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    Subdivision 1. Public nuisance. Any premises, plant, appliance, conveyance, or article
that is infected or infested with plant pests that may cause significant damage or harm and any
premises where any plant pest is found is a public nuisance and must be prosecuted as a public
nuisance in all actions and proceedings. All legal remedies for the prevention and abatement of a
nuisance apply to a public nuisance under this section. It is unlawful for any person to maintain a
public nuisance.
    Subd. 2. Control order. In order to prevent the introduction or spread of harmful or
dangerous plant pests, the commissioner may issue orders for necessary control measures. These
orders may indicate the type of specific control to be used, the compound or material, the manner
or the time of application, and who is responsible for carrying out the control order. Control
orders may include directions to control or abate the plant pest to an acceptable level; eradicate
the plant pest; restrict the movement of the plant pest or any material, article, appliance, plant, or
means of conveyance suspected to be carrying the plant pest; or destroy plants or plant products
infested or infected with a plant pest. Material suspected of being infested or infected with a plant
pest may be confiscated by the commissioner.
History: 2003 c 128 art 4 s 4