CHAPTER 426
AGRICULTURAL EXPERIMENT STATIONS

Table of Contents

Sec. 22-79. Connecticut Agricultural Experiment Station. Board of control.
Sec. 22-80. Meetings of board; officers.
Sec. 22-81. Duties of board. Reports.
Sec. 22-81a. Testing of mosquitoes for public health threat.
Sec. 22-82. Endowment of agricultural experiment station.
Sec. 22-82a. Inventions and discoveries by employees.
Sec. 22-83. Research and experiment in tobacco growing.
Sec. 22-84. Plant pests. Authority of director. Enforcement. Violation.
Sec. 22-84a. Research consistent with goals of integrated pest management.
Secs. 22-85 to 22-87. European corn borer. White pine blister rust. European black currant plants.
Sec. 22-88. State Entomologist; appointment; duties.
Sec. 22-89. Registration of honey bees.
Sec. 22-90. Inspection of bees for contagious diseases.
Sec. 22-91. Gypsy and brown-tail moths.
Sec. 22-91a. Gypsy moth as public nuisance.
Sec. 22-91b. Survey of infestation by State Entomologist.
Sec. 22-91c. Roadside spraying. State aid.
Sec. 22-91d. Assessment of landowners.
Sec. 22-91e. Emergency. Appropriations.
Sec. 22-91f. Epidemic conditions.
Secs. 22-92 to 22-95. Emergency gypsy moth control. Agent for suppression of gypsy and brown-tail moths, etc.
Sec. 22-96. Certificate of inspection of imported nursery stock.
Sec. 22-97. Nursery and nursery stock defined.
Sec. 22-98. Nursery stock; powers of State Entomologist.
Sec. 22-99. Nurserymen and dealers to register.
Sec. 22-100. Nursery certificate. Uninspected stock.
Sec. 22-101. Penalty. Appeal.
Sec. 22-102. Storrs Agricultural Experiment Station.
Sec. 22-103. Acceptance of certain federal acts.
Sec. 22-104. Use of federal funds by experiment stations.

      Sec. 22-79. Connecticut Agricultural Experiment Station. Board of control. The Connecticut Agricultural Experiment Station shall be within the Department of Agriculture for administrative purposes only. The management of the Connecticut Agricultural Experiment Station shall be vested in a board of control, consisting of eight members, one of whom shall be the Commissioner of Agriculture or some person to be selected by him, one of whom shall be selected by the Board of Trustees of The University of Connecticut, one by the governing board of the Sheffield Scientific School and one by the Board of Trustees of Wesleyan University, and two of whom shall be appointed by the Governor. The Governor and the director of the station shall be, ex officio, members of said board of control. The members of the board shall continue in office for the term of three years from the first day of July next succeeding their appointment. Upon the death or resignation of a member of the board, the authority or institution by which such member was appointed shall fill the vacancy.

      (1949 Rev., S. 3246; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 77-614, S. 317, 610; P.A. 92-144, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 77-614 placed experiment station within office of policy and management for administrative purposes, effective January 1, 1979; P.A. 92-144 changed the administrative agency for the station from the office of policy and management to the department of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      See title 2c re termination under "Sunset Law".

      See Sec. 4-38f for definition of "administrative purposes only".


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      Sec. 22-80. Meetings of board; officers. Said board shall meet not less than quarterly during any calendar year upon the call of the president at such times and places as he deems necessary, except that the board shall meet on the third Tuesday of January at such place in the city of Hartford as may be designated by its president. Five members of said board shall constitute a quorum. Said board shall annually choose from its number a president, a secretary and a treasurer who shall hold their respective offices one year and until their successors are chosen, and may fill any vacancy in any office filled by said board. The treasurer shall endorse all drafts and checks and receive and receipt for all moneys payable to the station. Members of the board shall not be compensated for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of the meetings held during any calendar year shall be deemed to have resigned from office. Minutes of any meeting shall be recorded by the board.

      (1949 Rev., S. 3247; June, 1955, S. 1773d; P.A. 83-487, S. 26, 33; P.A. 89-176, S. 1.)

