SUPPLEMENTAL STATUTORY CHANGES-1959 SESSION for?ement of said laws, rules and regulations;
to mvestigate violations of the provisions of the agricultural laws of the state and rules and regulations promulgated by th'e authority of said laws and to report its findings or rec-ommendations in connection therewith to the commissioner; to submit with the consent of the commissioner for enactment by the legis-lature such draft or drafts of legislation in re-gard to agriculture as it may deem necessary; to suggest or recommend, on its own initiative policies and practices for the conduct of th~ department's business to the commissioner and executive officers of the department which sug-gestions or recommendations the commissioner and executive officers shall duly consider but not be bound by.
(2) To adopt rules and regulations, not in-consistent with law, to govern its own proceed-ings, a copy of which rules shall be filed in the office of the commissioner. The secretary shall keep a complete record of all its proceed-ings which shall show the names of the mem-bers present at each meeting and any action taken by the council. The record shall be filed in the office of the department and shall be a public record. All records and other documents of the department relating to matters within the jurisdiction of the council shall be sub-ject to inspection by the members of the coun-cil.
Blstory.-§1, ch. 59-54.
570.26 Same; ex officio members.-The di-rector of the agricultural extension service of the university of Florida, the director of the experiment station of the university of Florida, and the provost of agriculture of the university of Florida shall be ex officio members of the council without the right to vote.
Hlstory.-§1, ch. 59-54.
570.27 Same; compensation.-The members of the council shall receive no compensation for their services, except that they shall receive per diem as provided in §112.061, and their legal traveling expenses when actually engaged on the business of the council.
Blstory.-§1, ch. 59-54.
570.28 Same; clerical help and space.-The commissioner shall detail from time to time to the assistance of the council such employees of the department as may be required, and shall provide suitable space in the offices of the de-partment for the meetings and records of the council.
Blstory.-§1, ch. 59-54.
570.29 Departmental divisions.-The depart-ment of agriculture shall be organized into nine divisions, as follows:
(1) Administration (2) Plant industry (3) Animal industry ( 4) Dairy industry (5) Inspection (6) Standards
(7) Fruit and vegetable inspection (8) Chemistry
(9) Marketing. Hlstory.-§1, ch. 59-54.
570.30 Division of administration; powers and duties.-The division of administration shall be divided into not less than four sec-tions as follows: however, it shall also render any other services required by the commissioner and the several divisions of the department that can advantageously and effectively be cen-tralized and other functions of the department that are not specifically assigned by law to some other division;
(1) RECORDS.-It shall be the duty of this section to conduct a central record-keeping sys-tem to service the entire department and a sec-retarial pool to provide stenographic and secre-tarial services for as much of the department as possible;
(2) PERSONNEL.-It shall be the duty of this section to keep the personnel records of all the department's employees and administer the department's rules and regulations pertain-ing to personnel and personnel practices;
(3) FISCAL AND AUDITING.-It shall be the duty of this section to conduct all the fiscal and auditing work of the department, includ-ing but not restricted to payroll, purchasing, supply, auditing and budget preparation; and,
(4) GENERAL SERVICES.-It shall be the duty of this section to conduct such services as mailing for the department, maintenance of buildings and any other service which cannot be efficiently and economically conducted in any other section.
Hlstory.-§1, ch. S9-S4.
570.31 Same; director;
duties.-(1) The assistant commissioner of agricul-ture shall serve as the director of this division.
(2) It shall be the duty of the director to supervise, direct and coordinate the activities provided in §570.30.
Blstory.-§1, ch. 59-54.
570.32 Division of plant industry; powers and duties.-The division of plant industry shall be divided into not less than six sections as follows:
(1) ENTOMOLOGY.-It shall be the duty of this section to identify insects and mites sub-mitted, conduct surveys of agricultural and hor-ticultural crops to determine insect or mite pop-ulations present, and to carry on investigations of methods of control, eradication and preven-tion of dissemination of insect or mite pests.
(2) PLANT PATHOLOGY.-It shall be the duty of this section to identify plant diseases from samples submitted, conduct surveys of agricultural and horticultural crops to deter-mine plant diseases present, and to carry on investigations of methods of control, eradica-tion and prevention of dissemination of plant diseases.
(3) NEMATOLOGY.-It shall be the duty 3351
of this section to identify nematodes submitted, conduct surveys of agricultural and horticul-tural crops to determine nematode population present, and to carry on investigation~ of meth-ods of control, eradication and prevention of dissemination of nematode pests.
(4) APIARY.-It shall be the duty of this section to enforce the laws of the state and the rules and regulations of the department relat-ing to honeybees and the control and eradica-tion of honeybee diseases.
(5) PLANT INSPECTION.-It shall be the duty of this section to inspect all nurseries in the state and enforce the laws of the state and the rules and regulations of the department per-taining to plants and plant products. This sec-tion shall also provide all supervisory personnel for control and eradication programs under-taken by the division of plant industry.
(6) SEED LABORATORY.-It shall be the duty of this section to perform those services and duties pertaining to purity and germina-tion testing of commercial seeds offered for sale in this state as required under chapters 575 and 578, and to enforce those provisions of said chapters as directed by the commission-er. The physical location of the seed laboratory shall be in Tallahassee.
Blstory.-§1, ch. 59-54.
570.33 Same; director; qualifications; du-
ties.-(1) The commissioner shall appoint a direc-tor of the division of plant industry in conform-ity with §570.35, who may be known as the plant commissioner.
(2) No person shall be appointed plant com-missioner that does not possess the following minimum qualifications:
(a) An expert who has at least five years experience in the regulation, control, eradica-tion and preveneradica-tion of the disseminaeradica-tion of in-sect, mite and nematode pests and plant dis-eases.
(b) A person of recognized ability in reg-ulatory plant industry work.
(c) A graduate of a recognized and repu-table college of agriculture with training in plant science.
(3) The director shall be responsible for protecting the plant industry of the state and to that end he shall under the direction of the commissioner direct, coordinate and enforce the activities in chapters 581 and 584.
History.-§ 1, ch. 59-54.
of office of these six members shall be concur-rent with their terms of office as members of the council.
(2) The remaining member shall be appoint-ed by the commissioner of agriculture subject to the following qualification:
(a) Such member shall be an additional citrus fruit representative and shall be appoint-ed by the commissioner subject to the same qualifications and by the same procedure as prescribed in §570.23, for membership to the council by the citrus representative.
(b) The term of office of the second citrus fruit representative provided for in this subsec-tion shall be for two years or until his succes-sor is duly appointed and qualified.
(3) The terms of office of members of the first technical committee shall date from Janu-ary 15, 1961.
