35.0661 TEMPORARY EMERGENCY RESTRICTIONS ON MOVEMENT OF PEOPLE,
LIVESTOCK, MACHINERY, AND OTHER PERSONAL PROPERTY.
Subdivision 1. Disastrous animal disease outbreaks; declaration of emergency.
the board determines that a confirmed case of a disease in this state presents a substantial and
imminent threat to the state's domestic animal population, it shall certify the case to the governor.
After receiving certification from the board, the governor may declare an emergency under this
section for purposes of allowing the board to establish quarantine zones of control to protect
the health of domestic animals from animal diseases of potentially disastrous proportions. The
governor may declare an emergency under this section without declaring a peacetime emergency
. A declaration under this section may specify that it applies to all or certain
units of state or local government, must specify the time period for which it applies, and must be
filed with the secretary of state. This section is in addition to and does not limit authority granted
to the governor or local government officials by chapter 12 or other law.
(b) The board may meet by electronic means without violating state open meeting laws for
the purpose of declaring that a confirmed case of a disease in this state presents a substantial and
imminent threat to the state's domestic animal population. If the board meets by electronic means
for this purpose, it shall comply with the emergency meeting notice provisions of section
, and, to the fullest extent possible, provide public and media access to the meeting.
Subd. 2. Quarantine zones.
Upon an emergency declaration by the governor under
subdivision 1, the board or any licensed veterinarian designated by the board may establish
quarantine zones of control in any area where a specific animal is deemed by a licensed
veterinarian as likely to be infected with the disease based on an actual veterinary examination or
laboratory testing. Quarantine zones of control must be the smallest size practicable to prevent the
spread of disease and must exist for the shortest duration consistent with effective disease control.
A quarantine zone of control must not extend beyond a radius of three miles from an animal
deemed as likely to be infected with the disease, unless the board has adopted a rule regarding a
specific disease requiring a larger quarantine zone of control.
Subd. 3. Restrictions on movement out of quarantine zones.
(a) The board may issue
orders restricting the movement of persons, livestock, machinery, and personal property out of
zones designated by the board as quarantined under subdivision 2. The executive director of the
board or any licensed veterinarian designated by the board may issue the orders. An order may be
issued upon a determination that reasonable cause exists to believe that the movement of persons
or personal property out of a quarantine zone will reasonably threaten to transport a dangerous,
infectious, or communicable disease outside of the quarantine zone.
(b) The order must be served upon any person subject to the order. The restrictions sought by
the board on movement out of a quarantine zone must be limited to the greatest extent possible
consistent with the paramount disease control objectives as determined by the board. An order
under this section may be served on any day at any time. The order must include a notice of
the person's rights under this section, including the ability to enter into an agreement to abide
by disease control measures under paragraph (c) and the right to request a court hearing under
(c) No person may be restricted by an order under this subdivision for longer than 72 hours,
exclusive of Saturdays, Sundays, and legal holidays, so long as the person agrees to abide by the
disease control measures established by the board. The person shall sign an acknowledgment
form prepared by the board evidencing the person's agreement to abide by the disease control
measures established by the board.
(d) A person whose movements are restricted by an order under this subdivision may seek a
district court hearing on the order at any time after it is served on the person. The hearing may be
held by electronic means as soon as possible. The subject of the order may:
(1) contest imposition of the order on grounds that it is an abuse of the board's discretion
under this section; or
(2) seek a variance from it to allow movement of a person inconsistent with the order, upon a
showing that the person would otherwise suffer irreparable harm.
Subd. 4.[Repealed, 1Sp2005 c 1 art 1 s 98
History: 2001 c 192 s 1; 2003 c 107 s 25