      History: P.A. 83-487 amended section to require board to meet at least quarterly, to establish attendance requirements, to require recording of minutes, limit terms of members and to specify that members are not compensated for services; P.A. 89-176 deleted provision prohibiting consecutive terms for members of board of directors.

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      Sec. 22-81. Duties of board. Reports. (a) Said board shall have the general management of the institution and shall appoint a director, who shall have the general management and oversight of experiments and investigations. It may own such real and personal estate as may be necessary for carrying on its work and may receive title to the same by deed, devise or bequest. It shall expend all money appropriated by the state in the prosecution of the work for which said institution is established, shall use for the same purpose the income from all funds and endowments which it may receive from other sources and may sue and be sued by the name of the Connecticut Agricultural Experiment Station. It may seek and obtain patents, trademarks and licensing agreements relating to inventions and discoveries of any employee of the Connecticut Agricultural Experiment Station. It may pursue any opportunity to receive funds for research available from the federal government or from private sources. It shall make an annual report to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Agriculture and the Department of Environmental Protection, including a statement of the activities of the station and the sources and amounts of funds available to the station. It shall make an annual report to the Governor, as provided in section 4-60, including therein a report upon adulterated food products and a report of the work done and results obtained under the provisions of section 22-84.

      (b) Notwithstanding the provisions of any general statute or special act to the contrary, the selection, appointment, assignment of duties, amount of compensation, sick leave, vacation, leaves of absence, termination of service, rank and status of the individual members of the station staff shall be under the sole jurisdiction of the board of control of the station within available funds. Said board shall determine who constitutes the professional staff of the station and shall establish a compensation and classification schedule for the professional staff. Said board shall annually submit to the Commissioner of Administrative Services a list of the positions which it has included within the professional staff.

      (c) The board shall cause the station to (1) make scientific inquiries and perform experiments including, but not limited to, inquiries and experiments regarding plants, insects and the pests of plants, soil and water, which inquiries and experiments shall include, but not be limited to, consideration of the effects of any climate change which may result from increased levels of carbon dioxide or other "greenhouse" gases in the atmosphere and what effects such change may have on agriculture in this state; (2) make scientific inquiries for the General Assembly and conduct such analyses as required by any state agency including, but not limited to, the Departments of Administrative Services, Agriculture, Consumer Protection and Environmental Protection; and (3) distribute reports of any analyses, investigations or experiments by correspondence, lectures or published matter. The board may cause the station to charge a fee for any testing services which it may provide to the public. The station shall not conduct any testing of ticks for Lyme disease except at the request of a state or municipal health official or for scientific research purposes.

      (1949 Rev., S. 3248, 3250, 3901; September, 1957, P.A. 11, S. 13; 1967, P.A. 657, S. 79; P.A. 83-487, S. 27, 33; P.A. 84-546, S. 66, 173; P.A. 91-395, S. 5, 11; P.A. 92-240; P.A. 96-116, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(d), (f); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 10-96, S. 2.)

      History: 1967 act added Subsec. (b) clarifying board's powers and duties; P.A. 83-487 amended section to require annual reports to general assembly committee having cognizance of matters relating to the department of agriculture and the department of environmental protection, to specify board's powers with respect to staff and to add Subsec. (c) concerning duties of station and board; P.A. 84-546 made technical changes in Subsec. (c); P.A. 91-395 amended Subsec. (c) to provide for research re effects of climate change; P.A. 92-240 amended Subsec. (c) to specify that station may test ticks for Lyme disease only at request of state or municipal health officials or for research purposes; P.A. 96-116 amended Subsec. (a) to add provision re receipt of funds from federal or private sources for research and amended Subsec. (c) to authorize charging of fees for testing services, effective July 1, 1996; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced separate Departments of Agriculture and Consumer Protection with single Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 10-96 amended Subsec. (a) to authorize board to seek and obtain patents, trademarks and licensing agreements re inventions and discoveries of employee of station.

      See chapter 441 re pesticide control.