( 4) Immediately after their appointment, the members of this technical committee shall meet and organize by the election of a chair-man and vice-chairchair-man, whose terms of office shall be for one year.
(5) This technical committee shall meet at the call of its chairman or secretary, at the request of a majority of its membership, at the request of the commissioner, and at such times as may be prescribed by its rules, not less fre-quently, however, than quarterly.
(6) A majority of the members of this tech-nical committee shall constitute a quorum for all purposes, and an act by a majority of such quorum at any meeting shall constitute an offi-cial act of this technical committee.
(7) The members of this technical commit-tee shall receive no compensation for their serv-ices, except that they shall receive per diem as provided in §112.061, and their legal travel-ing expenses when actually engaged on the bus-iness of this technical committee.
Hlstory.-§1, ch. 59-54.
570.35 Same; powers and duties.-The plant industry technical committee shall, with re-spect to its field of work and that of the division of plant industry of the department with which it is associated, have the following powers and duties:
(1) To consider and study the entire field of plant industry; to advise, counsel and con-sult with the commissioner and the director upon their request in connection with the pro-mulgation, administration and enforcement of all laws, rules and regulations relating to plant industry; to consider all matters submitted to 570.34 Plant industry technical committee; it by the commissioner or the director; to offer membership; terms; meetings; quorum; com- suggestions and recommendations to the com-pensation.-The plant industry technical com- missioner and the director on its own initiative mittee which may be known as the state plant in regard to changes in the laws, rules and reg-board, is hereby created and shall be composed ulations relating to plant industry, as may be of seven members as follows: deemed advisable to secure the effective
admin-(1) The citrus, vegetable, ornamental horti- istration and enforcement of said laws, rules culture, seed, forestry, and citizen-at-large rep- and regulations; to investigate violations of resentatives who serve on the state agricultural the provisions of chapters 581 and 584, and advisory council shall constitute six of the rules and regulations promulgated by the au-seven memoer technical committee. The terms thority of said chapters and to report its
find-SUPPLEMENTAL STATUTORY CHANGES-1959 SESSION ings or recommendations in connection
there-with to the commissioner and the director; to submit with the consent of the commissioner for enactment by the legislature such draft or drafts of legislation in regard to plant in-dustry as it may deem necessary; to suggest or recommend, on its own initiative, policies and practices for the conduct of the business of the division of plant industry of the depart-ment to the commissioner and the director which suggestions or recommendations the com-missioner and director shall duly consider.
(2) To adopt rules and regulations, not in-consistent with law, to govern its own proceed-ings, a copy of such rules shall be filed in the office of the commissioner. The director shall serve as the secretary to the committee and shall keep a complete record of all its proceed-ings which shall show the names of the mem-bers present at each meeting and any action taken by the committee. The record shall be filed in the office of the commissioner and shall be a public record. All records and other docu-ments of the division of plant industry relat-ing to matters within the jurisdiction of the committee shall be subject to inspection by the members of the committee.
(3) To confirm the appointment or release by the commissioner of the director.
(4) To confirm or reject technical rules and regulations proposed by the commissioner and promulgated by him under the authority of chapters 581 and 584.
(5) To declare an emergency when such exists as defined in chapter 581, and make, adopt and promulgate technical rules and regu-lations which would be effective during the term of said emergency.
Hlstory.-§1, ch. 59-54,
570.36 Division of animal industry; powers and duties.-The division of animal industry shall be divided into not less than eight sec-tions as follows:
(1) BRUCELLOSIS AND TUBERCULOSIS. -It shall be the duty of this section to enforce those provisions of chapter 585, and rules and regulations adopted pursuant thereto, relating to testing, supervising, controlling and eradi-cating brucellosis and tuberculosis in livestock.
(2) TICK ERADICATION.-It shall be the duty of this section to enforce those provisions of chapter 585 and rules and regulations adopt-ed pursuant thereto, relating to the dipping, inspection, quarantine, and eradication of the cattle fever tick.
(3) CONTAGIOUS AND INFECTIOUS DISEASES.-It shall be the duty of this sec-tion to enforce those provisions of chapter 585 and rules and regulations adopted pursuant thereto, relating to the control and eradication of dangerous transmissible diseases of livestock other than the control and eradication of those diseases specifically delegated to another sec-tion of the division of animal industry and to enforce those provisions of chapter 534, and rules and regulations adopted pursuant thereto,
relating to recordation of livestock marks and brands and such other provisions of such chap-ter as directed by the commissioner.
(4) POULTRY SERVICES.-It shall be the duty of this section to enforce those provisions of chapter 585, and rules and regulations adopt-ed pursuant thereto, relating to the enforce-ment of the provisions of the national poultry improvement plan and the national turkey im-provement plan.
(5) MASTITIS.-It shall be the duty of this section to enforce those provisions of chapter 585, and rules and regulations adopted pursuant thereto, relating to inspection for detection of mastitis infection in dairy cattle and supervi-sion of milking operations.
(6) DIAGNOSTIC LABORATORIES. - It shall be the duty of this section to operate and manage the large animal and poultry disease diagnostic laboratories as provided in chapter 585.
(7) SCREWWORM.-It shall be the duty of this section to enforce those provisions of chap-ter 585, and rules and regulations adopted pur-suant thereto relating to the eradication of screwworm.
(8) MEAT INSPECTION.-It shall be the duty of this section to enforce §585.34, relating to inspection of meats in Florida, and the rules and regulations adopted pursuant thereto, and the provisions of law relating to ante and post-mortem inspection of poultry when such serv-ices are instituted by the department.
Hlstory.-§1, ch. 59-54.
570.37 Same; director; qualifications; du-
ties.-(1) The commissioner shall appoint a di-rector of the division of animal industry in conformity with §570.39, who may be known as the state veterinarian.
(2) No person shall be appointed state vet-erinarian who does not possess the following minimum qualifications:
(a) An expert who has at least five years experience in the regulation, control, eradica-tion and prevention of contagious, infectious and communicable diseases of cattle, hogs, poul-try and other domestic animals including but not limited to the following pests and diseases: Fever ticks, tuberculosis, hog cholera, brucel-losis, hemorrhagic septicemia, anthrax and screwworms.
(b) A person of recognized ability in regu-latory veterinary medicine;
(c) A graduate of a recognized and repu-table college of veterinary medicine;
(3) The director shall be responsible for protecting the animal and livestock interests of the state and to that end he shall under the direction of the commissioner direct, coordinate and enforce the activities contained in chap-ters 585 and 534.
History.-§1, ch. 59-54.
