This text of North Dakota § 4.1-23-04 (Authority for plant quarantine) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.The commissioner is authorized to quarantine this state or any portion of the state if
the commissioner determines that quarantine is necessary to prevent or retard the
spread of a pest within or from this state, and to quarantine any other state or portion
of another state if the commissioner determines a pest exists in another state and a
quarantine is necessary to prevent or retard the spread of the pest into this state.
Before determining that a quarantine is necessary, the commissioner, after due notice
to interested parties, shall hold a public hearing under rules adopted by the
commissioner.
2.Any interested party may appear and be heard either in person or by attorney at the
public hearing, provided, the commissioner may impose a temporary quarantine for a
period not to exceed
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1. The commissioner is authorized to quarantine this state or any portion of the state if
the commissioner determines that quarantine is necessary to prevent or retard the
spread of a pest within or from this state, and to quarantine any other state or portion
of another state if the commissioner determines a pest exists in another state and a
quarantine is necessary to prevent or retard the spread of the pest into this state.
Before determining that a quarantine is necessary, the commissioner, after due notice
to interested parties, shall hold a public hearing under rules adopted by the
commissioner.
2. Any interested party may appear and be heard either in person or by attorney at the
public hearing, provided, the commissioner may impose a temporary quarantine for a
period not to exceed ninety days during which time a public hearing, as provided for in
this section, must be held if it appears the quarantine may require more than the
ninety-day period to prevent or retard the spread of the pest. The commissioner shall
give notice of the quarantine in those newspapers in the quarantined area selected by
the commissioner. The commissioner 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:
a. Upon publication of a notice in newspapers in the quarantined area selected by
the commissioner; or
b. By direct written notice to those concerned.
3. Following establishment of the quarantine, a person may not move any regulated
article described in the quarantine or move the pest against which the quarantine is
established, within, from, into, or through this state contrary to rules adopted by the
commissioner. Notice of the rules must be published in newspapers in the quarantined
area selected by the commissioner.
4. The rules may restrict the movement of the 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 rules may impose inspections, disinfections, certifications, permits, and
other requirements as the commissioner deems necessary to effectuate the purposes
of this chapter.