2-2117. Quarantines; notice and hearings.
2-2117
2-2117. Quarantines; notice and hearings.
The secretary is authorized to quarantine this state or any portion
thereof when the secretary determines
that such action is necessary to
prevent or retard the spread of a plant pest and to quarantine any other
state or portion thereof whenever the secretary
determines that a plant pest
exists therein and that such action is necessary to prevent or retard its
spread into this state. Before promulgating the determination that a
quarantine is necessary, the secretary, after due notice to
interested parties, shall hold a public hearing at which any interested
party may
appear and be heard either in person or by attorney. The
secretary may impose a temporary quarantine for a period not to exceed
90 days during which time a public hearing, as
provided in this section,
shall be held if it appears that a quarantine for more than the 90-day
period will be necessary to prevent or retard the spread
of the plant
pest. The secretary may limit the application of the quarantine to the
infested portion of the quarantined area and appropriate environs, to be
known as the regulated area, and, without further hearing,
may extend the
regulated area to include additional portions of the quarantined area.
Following the establishment of the quarantine, no person shall move the
plant pest against which the quarantine is established or move any
regulated article described in the quarantine, within, from, into or
through this state contrary to the quarantine promulgated by the secretary.
The quarantine may restrict the movement of the plant pest and any
regulated articles from the quarantined or regulated area in this state
into or through other parts of this state or other states and from the
quarantined or regulated area in other states into or through this state. The
secretary shall impose such inspection, disinfection,
certification or permit and
other requirements as the secretary shall deem necessary to effectuate the
purposes of this act. The secretary is authorized to establish regulations
defining pest freedom standards for live plants, plants and plant products or
other regulated articles that pose risk of moving plant pests that may cause
economic or
environmental harm.
History: L. 1965, ch. 6, § 6;
L. 2002, ch. 91, § 6; July 1.