570.38 Animal industry technical commit-tee; membership; terms; meetings; quorum;
cornpensation.-The animal industry technical committee which may be known as the Florida livestock board is hereby created and shall be composed of seven members as follows:
(1) The beef cattle, swine, dairy and poul-try representatives who serve on the state agri-tural advisory council shall constitute four of the seven member technical committee. The terms of office of these four members shall be concurrent with their terms of office as mem-bers of the council.
(2) The remaining three members shall be representatives of the beef cattle industry and shall be appointed by the commissioner sub-ject to the same qualifications and by the same procedure as prescribed in §570.23, for mem-bership to the council by the beef cattle repre-sentative except that under the provision of this subsection each recognized state-wide or-ganization representing the beef cattle indus-try shall recommend no less than six nor more than nine candidates to fill these three seats on the technical committee. The terms of office of the three members provided for in this sub-section shall be for two years or until their successors are duly appointed and qualified.
(3) The terms of office of members of the first technical committee shall date from Janu-ary 15, 1961.
( 4) Immediately after their appointment, the members of this technical committee shall meet and organize by the election of a chairman and vice-chairman, whose terms of office shall be for one year.
(5) This technical committee shall meet at the call of its chairman or secretary, at the re-quest of a majority of its membership, at the request of the commissioner, and at such times as may be prescribed by its rules, not less fre-quently, however, than quarterly.
(6) A majority of the members of this tech-nical committee shall constitute a quorum for all purposes, and an act by a majority of such quorum at any meeting shall constitute an of-ficial act of this technical committee.
(7) The members of this technical commit-tee shall receive no compensation for their serv-ices, except that they shall receive per diem as provided in §112.061, and their legal travel-ing expenses when actually engaged on the bus-iness of this technical committee.
History.-§ 1. ch. 59-54.
570.39 Same; powers and duties.-The ani-mal industry technical committee, shall, with respect to its field of work and that of the divi-sion of animal industry of the department with which it is associated, have the following pow-ers and duties:
(1) To consider and study the entire field of animal industry; to advise, counsel and consult with the commissioner and the director upon their requests in connection with the promulga-tion, administration and enforcement of all laws, rules and regulations relating to animal industry; to consider all matters submitted to
it by the commissioner or the director, to offer suggestions and recommendations to the com-missioner and the director on its own initiative in regard to changes in the laws, rules and reg-ulations relating to animal industry, as may be deemed advisable to secure the effective administration and enforcement of said laws, rules and regulations; to investigate violations of the provisions of chapters 585 and 534, and rules and regulations promulgated by the au-thority of said chapter and to report its find-ings or recommendations in connection there-with to the commissioner and the director; to submit with the consent of the commissioner for enactment by the legislature such draft or drafts of legislation in regard to animal indus-try as it may deem necessary; to suggest or recommend, on its own initiative, policies and practices for the conduct of the business of the division of animal industry of the depart-ment to the commissioner and the director which suggestions or recommendations the com-missioner and director shall duly consider.
(2) To adopt rules and regulations, not in-consistent with law, to govern its own proceed-ings, a copy of such rules shall be filed in the office of the commissioner. The director shall serve as the secretary to the committee and shall keep a complete record of all its proceedings which shall show the names of the members present at each meeting and any action taken by the committee. The record shall be filed in the office of the commissioner and shall be a public record. All records and other documents of the division of animal industry relating to mat-ters within the jurisdiction of the committee shall be subject to inspection by the members of the committee.
(3) To confirm the appointment or release by the commissioner of the director.
( 4) To confirm or reject technical rules and regulations proposed by the commissioner and promulgated by him under the authority of chapter 585.
(5) To declare an emergency when such ex-ists as defined in chapter 585, and make, adopt and promulgate technical rules and regulations which would be effective during the term of said emergency.
History.-§1, ch. 59-54.
570.40 Division of dairy industry; powers and duties.-The division of dairy industry shall be divided into not less than three sec-tions as follows:
(1) DAIRY FARM INSPECTION.-It shall be the duty of this section to inspect dairy farms of the state and to enforce those provi-tions of chapter 502, as authorized by the com-missioner.
(2) MILK AND MILK PRODUCTS PLANT INSPECTION.-It shall be the duty of this sec-tion to inspect milk plants, milk product plants, and plants engaged in the manufacture and dis-tribution of frozen desserts and frozen des-serts mix and to enforce those provisions of
SUPPLEMENTAL STATUTORY CHANGES-1959 SESSION
chapters 502 and 503, as authorized by the com-missioner.
(3) MOBILE DAIRY LABORATORY.-It
shall be the duty of this section to analyze and test samples of milk, milk products, frozen des-serts and frozen desdes-serts mix collected by it and to enforce those provisions of chapters 502 and 503, as authorized by the commissioner.
History.-§ 1, ch. 59-54.
570.41 Same; director; qualifications; du-ties.
-(1) The director of the division of dairy industry shall be appointed by the commission-er and shall scommission-erve at his pleasure.
(2) No person shall be appointed director of the division of dairy industry who does not possess the following minimum qualifications: (a) A graduate of a recognized and repu-table college of agriculture;
(b) A person with at least four years' ex-perience in dairy farm and milk plant control supervision.
(3) The director shall supervise, direct and coordinate the activities of his division and to that end he shall under the direction of the commissioner enforce the provisions of chapters 502 and 503.
Hlstory.-§1, ch. 59-54.
570.42 Dairy industry technical committee; membership; terms; meetings; quorum; com-
pensation.-(1) The dairy industry technical committee is hereby created and shall be composed of seven members as follows:
(a) Two citizens of the state, one of whom shall be associated with the agricultural ex-tension service of the university of Florida and the other such citizen shall be associated with the college of agriculture of the university of Florida.
(b) The state health officer or some em-ployee of the state board of health;
(c) Two dairy farmers who are actively engaged in the production of milk in this state and who earn a major portion of their income from the said production of milk.
(d) Two distributors of milk. "Distributor" means any milk dealer who operates a milk gathering station or processing plant where milk is collected and bottled or otherwise pro-cessed and prepared for sale.
(2) The commissioner shall appoint the members of this technical committee except that his choice of appointment of the four members provided for in paragraphs (c) and (d) hereof shall be limited to nominations re-ceived from the governing bodies of recognized state-wide organizations representing the pro-ducer group and the distributor group of the dairy industry. These respective organizations shall each recommend no less than four nor more than six candidates to fill their respective two seats on the technical committee. Such nominations shall be made pursuant to proper provisions adopted and made a part of the
by-laws of the respective organizations. In the absence of nominations from the producer or distributor groups of the dairy industry, the commissioner shall appoint such persons as are qualified under the provisions of this section.
