Any nursery stock brought into this State which the Director or inspecting officer finds or has reasonable cause to believe to be infested or infected with any pest must be destroyed immediately, at the expense of the owner or bailee, under the supervision of the Director or the inspecting officer, unless:

1. 1. The nature of the pest is such that no detriment can be caused to the public, the nursery, agricultural, forestry or horticultural industry in this State or the general environmental quality of this State by shipping the nursery stock out of this State. In that case, the Director or inspecting officer:

   1. (a) May affix a warning tag or notice to the nursery stock.
   2. (b) Shall notify the owner or bailee to ship the nursery stock out of this State within 48 hours.
   3. (c) Shall keep the nursery stock under the Director or inspecting officer’s control at the expense of the owner or bailee.
   4. (d) Shall destroy the nursery stock at the expiration of 48 hours if the owner or bailee has not shipped the nursery stock out of this State.

2. 2. The Director determines that the pest can be exterminated by a treatment prescribed by the Director with the result that no detriment will be caused to the public, the nursery, agricultural, forestry or horticultural industry in this State or the general environmental quality of this State. In that case, nursery stock will be released if the nursery stock is:

   1. (a) Treated in the manner prescribed by the Director;
   2. (b) Treated within the time specified by the Director or inspecting officer;
   3. (c) Treated under the supervision of the inspecting officer; and
   4. (d) Found to be free from pests.

(Added to NRS by 1959, 566; A 1961, 529; 1993, 1714; 1999, 712, 3644, 3742)