A nursery forced to destroy 50,000 ash trees after dieback fungal disease was found is considering taking legal action against the government for failing to block imports sooner.
Simon Ellis of Crowders in Lincolnshire says it was found in about 15 trees in June but officials issued an order preventing the firm from taking action.
Mr Ellis now says he is considering suing the government for £200,000.
The disease has now been confirmed at 52 locations in Britian.
In the last six weeks 100,000 ash trees have been destroyed in the UK and experts say it may be too late to stop the spread of the fungus.
Scientists say the infection in native trees has been caused by spores of a fungus - carried on the wind from mainland Europe.
Once infected by the chalara fraxinea fungus, a tree cannot be cured.
The import ban came into force on 29 October.
But Mr Ellis says the Horticultural Trades Association wrote to ministers in 2009 warning of a new strain of the ash dieback disease and urged it to close UK borders.
He told BBC Radio 4's Today programme: "They should have taken it seriously at the time. They chose not to and now we have this really dramatic situation and unfortunately, by the sound of it, the ash tree disease has spread throughout the UK
"Effectively our income stream starts now, this is the season, this is our harvest time so to cut off our income stream - what other course of action can we take?"
Martin Ward, chief plant officer with the Department for the Environment, Food and Rural Affairs, said ash dieback disease was not spreading.
He said the rising number of cases being reported was the result of inspections.
The finding of the disease in nursery stock earlier in the year resulted in a risk assessment and as soon as the full extent of the threat became clear, Defra took action, Mr Ward told Today.
Smart gadgetMinisters are concerned the fungus could be present on fallen leaves and spread by the boots of walkers or by pet dogs.
- Diseased saplings typically display dead tops and side shoots.
- Lesions often found at base of dead side shoots.
- Lesions on branch or stem can cause wilting of foliage above.
- Disease affects mature trees by killing off new growth.
But Environment Secretary Owen Paterson maintains the government has acted correctly.
As well as the import ban, walkers are being asked to take precautions.
Thousands of ash trees across Britain were inspected over the weekend, and experts say they expect the full results of the survey by Wednesday.
Ash dieback disease has been found in 38 nurseries, plantations and other locations in England and Scotland, including a car park in Leicester; a forest near Glasgow and a college campus in South Yorkshire.
Last week, it was discovered in wild ash trees on 14 sites across East Anglia.
Defra says the fungus has been found at:
- 18 nurseries that had imported infected plants.
- 20 plantations which had received young trees.
- 14 wild ash trees, infected by fungus spores carried on the wind.
Next week Defra hope to have a new SmartCycler gadget to test for the disease.
The new piece of technology will give a result in about an hour compared with the days it takes currently takes to send samples back to a laboratory.
Around 90% of ash trees in Denmark are believed to have become infected.
The disease was first spotted in the UK on 7 March and Labour has accused the government of being to slow to act and queried whether cuts to the Forestry Commission's budget had affected the response.
But environment minister David Heath denied there had been any cutback in resources "applied to plant health and tree health in this country".
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