(3) Two members of the first technical com-mittee shall hold office until January 15, 1962, or until their successors are duly appointed and qualified and thereafter shall serve for a term of two years. The remaining three members shall serve for a term of two years. The terms of office of members of the first technical com-mittee shall date from January 15, 1961.
( 4) Immediately after their appointment, the members of this technical committee shall meet and organize by the election of a chair-man and vice-chairman, whose terms shall be for one year.
(5) This technical committee shall meet at the call of its chairman, secretary, or at the request of a majority of its membership, and at such times as may be prescribed by its rules, not less frequently, however, than quarterly.
(6) A majority of the members of this tech-nical committee shall constitute a quorum for all purposes, and an act by a majority of such quorum at any meeting shall constitute an offi-cial act of this technical committee.
(7) The members of this technical commit-tee shall receive no compensation for their
services, except that they shall receive per diem as provided in §112.061, and their legal traveling expenses when actually engaged on the business of this technical committee.
Hlstory.-§1, ch. 59-54.
570.43 Dairy industries technical commit-tee; powers and duties.-The dairy industry technical committee shall, with respect to its field of work and that of the division of dairy industry of the department with which it is as-sociated, have the following powers and duties:
(1) To consider and study the entire field of dairy industry; to advise, counsel and con-sult with the commissioner and the division di-rector upon their request in connection with the promulgation, administration and enforcement of all laws, rules and regulations relating to dairy industry; to consider all matters sub-mitted to it by the commissioner or the division director; to offer suggestions and recommen-dations to the commissioner and the division director on its own initiative in regard to changes in the laws, rules and regulations re-lating to dairy industry, as may be deemed advisable to secure the effective administration
and enforcement of said laws, rules and regu-lations; to investigate violations of the pro-visions of chapters 502 and 503 and rules and regulations promulgated by the authority of said chapters and to report its findings or recommendations in connection therewith to the commissioner and the division director; to sub-mit with the consent of the commissioner for enactment by the legislature such draft or drafts of legislation in regard to dairy industry as it may deem necessary; to suggest or
recom-mend,· on its own initiative, policies and
prac-tices for the conduct of the business of the
division of dairy industry of the department
to the commissioner and the division director which suggestions or recommendations the
com-missioner and the division director shall duly
consider.
(2) To adopt rules and regulations, not inconsistent with law, to govern its own
pro-ceedings, a copy of such rules shall be filed
in the office of the commissioner. The division director shall serve as the secretary to the committee and shall keep a complete record of
all its proceedings which shall show the names
of the members present at each meeting and any action taken by the committee. The record shall be filed in the office of the commissioner
and shall be a public record. All records and other documents of the division of dairy in-dustry relating to matters within the
jurisdic-tion of the committee shall be subject to
in-spection by the members of the committee. Hlstory.-§1, ch. 59-54.
570.44 Division of inspection; powers and
duties.-The division of inspection shall be divided into not less than three sections as
follows:
(1) FEED, SEED, FERTILIZER AND
PESTICIDE INSPECTION.-It shall be the duty of this section to inspect and draw sam-ples of: commercial feeds offered for sale in this state and to enforce those provisions of chapter 580, as authorized by the commissioner;
seeds offered for sale in this state and to
en-force those provisions of chapter 578, as
au-thorized by the commissioner; certified seed grown in this state and to enforce those
pro-visions of chapter 575, as authorized by the commissioner; commercial fertilizers offered for sale in this state and to enforce those
pro-visions of chapter 576, as authorized by the commissioner; and, pesticides offered for sale
in this state and to enforce those provisions of chapter 487, as authorized by the commissioner. (2) FOOD, GRADES AND STANDARDS INSPECTION.-It shall be the duty of this
sec-tion to conduct those general inspection activi-ties in regard to: foods offered for sale in this state and to enforce those provisions of
chap-ters 500 and 583, relating to foods as authorized
by the commissioner; weights, measures and standards of articles offered for sale in this state and to enforce those provisions of
chap-ter 531, as authorized by the commissioner,
dairy products offered for sale at retail in this
state and to enforce those provisions of chap-ters 502 and 503, as authorized by the
commis-sioner; and, the certification of honey and to enforce those provisions of chapter 586, as
au-thorized by the commissioner.
(3) ROAD GUARDS.-It shall be the duty of this section to operate and manage those
road guard inspection stations of the state and
to perform the general inspection activities re-lating to the movement cif agricultural,
horti-cultural and livestock products and
commodi-ties as directed by the commissioner and the
division director. History.-§!, ch. 59-54.
570.45 Same; director;
duties.-(1) The director of the division of
inspec-tion shall be appointed by the commissioner
and shall serve at his pleasure.
(2) It shall be the duty of the director of
this division to receive all reports from the
in-spectors of this division, to direct the inspec-tors in the performance of their duties under
instructions of the commissioner, and such
other powers and authority as authorized by the
commissioner. Ristory.-§1, ch. 59-54.
570.46 Division of standards; powers and duties.-The division of standards shall be
di-vided into not less than two sections as follows:
(1) GASOLINE AND OIL
STANDARDS.-It shall be the duty of this section to inspect
petroleum measuring devices and perform the
quality analysis as required under chapters 525 and 526.
(2) WEIGHTS AND MEASURES
STAND-ARDS.-It shall be the duty of this section to inspect all scales and measures in the state,
with the exception of druggists' scales, and to
carry out the provisions of chapter 531, re-lating to weights, scales and measuring devices.
History.-§!, ch. 59-54.
570.47 Same; director; qualifications;
du-
ties.-(1) The director of the division of
stand-ards shall be appointed by the commissioner
and shall serve at his pleasure.
(2) The director of this division shall be
an expert oil analyst in both education and
ex-perience and shall have experience in the cali-bration of weights, scales and measuring
de-vices.
(3) The director shall supervise, direct and
coordinate the activities of his division and to that end he shall under the direction of the
commissioner enforce the provisions of chap-ters 525, 526 and 531.
History.-§!, ch. 59-54.
570.48 Division of fruit and vegetable
in-spection; powers and duties.-The fruit and
vegetable division shall be divided into not less
than five sections as follows:
(1) CITRUS INSPECTION, FRESH. - It
shall be the duty of this section to perform such
duties related to the inspection and certification
of fresh citrus fruit shipments for maturity and
grade as required by rules and regulations pro-mulgated under the Florida citrus code; to per-form such inspection and certification duties
as may be assigned in connection with regula-tions issued under federal or state marketing
agreements or orders; and to perform other
in-spection and certification assignments as re-quested by and agreed upon with the applicant.
