to the permit holder and to the
					 surety on his bond.
If, upon issuance of an order of destruction by the
						Commissioner, the permit holder fails to remove and destroy plants subject to
						the permit within 30 days after issuance of the order, or such shorter period
						as may be required by the public health, safety or welfare, the Commissioner or
						his representatives may enter the cultivated acreage and remove and destroy the
						plants that are the subject of the permit. The costs and expenses incurred by
						the Department in removing and destroying the plants subject to the permit
						shall be reimbursed to the Department by the permit holder within 30 days after
						the date the permit holder and the surety on his bond have been served with a
						copy of the department's invoice for costs and expenses incurred in removing
						and destroying the cultivated plants. Failure of the permit holder to timely
						reimburse the Department for the incurred costs and expenses entitles the
						Department to reimbursement from the surety on the bond. However, if the permit
						holder or the surety objects in writing to the reasonableness of the invoice
						before the expiration of said 30 day period, the permit holder or the surety is
						entitled to a hearing before the reviewing officer on this issue. The
						reasonableness of the invoice issue shall be heard by the reviewing officer in
						addition to any other issues brought up for hearing by the permittee in
						accordance with the next immediate paragraph.