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      Sec. 22-81a. Testing of mosquitoes for public health threat. The Connecticut Agricultural Experiment Station shall, in accordance with the provisions of this chapter, conduct surveillance and testing for the existence of mosquitoes carrying the eastern equine encephalitis virus in accordance with a plan developed and agreed upon by the Commissioner of Environmental Protection, the Commissioner of Public Health and the director of the Connecticut Agricultural Experiment Station. Such plan shall specify procedures to assure that any expenditures for surveillance and testing shall be reasonable and prudent. The director of the Connecticut Agricultural Experiment Station or any person authorized by him to implement the provisions of this section may, at any reasonable time, enter any public or private premises in the performance of his duty.

      (P.A. 97-289, S. 7.)

      History: P.A. 97-289 effective July 1, 1997.

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      Sec. 22-82. Endowment of agricultural experiment station. The expenditure of such funds as may come to this state under the provisions of an Act of Congress, approved February 24, 1925, entitled "An Act for the more complete endowment of Agricultural Experiment Stations, and for other purposes", which provisions were accepted by this state by an act approved June 18, 1925, shall be under the joint control of the Board of Trustees of The University of Connecticut and the Board of Control of the Connecticut Agricultural Experiment Station.

      (1949 Rev., S. 3249.)

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      Sec. 22-82a. Inventions and discoveries by employees. (a) As used in subsections (b) to (h), inclusive, of this section: (1) "Station" means the Connecticut Agricultural Experiment Station; (2) "director" means the director of the Connecticut Agricultural Experiment Station; and (3) "board" means the board of control of the Connecticut Agricultural Experiment Station.

      (b) The station shall be entitled to own the entire right, title and interest in any invention or discovery of an employee of the station that (1) is conceived in the course of the performance of customary or assigned duties of the employee, (2) emerges from any research, development or other program of the station, or (3) is conceived or developed wholly or partly at the expense of the station or with the aid of the equipment, facilities or personnel of the station.

      (c) In each such instance, the employee shall be deemed to be obligated, by reason of his or her employment by the station, to (1) disclose his or her invention or discovery fully and promptly to the director, (2) assign to the station the entire right, title and interest in each invention or discovery, and execute instruments of assignment to that effect, and (3) execute such proper patent or license application or other instrument of assignment concerning such invention or discovery as may be requested by the director, and give all reasonable aid in the prosecution of such application or assignment and the procurement of such patent, license or assignment.

      (d) Except where the invention or discovery is subject to federal grant restrictions, the entire beneficial ownership of any such invention or discovery, including all monetary proceeds, property and rights of every character, tangible and intangible, shall be deposited with the station and vest in the station for use in scientific inquiries and experiments and the board shall exercise complete control thereof.

      (e) Each employee who conceives or makes any invention or discovery and fulfills his or her obligations to the satisfaction of the station as provided in subsections (b) to (d), inclusive, of this section shall be entitled to share in any net proceeds that may be derived from the assignment, grant, license or other disposal of such invention or discovery. The amount of such net proceeds shall be computed by, or with the approval of, the board, with reasonable promptness after collection thereof, and after deducting from gross proceeds any and all costs and expenses as may be reasonably allocated to the particular invention or discovery including, but not limited to, costs or expenses associated with seeking and obtaining any patent, trademark or licensing agreement, maintenance or litigation costs, and the costs of evaluating the commercial potential of the invention or discovery. A minimum of twenty per cent of the amount of such net proceeds shall be paid to an employee who solely conceived or made the invention or discovery, and shall be paid in shares to two or more employees who jointly conceived or made the invention or discovery in such respective proportions as the board may determine. The board in its discretion may increase the amount by which any employee or employees may participate in such net proceeds.

      (f) Disagreements as to the allocation of any invention or discovery, as to the obligations of any employee, or due performance thereof, or as to the participation of any employee of the station in any net proceeds, shall be disposed of as follows: (1) By voluntary arbitration of all relevant issues, if the disagreeing parties approve and agree to be bound by the decision upon such arbitration; (2) by compulsory arbitration if that is provided for in any applicable contract between the disagreeing parties; or (3) by recourse to a court of competent jurisdiction in this state if arbitration cannot be resorted to under either subdivision (1) or (2) of this subsection.