SUPPLEMENTAL STATUTORY CHANGES-1959 SESSION -It shall be the duty of this section to perform
such duties relating to inspection and
certifi-cation of the maturity and condition of fresh
citrus fruits to be processed as required by the
rules and regulations promulgated under the
Florida citrus code; to inspect and certify the grade, quality or condition of the finished pro-cessed pack, as required by rules or regulations promulgated under the Florida citrus code; to perform such inspection and certification duties as may be assigned in connection with regulations issued under federal or state mar-keting agreements or orders; to conduct in-spection of internal quality, and to perform other inspection and certification assignments as requested by and agreed upon with the applicant.
(3) VEGETABLE INSPECTION.-It shall
be the duty of this section to perform such duties relating to inspection and certification of vegetables, other fruits, melons and nuts as re-quested by and agreed upon with the applicant and to perform such inspection and certifica-tion duties as may be assigned in conneccertifica-tion
with regulations issued under federal or state
marketing agreements or orders.
(4) CITRUS BOND AND LICENSE.-It
shall be the duty of this section to perform such duties relating to enforcement of the
cit-rus bond and license law as required by
chap-ter 601.
(5) CITRUS, TECHNICAL-It shall be the
duty of this section to perform analyses on
waxes, dyes, and other substances used on
citrus fruit and to issue authorization for the use of said waxes, dyes, and other substances; to issue and maintain equipment issued to
in-spectors; to conduct necessary technical
inves-tigations relative to inspectional procedures; and to carry out the technical duties prescribed under the arsenical spray provisions of chapter 601, and such other technical duties as may be prescribed by the commissioner.
History.-§1, ch. 59-54.
570.49 Same; director;
duties.-(1) The director of the division of fruit and
vegetable inspection shall be appointed by the commissioner and shall serve at his pleasure.
(2) It shall be the duty of the director of
this division to direct and supervise the
over-all operation of the division and exercise such other powers and duties as authorized by the commissioner.
History.-§1, ch. 59-51.
570.50 Division of chemistry; powers and duties.-The chemistry division shall be di-vided into not less than four sections as fol-lows:
(1) FERTILIZER LABORATORY.-It shall
be the duty of this section to analyze samples of commercial fertilizer offered for sale in this
state as required under chapter 576.
(2) PESTICIDE LABORATORY.-It shall
be the duty of this section to analyze samples of pesticides, insecticides, fungicides,
rodenti-cides, herbirodenti-cides, fumigants, plant nutrients
and all other things included in the Florida
pesticide law, offered for sale in this state as required under chapter 487.
(3) FEED LABORATORY.-It shall be the
duty of this section to analyze samples of
com-mercial feed offered for sale in this state as
required under chapter 580.
(4) FOOD LABORATORY.-It shall be the
duty of this section to analyze samples of foods
in intrastate commerce or offered for sale in this state as required under chapter 500.
Bistory.-§1, ch. 59-54.
570.51 Same; director; qualifications; du-
ties.-(1) The director of the division of
chemis-try shall be appointed by the commissioner to serve at his pleasure, and shall be known as the state chemist.
(2) No person shall be appointed state
chemist who does not possess the following minimum qualifications:
(a) A person who is a professional chemist.
(b) A person who shall hold an advanced
degree in chemistry, conferred by a university whose department of chemistry is accredited by the American chemical society, or the equiva-lent.
(c) A person who has not less than ten
years of practical experience in analytical chemistry, including experience in the super-vision of an analytical laboratory.
(3) The director shall supervise, direct and
coordinate the activities of his division and en-force the provisions of chapters 487, 500, 576
and 580, as they pertain to the duties of the
state chemist. The director shall serve on the
fertilizer technical committee as provided in §576.09, and on the pesticide technical commit-tee as provided in §487.05.
Bistory.-§1, ch. 59-54.
570.52 Fertilizer and pesticide technical committees; powers and
duties.-(1) (a) The fertilizer technical committee
shall be composed of the state chemist, the
di-rector of the Florida agricultural experiment stations, the director of the Florida agricultural extension service, the field crops member of the state agricultural advisory council and the fertilizer and pesticide member of the state agricultural advisory council.
(b) The pesticide technical committee shall
be composed of the state chemist, the director of the Florida agricultural experiment stations, the director of the Florida agricultural exten-sion service, the field crops member of the state agricultural advisory council and a pesti-cide representative. The pestipesti-cide representa-tive shall be appointed by the commissioner subject to the same qualifications and by the same procedure as prescribed in §570.38, for membership to the council.
(2) (a) The fertilizer technical committee
shall, with respect to its field of work and that of the division of chemistry of the department
with which it is associated, have those powers and duties as provided in §576.09.
(b) The pesticide technical committee shall, with respect to its field of work and that of the division of chemistry of the department with which it is associated, have those powers and duties as provided in §487.05.
Hlstory.-§1, ch. 59-54.
570.53 Division of marketing; powers and duties.-The marketing division shall be di-vided into not less than four sections as fol-lows; which shall continue to operate from the same cities as they operated from during the year 1958.
(1) AGRICULTURAL INFORMATION.-It shall be the duty of this section to publish ag-ricultural bulletins and reports as defined in §570.21.
(2) STATE MARKETS.-It shall be the duty of this section to manage the operation of all the farmers' markets, livestock markets and state livestock and crop pavilions owned by the state and perform those duties and
respon-sibilities which are required of the department by §570.07 (18).
(3) LICENSE AND BOND.-It shall be the duty of this section to enforce the provisions of §§604.15-604.30, (the dealers in agricultural products law).
(4) MARKETING BUREAU.-It shall be the duty of this section to perform those re-sponsibilities which are required of the de-partment by §570.07 (17).
History.-§!, ch. 59-54.
570.54 Same; director;
duties.-(1) A director of the division of marketing may be appointed by the commissioner and shall serve at his pleasure.
(2) It shall be the duty of the director of this division to supervise, direct and coordinate the activities as authorized by §§570.21, 570.07 (17), 570.07 (18), and 604.15-604.30, and exer-cise such other powers and authority as author-ized by the commissioner.
History.-§1, ch. 59-54.
CHAPTER 576
AGRICULTURAL FERTILIZERS 576.09 Rules and
regulations.-(3) There is hereby created a "fertilizer technical committee" to be composed of the state chemist of Florida, the director of the Florida agricultural experiment stations, the director of the Florida agricultural extension service, the field crops member of the state agricultural advisory council and the fertilizer and pesticide member of the state agricultural advisory council. All "technical rules and regu-lations" adopted and promulgated hereunder shall be either first recommended to the com-missioner of agriculture by a majority of the fertilizer technical committee or first recom-mended to the fertilizer technical committee by the commissioner of agriculture. Both the fertilizer technical committee and the commis-sioner of agriculture are hereby authorized to recommend each to the other rules and regula-tions pertaining to the composition and uses of commercial fertilizer, including, without lim-iting the foregoing general terms, the taking and handling of samples, the establishment of tolerances, deficiencies, and penalties where not specifically provided for in this chapter; to pro-hibit the sale or use in fertilizer of any ma-terial proven to be detrimental to agriculture or of questionable value; to provide for the incorporation into commercial fertilizer of such other substances as pesticides and proper label-ing of such mixture; and to prescribe the infor-mation which shall appear on the tag, other than specifically set forth in this chapter.
