The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 6 V.S.A. § 4027)
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§ 4027. Diseased or infested stock; stop-sale; destruction
(a) Only sound, healthy nursery stock that will maintain its vigor shall be offered for
sale. Offering for sale stock that is diseased or infested with injurious pests is
a violation of this chapter. Whenever the Secretary has reason to believe that any
nursery, nursery grower, or nursery dealer in the State has produced, introduced,
installed, sold, or offered for sale diseased or infested nursery stock, the Secretary
shall inspect that nursery. If, upon inspection, the Secretary finds any diseased
or infested stock, the Secretary may order the plants, either individually or in blocks,
to be:
(1) put on stop-sale;
(2) treated in a particular manner; or
(3) destroyed according to the Secretary’s instructions.
(b) Plants ordered destroyed or placed on stop-sale must be clearly separable from noninfested
stock. Any order to destroy or place plants on stop-sale may be made verbally and
shall be issued in writing within seven days or as soon as practicable. The written
order shall include the reason for action, a description of the nursery stock affected,
instructions to separate and tag all nursery stock subject to the order, any recommended
treatment, and a reference to the appeal rights set forth under subsection (c) of
this section. Stop-sale tags may not be removed except by written permission of the
Secretary or upon suitable disposal of the infested plants as determined by the Secretary.
(c) A person issued any order under subsection (a) of this section may appeal that order
to the Secretary within 15 days after receiving the order. The person shall make an
appeal by letter to the Secretary and shall state any grounds and designate the plants
affected. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 5; 2023, No. 73, § 20, eff. July 1, 2023.)