      (g) The board may establish and regulate, equitably in the public interest, such measures as the board deems necessary for the purposes of such arbitration, and to make contracts for compulsory arbitration, in the name of the station.

      (h) The board may adopt regulations in accordance with chapter 54 to govern the operations of the station in accordance with the provisions of subsections (a) to (g), inclusive, of this section.

      (P.A. 10-96, S. 3-8.)

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      Sec. 22-83. Research and experiment in tobacco growing. The Board of Control of the Connecticut Agricultural Experiment Station is authorized to conduct research and experimental work as to causes and prevention of the various diseases and injuries to the Connecticut tobacco crop which occur in the field or in the processes of preparing the crop for market and for the purpose of improving the tobacco plant by selection and breeding and by cooperative experiments with growers of tobacco. Said board is authorized to accept in the name of the state gifts or loans of land and equipment and gifts of money, to be used exclusively for the purposes of this section. Said board may issue bulletins containing any special information of value to tobacco growers.

      (1949 Rev., S. 3250.)

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      Sec. 22-84. Plant pests. Authority of director. Enforcement. Violation. (a) The director of the Connecticut Agricultural Experiment Station shall have charge of all matters pertaining to official control, suppression or extermination of insects or diseases which are, or threaten to become, serious pests of plants of economic importance. He shall receive no additional compensation for such work, and may designate members of the station staff to carry out certain lines thereof and may employ such other assistance as may be required. Said director may: (1) Cooperate with the agents of the United States Department of Agriculture in the control of plant pests; (2) make regulations and orders regarding the destruction or treatment of infested plants; (3) seize, treat, disinfect or destroy any plants or plant material moved in violation of any quarantine or regulation established under the provisions of this section or suspected of being infested by any dangerous insect pest or plant disease; (4) prohibit or regulate the transportation of plants and plant materials, brick, stone and quarry products or any other objects or materials liable to carry dangerous pests and may designate certain areas or districts wherein all such plants may be destroyed; (5) adopt, and enforce by appropriate regulations, a quarantine prohibiting or restricting the transportation of any class of nursery stock, plant, fruit, seed or other article capable of carrying any dangerous plant disease or insect infestation, with reference to which the Secretary of Agriculture of the United States has not determined that a quarantine is necessary and established such quarantine, into or through this state or any portion thereof from any other state, the District of Columbia or any part of such state or said district in which said director finds such plant disease or insect infestation to exist; (6) adopt regulations for the seizure, inspection, disinfection, destruction or other disposition of any nursery stock, plant, fruit, seed or other article capable of carrying any dangerous plant disease or insect infestation, a quarantine with respect to which has been established by the Secretary of Agriculture of the United States, and which have been transported to, into or through this state in violation of such quarantine; (7) inspect nurseries and nursery stock, as defined in section 22-97, for any violation of the provisions of section 22a-381d; and (8) establish and maintain a quarantine against any premises, district, town or group of towns in this state, provided, before any quarantine is established within the state, a public hearing shall be held, of which five days' notice shall be given to the parties affected, either by mail or by publishing such notice in two newspapers having a circulation in the part of the state affected by such quarantine.

      (b) The director or a designee may, at any reasonable time, enter any public or private premises to enforce the provisions of this section. Any person aggrieved by any order of quarantine issued under the provisions of this section may appeal to the Superior Court, or to any judge thereof if said court is not in session, and said court or such judge may grant such relief or issue such order or judgment in the premises as to equity may appertain.

      (c) Any person interfering with the director or the director's designee in the performance of said director's duty under the provisions of this section or violating any quarantine or any regulation established under the provisions of this section shall be fined not less than five dollars or more than one hundred dollars.

      (1949 Rev., S. 3251; P.A. 09-52, S. 1.)