(4) The commissioner of agriculture or any member of the fertilizer technical committee or any person, firm, or corporation, manufac-turing, offering for sale, selling, consuming, or otherwise using commercial fertilizer in the state may propose a rule or regulation and
such proposal shall be acted upon by the ferti-lizer technical committee within a reasonable time not exceeding sixty days after it is filed with the state chemist. Any person, firm, or corporation, with offices in or who is a resident of the state, interested in the manufacture, sale, consumption, or other use of commercial fertilizer in the state may file his name and address with the state chemist and request that he be furnished with a copy of any pro-posed rule or regulation, and thereafter the state chemist shall in not less than five days before a meeting of the fertilizer technical com-mittee for the consideration of the proposed regulation mail a copy of such proposed regu-lation to every person so requesting same. Any such person shall have the right to be fully heard in person or through an attorney by the fertilizer technical committee upon any pro-posed rule or regulation.
(5) It shall be the duty of the commission-er of agriculture in regard to those technical rules and regulations recommended by the ferti-lizer technical committee, within a reasonable time, to either approve or reject such recom-mended rules and regulations, and if approved to adopt and promulgate such rules and regula-tions under the classification of "technical rules and regulations" recommended to him by the fertilizer technical committee. It shall be the duty of the fertilizer technical committee, in regard to those technical rules and regulations recommended by the commissioner of agricul-ture to either approve or reject such recom-mended rules and regulations and if approved to adopt and promulgate such rules and regula-tions under the classification of "technical rules and regulations" recommended to it by the com-missioner of agriculture. A majority of the
SUPPLEMENTAL STATUTORY CHANGES-1959 SESSION
members of the fertilizer technical committee affirmative votes.
shall constitute a quorum, however, any official History.-(3) by §1, (4) by §2, (5) by §3, ch. 59-243.
action by the said committee shall require three Effective January 15, 1961.
CHAPTER 581
STATE DEPARTMENT OF AGRICULTURE; DIVISION OF PLANT INDUSTRY
(Effective January 15, 1961)
581.011 Definitions.
581.021 Continuance of powers, duties, etc., in
de-partment; location; privileges. 581.031 Department; powers and duties.
581.041 Director of division of plant industry; pow-ers and duties.
581.051 Rules and regulations; procedure. 581.061 Review for person affected.
581.071 Principal responsible for agent, etc. 581.083 Introduction of injurious disease. 581.091 Information to director.
581.101 Quarantines. 581.111 Emergency.
581.011 Definitions.-For the purpose of this
chapter, the following terms, when used in this
chapter or the rules, regulations and orders
made pursuant thereto, shall be construed,
re-spectively, to mean:
(1) "Insect pests and diseases."-Diseases
and insect pests, injurious to plants and plant
products of this state, including any of the
stages of development of such diseases and
in-sect pests.
(2) "Plants and plant products."-Trees,
shrubs, vines, forage and cereal plants, and all other plants, cuttings, grafts, scions, buds, and all other parts of plants; and fruit,
vege-tables, roots, bulbs, seeds, wood, lumber, and
all other plant products.
(3) "Plant pest."-Any insect, fungus,
bac-teria or virus disease, nematode, parasitic plant or any other organism or thing injurious to
plants or plant products including any stage
of development of such organism or thing.
(4) "Nursery stock."-All plants, trees,
shrubs, vines, bulbs, cuttings, grafts, scions,
buds, grown or kept for or capable of
propaga-tion, distribution or sale, unless specifically
excluded by the rules and regulations of the department.
(5) "Nursery."-Any grounds or premises
on or in which nursery stock is grown or
prop-agated for sale or distribution.
(6) "Nurseryman."-Any person engaged in
the production of nursery stock for sale or
dis-tribution.
(7) "Dealer."-Any person not a grower of nursery stock in this state who buys or
other-wise acquires nursery stock for the purpose of
reselling or reshipping independently of any control of the nurseryman.
(8) "Agent."-Any person selling or dis-tributing nursery stock under the partial or
full control of a nurseryman.
(9) "Places."-Vessels, railroad cars,
auto-mobiles, aircraft and other vehicles, buildings,
docks, nurseries, orchards and other premises
where plants or plant products are grown, kept
or handled.
581.121 Nursery stock; sale, etc.
581.131 Certificate of inspection.
581.141 Certificate of inspection; revocation. 581.151 Control of spreading decline.
581.161 Fumigation or treatment of fruit or plants infested by Mediterranean fruit fly or
other pests.
581.171 Printed copies as evidence.
581.181 Notice of infection of plants; destruction. 581.191 Annual appropriation.
581.201 Injunction.
581.211 Penalties for violations.
(10) "Distribution." - The movement of
nursery stock from the property where it is
grown or kept to any other property that is not
contiguous thereto, regardless of the ownership
of the properties concerned.
(11) "Commissioner." - The commissioner
of agriculture of the state.
(12) "Department."-The department of
ag-riculture of the state.
(13) "Director."-The director of the divi-sion of plant industry.
(14) "Division."-The division of plant
in-dustry of the department of agriculture. (15) "Technical committee."-The plant
in-dustry technical committee which may be known as the state plant board.
History.-§2, ch. 12291, 1927; CGL 3831; am. §7, ch. 22858, 1945; §6, ch. 29767, 1955; §13, ch. 59-1; tr. from §581.14, and
am. by §1, ch. 59-261.
581.021 Continuance of powers, duties, etc.,
in department; location;
privileges.-(1) This chapter shall be enforced by and
under the control of the department of
agri-culture as provided in chapter 570.
(2) The department, through the division
of plant industry, shall have and exercise all the powers, jurisdiction, duties and authority exercised by, or required of, the state plant
board, and the provisions of chapter 581 shall
be applicable to the division within the
depart-ment. Provided, however, that all rules,
regu-lations, orders, quarantines and official acts of
the said state plant board shall remain in full
force and effect until and unless repealed,
amended, changed or superseded by action of
the commissioner in accordance with the pro-cedure prescribed in §581.051.
(3) The division and its employees shall be
provided the same suitable quarters and faculty
privileges, including but not limited to library
facilities, by the university of Florida as the state plant board and its employees now enjoy.
