Sec. 71.044.  INSPECTION.  (a)  At least once every three years the department shall inspect each nursery, greenhouse, orchard, garden, florist, nursery stock weather protection unit, or other place growing for sale or lease or offering for sale or lease a nursery product, florist item, or other item of plant life in order to determine if the product, item, or premises are infected with a disease or insect pest injurious to human, animal, or plant life.
(b)  The department shall perform additional inspections to the extent necessary to ensure compliance with this subchapter and quarantine agreements with the federal government and other state governments.
(c)  A department inspector may examine invoices or other documents relating to the shipping and receiving of nursery/floral products for the purpose of determining the origin, transit, and chain of custody of nursery/floral items found to be:
(1)  infested with pests or infected with plant disease;  or
(2)  shipped in violation of state or federal quarantine laws, regulations, or agreements.
(d)  This section does not apply to a physical location maintained by a registrant under Section 71.043 who does not maintain an inventory of nursery products or florist items at the location.
Acts 1981, 67th Leg., p. 1156, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 49, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 102, Sec. 2, eff. Jan. 1, 1994;  Acts 2001, 77th Leg., ch. 52, Sec. 11, eff. May 7, 2001.