2-2117.   Quarantines; notice and hearings.The secretary is authorized to quarantine this state or any portionthereof when the secretary determinesthat such action is necessary toprevent or retard the spread of a plant pest and to quarantine any otherstate or portion thereof whenever the secretarydetermines that a plant pestexists therein and that such action is necessary to prevent or retard itsspread into this state. Before promulgating the determination that aquarantine is necessary, the secretary, after due notice tointerested parties, shall hold a public hearing at which any interestedparty mayappear and be heard either in person or by attorney. Thesecretary may impose a temporary quarantine for a period not to exceed90 days during which time a public hearing, asprovided in this section,shall be held if it appears that a quarantine for more than the 90-dayperiod will be necessary to prevent or retard the spreadof the plantpest. The secretary may limit the application of the quarantine to theinfested portion of the quarantined area and appropriate environs, to beknown as the regulated area, and, without further hearing,may extend theregulated area to include additional portions of the quarantined area.Following the establishment of the quarantine, no person shall move theplant pest against which the quarantine is established or move anyregulated article described in the quarantine, within, from, into orthrough this state contrary to the quarantine promulgated by the secretary.The quarantine may restrict the movement of the plant pest and anyregulated articles from the quarantined or regulated area in this stateinto or through other parts of this state or other states and from thequarantined or regulated area in other states into or through this state. Thesecretary shall impose such inspection, disinfection,certification or permit andother requirements as the secretary shall deem necessary to effectuate thepurposes of this act. The secretary is authorized to establish regulationsdefining pest freedom standards for live plants, plants and plant products orother regulated articles that pose risk of moving plant pests that may causeeconomic orenvironmental harm.

      History:   L. 1965, ch. 6, § 6;L. 2002, ch. 91, § 6; July 1.