.11 Treatment or Destruction Orders.

A. Nursery stock infested or infected with a plant pest (See Regulation .12A—B of this chapter) shall be ordered treated or destroyed.

B. The owner, tenant, or person in charge of nursery stock covered by a treatment order shall:

(1) Learn from the inspector of suitable techniques for control of the pests;

(2) Have the nursery stock treated; and

(3) Inform the inspector in writing when pests have been controlled.

C. If a suitable control technique is not available, or if control is not obtained, or if the owner, tenant, or person in charge of the nursery stock fails to comply with a treatment order, nursery stock shall be destroyed by the owner in a manner approved and supervised by the Department.

D. If the owner, tenant, or person in charge refuses or fails to comply with the destruction order, the:

(1) Department shall seize, destroy, or treat the infested or infected nursery stock; and

(2) Owner shall pay costs.