      History: P.A. 09-52 divided existing provisions into Subsecs. (a) to (c), amended Subsec. (a) to insert Subdiv. designators (1) to (6) and (8) and add Subdiv. (7) re inspection of nurseries, amended Subsec. (b) to replace provision re authorized person with "a designee" and replace reference to performance of duty with "to enforce the provisions of this section", amended Subsec. (c) to specify that interference with director or director's designee is a violation, and made conforming and technical changes, effective July 1, 2009.

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      Sec. 22-84a. Research consistent with goals of integrated pest management. The Connecticut Agricultural Experiment Station shall, in accordance with the provisions of this chapter, continue its research in the reduction of pesticide use, the improvement of crop quality and other projects that are consistent with the goals of integrated pest management and shall make its findings available to The University of Connecticut Cooperative Extension Service.

      (P.A. 88-247, S. 10, 12.)

      See Sec. 22-11a for definition of "integrated pest management".

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      Secs. 22-85 to 22-87. European corn borer. White pine blister rust. European black currant plants. Sections 22-85 to 22-87, inclusive, are repealed.

      (1949 Rev., S. 3252-3254; 1961, P.A. 5; P.A. 83-487, S. 32, 33.)

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      Sec. 22-88. State Entomologist; appointment; duties. Said board of control shall appoint a State Entomologist to hold office during the pleasure of the board. He shall have an office at the experiment station, but shall receive no compensation other than his regular salary as a member of the station staff. The State Entomologist may designate members of the station staff to assist him in carrying out the provisions of sections 22-90, 22-96, 22-98, 22-99 and 22-100. He or any of his assistants or agents may, at any reasonable time, enter any public or private grounds in the performance of their duties. The State Entomologist may issue such bulletins of said experiment station as in his judgment are needed to convey information about pests; may conduct experiments and investigations regarding injurious insects and the remedies for their attacks and may diffuse such information by means of correspondence, lectures and published matter.

      (1949 Rev., S. 3255; 1961, P.A. 6.)

      History: 1961 act allowed entomologist to designate staff members to assist in carrying out provisions of specified sections, authorized entomologist or agents to enter public or private grounds in performance of duties, deleted detailed provisions re entomologist's inspection of orchards, fields etc. and subsequent orders which he may make concerning treatments etc., deleted provision imposing fine for noncompliance with orders and deleted provisions re records and reports of expenses.

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      Sec. 22-89. Registration of honey bees. Each person owning one or more hives of bees shall, annually, on or before the first day of October, make application to the State Entomologist for the registration of bees. The State Entomologist shall issue to such applicant a certificate of registration without fee. The State Entomologist shall (1) keep accessible to the public a record of the registration, the name and place of residence of the registrant and the definite location in the municipality where the bees are kept and (2) transmit a copy of such information to the town clerk of the municipality in which the registrant resides. Any owner of bees who fails to register as required by the provisions of this section shall be fined not more than five dollars.

      (1949 Rev., S. 3256; P.A. 89-176, S. 2.)

      History: P.A. 89-176 replaced provisions re procedure for registering bees with town clerk with provisions re registration with state entomologist.

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      Sec. 22-90. Inspection of bees for contagious diseases. The State Entomologist shall, to such extent as he deems necessary or expedient, examine apiaries and quarantine such as are diseased and treat or destroy cases of the disease known as foul brood. The State Entomologist may appoint such inspectors as he deems necessary or expedient, and he or any person whom he appoints for that purpose shall have access at reasonable times to any apiary or place where bees are kept or where honeycomb and appliances are stored. He is authorized to make suitable regulations regarding inspections and quarantine and to prescribe suitable forms for permanent records which shall be on file and open to public inspection, and to make reasonable rules for the services of such inspectors, and may pay a reasonable sum for such services. No person or corporation shall remove bees under quarantine to another locality without obtaining the written permission of an authorized inspector. No person or transportation company shall receive for transportation any colony or package of bees, unless such colony or package is accompanied by a certificate of good health, furnished by an authorized inspector. No person or transportation company shall deliver any colony or package of bees brought from any other country, province, state or territory unless accompanied by a certificate of health furnished by an authorized inspector of such country, province, state or territory. Any person or transportation company receiving a shipment of bees from without the state, unaccompanied by such certificate, shall, before delivering such shipment to its consignee, notify the State Entomologist and hold such shipment until inspected by an authorized inspector. If contagious diseases are found therein, such shipment shall be returned to the consignor or delivered to an authorized inspector of this state for treatment or destruction, provided the requirements of this section shall not apply to shipments of brood comb, with or without bees, suspected of being diseased and consigned to the State Entomologist, the agricultural experiment station or any authorized apiary inspector of the state or to the Bureau of Entomology of the United States or the United States Department of Agriculture, and provided there shall be no destruction of any shipment of bees as herein provided in the absence of reasonable notice to the consignee thereof. No person shall resist or hinder the State Entomologist, or any inspector whom he appoints, in the performance of the duties imposed by this section. No person or corporation shall sell, to be removed to another location, bees, brood comb, frames or hives that have been in use, with or without combs, until they have been inspected by an authorized inspector, who shall issue a certificate of health if they are found free of contagious disease. Any person violating any provision of this section shall be fined not more than fifty dollars.