History.-§ 2, ch. 59-261.
581.031 Department; powers and
duties.-The department through the commissioner shall
have the following powers and duties subject
to the prbcedural requirements of section 581.-051, perd.ining to rules and regulations:
(1) To make all rules and regulations gov-erning nurseries and the movement of nursery stock therein as may be necessary in the eradi-cation, control or prevention of the dissemina-tion of iqsect pests and diseases;
(2) Make and publish standard grades for nursery stock;
(3) Make rules and regulations governing the grading, marking, sale and distribution of nursery stock by nurserymen, dealers and agents;
(4) Provide rules and regulations under which n~rsery stock may be brought into this state from other states, territories and foreign countries;
(5) Make such rules and regulations with reference to plants and plant products while in transi~ through this state as may be deemed necessarjj to prevent the introduction into and dissemination within this state of injurious plant pests and diseases;
(6) Declare a dangerous insect pest or dis-ease to be a nuisance as well as any plant or other thing infested or infected therewith or that has 1been exposed to infestation or infec-tion and therefore likely to communicate same;
(7) D~clare a quarantine against any area, place, nursery, grove, orchard, county or coun-ties within this state, other states, territories, foreign countries or portion thereof in refer-ence to dangerous insect pests or diseases and prohibit fhe movement within this state from other sta es, territories or foreign countries of all plant , plant products or other things from such quarantined places or areas which are likely to carry such dangerous insect pests and diseases if such quarantine be determined after due inve1)tigation, to be necessary in order to protect the agricultural and horticultural in-terests of this state. In such cases the quaran-tine may be made absolute, or rules and regula-tions may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold or otherwise disposed pf in this state;
(8) M;ake and publish reasonable rules and regulations governing the application for, is-suance and revocation of such certificates of in-spection;
(9) Enter into cooperative arrangements with any person, municipality, county and other departmepts of this state, and boards, officers and authorities of other states and the United States for inspection with reference to insect pests and plant diseases and for the control and eradication thereof and contribute a just proportionate share of the expenses incurred under such arrangements;
(10) Publish at regular intervals, to be de-termined by it, an official organ of the depart-ment for public distribution and may from time to time publish and distribute to the public such further information as may be deemed necessary;
(11) Revoke certificates of inspection to
nurserymen, dealers and agents in the state after notice and a hearing;
(12) Purchase all necessary materials, sup-plies, office and field equipment and other things and make such other expenditures as may be essential and necessary in carrying out the provisions of this chapter within the limits of the amount appropriated by law;
(13) Enforce the provisions of this chap-ter and the rules and regulations made pur-suant thereto by writ of injunction in the prop-er court as well as by criminal proceedings;
(14) The department is empowered to test nursery stock to determine its freedom from specific diseases and to so register such stock. Nursery stock found free of the diseases for which it was tested may be propagated by the department and distributed in limited quanti-ties to qualified nurserymen for further propa-gation under procedures prescribed by the de-partment when recommended by the industry concerned. The department may prescribe standards and procedures for the propagation and distribution of new or superior strains of plants when not provided for by other agencies, and upon recommendation of the industry con-cerned.
Hlstory.-§3, ch. 59-261.
581.041 Director of division of plant indus -try; powers and duties.-The director shall have the following powers and duties:
(1) To inspect, or cause to be inspected by duly authorized employees, plants, plant prod-ucts or other things and substances that may, in his opinion, be capable of disseminating or carrying insect pests and diseases, and for this purpose shall have power to enter into or upon any place and to open any bundle, package or other container containing, or thought to con-tain, plants or plant products or other things capable of disseminating or carrying insect
pests or diseases ; .
(2) To carry on investigations of methods of control, eradication and prevention of dis-semination of insect pests and diseases;
(3) To supervise or cause to be supervised, the treatment, cutting and destruction of plants when necessary to prevent or control the dis-semination of insect pests and diseases or to eradicate same and to suggest rules and regula-tions therefor;
( 4) To inspect, or cause to be inspected, all nurseries in the state at such intervals as he may deem best;
(5) To demand of any person who has plants or plant products or other things likely to carry insect pests and diseases in his pos-session to give full information as to the origin and source of same, and it shall be a misde-meanor for such person to refuse to give the information demanded, if able to do so;
(6) To intercept and inspect or cause to be inspected, while in transit, or after arrival at destination, all plants, plant products or other things likely to carry insect pests and diseases being moved in this state from another
SUPPLEMENTAL STATUTORY CHANGES-1959 SESSION state, territory or foreign country, and if upon
inspection the same be found to be infested or infected with an injurious insect pest or dis-ease or if such material is believed to be likely to communicate or transmit same or is being transported in violation of any of the rules and regulations of the department then said plants, plant products or other things may be treated when necessary and released, returned to the sender or destroyed, such disposition to be determined under rules and regulations to be prescribed by the department;
(7) To make and issue certificates of in-spection to nurserymen, dealers and agents in the state, after proper inspection of their nurs-ery stock, authorizing them to do business as nurserymen, dealers or agents within the state; (8) To prescribe the duties of assistants, inspectors and other employees as may be re-quired and delegate to such assistants, inspec-tors and other employees such powers and au-thority as may be deemed proper within the limits of the powers and authority conferred upon the said director by this chapter;
(9) To enforce the provisions of this chap-ter and the rules and regulations made pur-suant thereto by writ of injunction in the prop-er court as well as by criminal proceedings.
mstory.-§4, ch. 59-261.
581.051 Rules and regulations; p. rocedure.-(1) All rules and regulations made, adopted, or promulgated under authority of this chap-ter shall be divided into two classes to be known as "technical rules and regulations" and "administrative rules and regulations."
(2) The commissioner shall have full and complete power and authority to and may make, adopt, promulgate, amend and repeal, without prior notice and hearing, all rules and regula-tions under the classification "administrative rules and regulations" which he shall deem necessary or helpful in the efficient administra-tion and enforcement of this chapter.
(3) "Administrative rules and regulations" are defined as those rules and regulations which control and regulate the internal affairs of the division of plant industry and define organiza-tional, procedural or practice requirements of the said division.
( 4) "Technical rules and regulations" are defined as those rules and regulations other than administrative rules and regulations.
(5) All rules and regulations under the classification technical rules and regulations shall be made, adopted and promulgated by the commissioner in the following prescribed man-ner subject to the approval of the technical committee on plant industry:
(a) The commissioner shall submit to each member of the technical committee on plant industry a copy of the proposed technical rule or regulation at the time of publishing the same in the public press and trade magazines as hereinafter provided.
