§ 7 §2301 — Authority

The commissioner, when the commissioner finds that there exists within the State, or in any other state, territory, district or part thereof any dangerous plant disease or insect infestation with reference to which the Secretary of Agriculture of the United States has not determined that a quarantine is necessary and has not established such quarantine, is authorized to promulgate and to enforce by appropriate rules and regulations, adopted in a manner consistent with the Maine Administrative Procedure Act, a quarantine prohibiting or restricting the transportation within, into or through the State, or any portion thereof, of any class of nursery stock, plant, fruit, seed or other article of any character whatsoever, capable of carrying such plant disease or insect infestation. The commissioner is authorized to make, in a manner consistent with the Maine Administrative Procedure Act, rules and regulations for the seizure, inspection, disinfection, destruction, or other disposition of any nursery stock, plant, fruit, seed or other article of any character whatsoever, capable of carrying any plant disease or insect infestation, a quarantine with respect to which has been established by the Secretary of Agriculture of the United States or the commissioner, and that exists within, or has been transported to, into or, through this State in violation of such quarantine.

Legislative History

PL 1977, c. 694, §135 (AMD). PL 1979, c. 731, §13 (AMD). RR 2021, c. 1, Pt. B, §133 (COR).