      (1949 Rev., S. 3257; 1949, S. 1774d.)

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      Sec. 22-91. Gypsy and brown-tail moths. Section 22-91 is repealed.

      (1949 Rev., S. 3258; 1961, P.A. 3.)

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      Sec. 22-91a. Gypsy moth as public nuisance. The insect commonly known as the gypsy moth is, in all stages of its development, declared to be a public nuisance.

      (1967, P.A. 446, S. 1.)

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      Sec. 22-91b. Survey of infestation by State Entomologist. Whenever the existence of the gypsy moth reaches or threatens to reach epidemic proportions in any part of this state, or if such infestation results in a hazardous highway condition because of gypsy moths on the highway causing a slippery condition, the chief executive officer of any town, city or borough may request in writing that the State Entomologist survey such town, city or borough for the magnitude and location of the infestation and report his findings to such chief executive officer.

      (1967, P.A. 446, S. 2.)

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      Sec. 22-91c. Roadside spraying. State aid. The legislative body of any town, city or borough may contract for the spraying of any roadside area or areas within its jurisdiction, provided such spraying shall be approved by the Commissioner of Environmental Protection. Any such city or borough may apply to said commissioner not later than June fifteenth of each succeeding year for reimbursement of one-half of the cost of any roadside spraying as herein above authorized, or a prorated amount from sums available therefor under the provisions of section 22-91e.

      (1967, P.A. 446, S. 3; 1971, P.A. 872, S. 431.)

      History: 1971 act replaced state board of pesticide control with commissioner of environmental protection.

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      Sec. 22-91d. Assessment of landowners. Any town, city or borough which contracts for spraying of areas within its jurisdiction, other than roadside spraying, under the provisions of sections 22-91a to 22-91f, inclusive, may, by vote of its legislative body, assess the owners of the land so sprayed on an acreage basis, for not more than one-half of the cost thereof to the municipality. The tax collectors of such municipalities shall notify such landowners of the amount of their assessments, and shall have the same powers in the collection of the same as they have in the collection of property taxes.

      (1967, P.A. 446, S. 4.)

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      Sec. 22-91e. Emergency. Appropriations. If the State Entomologist declares that an emergency exists because of the prevalence of gypsy moths, he may so certify to the Finance Advisory Committee. The Finance Advisory Committee may thereupon add from the resources of the General Fund to the appropriation of the Department of Environmental Protection sufficient funds, not to exceed thirty-seven thousand five hundred dollars for the fiscal year to carry out the provisions of sections 22-91a to 22-91f, inclusive, and to said department a sum, not to exceed four thousand dollars for the fiscal year to spray such state-owned roadside land as is certified to be infested.

      (1967, P.A. 446, S. 5; 1971, P.A. 872, S. 204.)

      History: 1971 act replaced appropriations to state board of pesticide control and state park and forest commission with appropriations to department of environmental protection, substituted "fiscal year" for "biennium" and halved appropriation amounts accordingly.