(b) The public shall be given notice of the proposed "technical rule or regulation" by
ac-tion of the commissioner in causing the same to be published in sufficient daily newspapers of general circulation of the state, to be select-ed by the commissioner, as to generally inform those persons to be affected by such rule or regulation and where practical a Florida trade magazine, representative of the industry af-fected.
(c) In case a written protest by any inter-ested person shall be made to such proposed rule or regulation within ten days after publi-cation of the same, the commissioner, or his authorized agent or representative, shall con-duct a public hearing at a time and place to be determined by the commissioner or his author-ized agent or representative, at which any in-terested person shall have the right to be fully heard in person, or through an attorney. Due notice of the time and place of such hearing shall be given at least fifteen days prior to such hearing to the person or persons making such protests, each member of the technical commit-tee on plant industry, and each person affected who has previously filed his name and address with the commissioner under the provisions of this act.
(d) In regard to a proposed technical rule or regulation which has been duly published as provided in this section to which there has been no written protest the technical commit-tee on plant industry may meet at any time after ten days and within thirty days from the date that the commissioner transmitted to them a copy of the proposed technical rule or regu-lation for the purpose of either approving or disapproving such rule or regulation. As to a technical rule or regulation to which a written protest has been made, the said committee may meet at any time within thirty days from and including the date of the last hearing held concerning such rule or regulation for the pur-pose of either approving or disapproving such rule or regulation and if the said committee takes no action on either the protested or un-protested rule or regulation within the said thirty day periods, the commissioner shall con-sider this as conclusive evidence of the said committee's approval of the said rule or regu-lation and the commissioner shall forthwith adopt and promulgate the said rule or regula-tion and file the same with the secretary of state.
(e) The director may propose technical rules or regulations relative to the activity of his division to the commissioner; copy of which shall at the same time be furnished the chair-man of the technical committee on plant indus-try.
Blstory.-§5, ch. 59-261.
581.061 Review for person affected.-Any person affected by any rule or regulation made or notice given pursuant to this chapter may have a review thereof by the commissioner for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered 3361
and the cost thereof fixed, assessed, collected and paid in such manner and in accordance with such rules and regulations as may be prescribed by the commissioner.
Blstory.-§6, ch. 12291, 1927; CGL 3835; tr. from §581.04 and am. by §6, ch. 59-261.
581.071 Principal responsible for agent, etc. -In construing and enforcing the provisions of this chapter, the act, omission or failure of any official, agent or other person acting for or employed by any association, partner-ship, corporation or other principal within the scope of his employment or office shall in every case be deemed the act, omission or failure of such association, partnership, corporation or other principal as well as that of the individual. Bistory.-§12, ch. 12291, 1927; CGL 3840; tr. from §581.10 and am. by §7, ch. 59-261.
581.083 Introduction of injurious disease.-The introduction into this state of any live insect or specimen of any disease injurious to plants, except under a special permit issued by the director of the division of plant industry is prohibited.
Blstory.-§7, ch. 12291, 1927; CGL 3836; tr. from §581.05 and am. by §8, ch. 59-261.
581.091 Information to director.-Any per-son, including common carriers, who receives plants, plant products or other things sold, given away, carried, shipped or delivered for carriage or shipment within this state, as to which provisions of this chapter and the rules and regulations made pursuant thereto have not been complied with, shall immediately in-form the director or an inspector of the divi-sion of plant industry and isolate and hold the said plant, plant product or other thing unop-ened or unused subject to such inspection or other disposition as may be provided by the director.
mstory.-§8, ch. 12291, 1927; CGL 3837; tr. from §581.06 and am. by §9, ch. 59-261.
581.101 Quarantines. - Whenever the com-missioner under the provisions of this chapter shall declare a quarantine against any place, nursery, grove, orchard, or county of this state, other states, territory or foreign countries as to a dangerous insect pest or disease, it is un-lawful thereafter until such quarantine is re-moved for any person to introduce into this state, or to move, sell or otherwise dispose of within this state any plant, plant product or other thing included in such quarantine, ex-cept under such rules and regulations as may be prescribed by the department; provided that in case of emergency where it is necessary to place a quarantine to take effect immediately the promulgation may be made by the plant industry technical committee.
Blstory.-§9, ch. 12291, 1927; CGL 3838; tr. from §581.07 and am. by §10, ch. 59-261.
said technical committee a plant pest endangers or threatens the horticultural and agricultural
interest of the state. Rules and regulations promulgated and adopted by the technical com-mittee in cases where an emergency is declared to exist shall be effective immediately. These rules and regulations shall continue in effect while the emergency for which the rules and regulations were promulgated and adopted con-tinues to exist, provided, however, that no emergency shall exist for a period in excess of six months, without review by the technical committee and redeclaration by it that such emergency continues to exist.
mstory.-§11, ch. 59-261.
581.121 Nursery stock; sale, etc.-It is un-lawful for any nurseryman, dealer or agent to sell, give away, carry, ship or deliver for car-riage or shipment any nursery stock except in compliance with the provisions of this chap-ter and the rules and regulations made pur-suant to law.
mstory.-§10, ch. 12291, 1927; CGL 3839; tr. from §581.08 and am. by § 12, ch. 59-261.
581.131 Certificate of inspedion.- Before
any nurseryman, dealer or agent shall sell or distribute, or offer for sale or for distribution, any nursery stock in this state he shall apply to the director of the division of plant industry and obtain a certificate of inspection indicating that he has complied with the provisions of this chapter and the lawful rules and regula-tions made and promulgated by the department.
Each application for a certificate of inspection shall be accompanied by a certificate fee in such amount as shall be determined by the commissioner; and upon the issuance of such certificate it shall be renewed annually there
-after upon its anniversary date, upon satisfac-tory showing to the director of the division of plant industry that the provisions of this law and the regulations of the department have been complied with and upon the payment of an annual renewal fee in such amount as shall be determined by the commissioner; provided, however, that neither such certificate of inspec-tion fee nor such annual renewal fee shall ex
-ceed twenty-five dollars; provided further, that the commissioner may exempt from the payment of a certificate fee nurserymen and dealers whose nursery stock is used exclusively for planting on their own property. All moneys received by the department under the provi-sions of this section shall be deposited in the state treasury to the credit of the special ac-count known as the plant industry acac-count within the general inspection fund and shall be used by the department to defray its ex-penses in carrying out the duties imposed on it by this chapter.
Blstory.-§4, ch. 29767, 1955; tr. from §581.081 and am. by §13, ch. 59-261.
581.111 Emergency.-An emergency is any
situation wherein the plant industry technical 581.141 Certificate of inspection; revoca -committee has declared a plant pest to be a tion.-If it shall be determined by the commis-public nuisance or when in the opinion of the sioner that any nurseryman, dealer or agent
