Section 4.1-23-04 - Authority for plant quarantine1. 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; orb. 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.Added by S.L. 2017, ch. 67 (SB 2027),§ 1, eff. 7/1/2017.