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      Sec. 22-91f. Epidemic conditions. If the State Entomologist finds that the existence of the gypsy moth has reached epidemic proportions in any area of the state, he shall so instruct the affected municipalities which shall jointly undertake such spraying as the State Entomologist deems necessary, one-half of the cost of which shall be borne by the state on application of such municipalities to the State Board of Pesticide Control not later than June fifteenth of the succeeding year and one-half of the balance of such cost may be assessed against landowners as provided in section 22-91d.

      (1967, P.A. 446, S. 6.)

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      Secs. 22-92 to 22-95. Emergency gypsy moth control. Agent for suppression of gypsy and brown-tail moths, etc. Sections 22-92 to 22-95, inclusive, are repealed.

      (1949 Rev., S. 3259-3261; 1955, S. 1776d; 1961, P.A. 3; 1963, P.A. 527, S. 12; 612, S. 12.)

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      Sec. 22-96. Certificate of inspection of imported nursery stock. All nursery stock shipped into this state shall bear on each package a certificate that the contents of such package have been inspected by a state or government officer and that such contents appear free from all dangerous insects and diseases. If nursery stock has been brought into the state without such a certificate, the express, freight or other transportation company or person shall, before delivering the shipment to the consignee, notify the State Entomologist of the facts, giving the name and address of the consignee, the origin of shipment and approximate number of cars, boxes or packages and the probable date of delivery to the consignee. The State Entomologist may cause the inspection and, if infested, the treatment of the stock. Any person violating any of the provisions of this section shall be fined not more than fifty dollars.

      (1949 Rev., S. 3262; 1961, P.A. 4; 1971, P.A. 871, S. 99.)

      History: 1961 act deleted provisions which forbade unpacking woody field-grown stock from foreign countries without inspector being present unless permission to do so has been granted and which authorized state entomologist to order treatment of infested stock; 1971 act deleted provision which exempted bales, boxes, etc. imported to state from provisions of Sec. 53-117 if labeled as to origin and accompanied by certificate.

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      Sec. 22-97. Nursery and nursery stock defined. For the purposes of sections 22-98, 22-99 and 22-100, any place at which hardy trees, shrubs and vines are propagated or grown out of doors for commercial purposes shall be considered a nursery, and such stock shall be regarded as nursery stock. Hardy herbaceous perennial plants, including strawberry plants, may be subject to the same provisions regarding inspection and pest control if, in the opinion of the State Entomologist, it is desirable to control the movement of such plants. Florists' ordinary plants, unless woody and field-grown, shall not be included.

      (1949 Rev., S. 3266.)

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      Sec. 22-98. Nursery stock; powers of State Entomologist. The State Entomologist or his assistants shall, upon application, inspect at least once each year all nurseries at which woody field-grown hardy trees and plants are grown for sale or shipment; may inspect any nursery stock when dug, before shipment or at destination; may inspect nurseries at any time for the purpose of controlling plant pests or to ascertain whether such pests exist in nurseries; may prescribe forms for registration, certificates and permits and may make regulations regarding time and methods of inspection; may destroy or treat or order the destruction or treatment of, and prohibit the movement of, plants infested with dangerous pests; may cooperate with agents of the United States Department of Agriculture in the inspection of nurseries and control of plant pests; may, at reasonable times, enter any public or private grounds in performance of his duties under the provisions of this section and sections 22-99 and 22-100. If orders are issued for the destruction or treatment of infested plants, the owner, manager or agent of the nursery shall, within a reasonable time from the date of such order, destroy such plants as are ordered destroyed and make such treatment within the time specified in the order or be subject to the penalty provided in section 22-101.

      (1949 Rev., S. 3263.)

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      Sec. 22-99. Nurserymen and dealers to register. All nurserymen shall register with the State Entomologist each year, on or before July first, and make application for inspection, and furnish such data on such blanks as the State Entomologist prescribes and furnishes. All firms, stores and individuals who sell but do not grow nursery stock shall be classed as dealers and shall, each year, on or before March first, register with the State Entomologist, giving the chief sources of their nursery stock and such data as he requires, on such forms as he prescribes and furnishes, and the State Entomologist may issue a permit allowing such dealer to sell such nursery stock. The State Entomologist may make such regulations as he deems necessary to govern the shipment of nursery stock into the state by any nursery, person, firm or corporation outside the state.

