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Well, they really don't.
Act 72 of 1945 says in the preamble "AN ACT to prevent the importation from other states, and the spread within this state, of all serious insect pests and contagious diseases and to provide for their repression and control, imposing certain powers and duties on the commissioner of agriculture; to prescribe penalties for the violation of the provisions of this act; and to repeal certain acts and parts of acts." Well, that sounds to us like it is meant to be used to work on things like this EAB problem.
Now, Act 189 of 1931 the one that the MDA used to declare the ash tree a host plant nuisance, says in the preamble "AN ACT to regulate the sale and distribution of nursery stock, plants, and plant products; to prevent the introduction into and the dissemination within this state of insect pests and plant diseases; to provide for the destruction and control of insect pests and plant diseases; to provide for the destruction of certain plants by owners of certain fruit trees; to provide for license and to provide for inspections; and imposing certain powers and duties on the director of agriculture; to provide for the promulgation of rules; and to prescribe penalties."
Hey, read that again. The only trees mentioned are "certain fruit trees." When did the ash tree start growing fruit? I don't know about you, but, to us that sounds like it could be all about businesses that sell and distribute plants. When you read the whole act and the titles of the various sections of that act it's all about stock, nurseries, annual inspections, warehouses, shipments, certificates, licenses, dealers, buyers, nurserymen, tags on stock, imported stock, unlawful transportation, interstate shipment, etc. Then comes section 18 that the MDA likes, which is called "286.218 Nuisances; public places kept free from injurious insect pests and plant diseases; insects, fungi, bacteria, nematodes, viruses or living plant parasitic organisms; permits." That's the section that they used to improperly call an ash tree a host plant nuisance. It does kind of make sense that a provision that powerful would be in an law about businesses. You can't have some non-essential plant hosting a bug that could damage essential plants that are important to the commerce of the state. After all, the MDA is in the business of protecting our agricultural industry.
Bob Williams (Bob@SaveYourAsh.info)