      (1949 Rev., S. 3264; 1955, S. 1775d.)

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      Sec. 22-100. Nursery certificate. Uninspected stock. The State Entomologist shall issue to regular nurseries certificates, valid until the first day of August following the date of issue and covering the stock inspected and such other stock as has been received under valid certificates of inspection, and may issue temporary permits covering certain portions thereof, and permits to dealers. All such certificates and permits may be revoked for cause. Nursery stock which has not been inspected or stock from a nursery not holding a valid certificate of inspection shall not be sold or transported, and transportation companies shall refuse to accept any shipment not bearing such certificate or some form of permit issued by the State Entomologist, and all nurserymen shall furnish a certificate, and all dealers a permit, to accompany each package of stock sold or transported, but no provision of section 22-98 or 22-99 or this section shall prevent or render liable any person or firm transporting stock from one field or property to another field or property belonging to or operated by such person or firm when such stock is not to be immediately sold or offered for sale and when such transportation does not violate any established federal or state embargo or quarantine regulations.

      (1949 Rev., S. 3265.)

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      Sec. 22-101. Penalty. Appeal. Any person who interferes with the State Entomologist or his assistant in the performance of his duties under the provisions of sections 22-98, 22-99 and 22-100, or any person, firm or corporation which violates any of the provisions thereof, shall be fined not more than fifty dollars. Any person aggrieved by any order issued under the provisions of said sections may appeal therefrom in accordance with the provisions of section 4-183.

      (1949 Rev., S. 3267; 1971, P.A. 870, S. 70; P.A. 76-436, S. 448, 681; P.A. 77-603, S. 90, 125.)

      History: 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced previous appeal provision with statement that appeals shall be made in accordance with Sec. 4-183.

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      Sec. 22-102. Storrs Agricultural Experiment Station. The Storrs Agricultural Experiment Station shall remain as established, and the management and control thereof shall be vested in the trustees of The University of Connecticut. Said experiment station shall make an annual report to the Governor, as provided in section 4-60.

      (1949 Rev., S. 3268; September, 1957, P.A. 11, S. 13.)

      See Sec. 22-81 re duties of board of control for Connecticut Agricultural Experiment Station.

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      Sec. 22-103. Acceptance of certain federal acts. The state of Connecticut accepts the provisions of the Act of Congress known as the Bankhead-Jones Act, entitled, "An Act to provide for research into basic laws and principles relating to agriculture and to provide for the further development of cooperative agricultural extension work and the more complete endowment and support of land-grant colleges", approved June 29, 1935; and the provisions of an amendment of the Bankhead-Jones Act and the Agricultural Marketing Act of 1946 (the Flannagan-Hope Act, Public Law 733, 79th Congress) approved August 14, 1946, entitled, "An Act to provide for further research into basic laws and principles relating to agriculture and to improve and facilitate the marketing and distribution of agricultural products".

      (1949 Rev., S. 3269.)

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      Sec. 22-104. Use of federal funds by experiment stations. (a) Except in the cases provided for in subsection (b) of this section, any new funds that may come to this state under the provisions of said acts of Congress shall be divided between the Connecticut Agricultural Experiment Station and the Storrs Agricultural Experiment Station, The University of Connecticut, in such proportion as is agreed upon by the governing boards of the two institutions.

      (b) (1) Expenditure of funds under the Bankhead-Jones Act, Title II, Section 21 and Section 22, shall be under the control of The University of Connecticut.

      (2) Any funds under "Amendment of the Bankhead-Jones Act and the Agricultural Marketing Act of 1946", Title I, Section 10, and Title II, Section 204, shall not be included.

      (1949 Rev., S. 3270; May 25 Sp. Sess. P.A. 94-1, S. 74, 130.)

      History: May 25 Sp. Sess. P.A. 94-1 made technical change for statutory consistency, effective July 1, 1994.

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