18G.06 ESTABLISHMENT OF QUARANTINE RESTRICTIONS.
Subdivision 1. Scope.
The commissioner may impose a quarantine restricting or regulating
the production, movement, or existence of plants, plant products, agricultural commodities, crop
seed, farm products, or other articles or materials in order that the introduction or spread of a plant
pest may be prevented or limited or an existing plant pest may be controlled or eradicated.
Subd. 2. Quarantine notice.
(a) The commissioner may issue orders to take prompt
regulatory action in plant pest emergencies on regulated articles. If continuing quarantine action
is required, a formal quarantine may be imposed. Orders may be issued to retain necessary
quarantine action on a few properties if eradication treatments have been applied and continuing
quarantine action is no longer necessary for the majority of the regulated area.
(b) The commissioner may place an emergency regulation or quarantine in effect without
prior public notice in order to take immediate regulatory action to prevent the introduction or
establishment of a plant pest.
(c) The commissioner may enter into cooperative agreements with the United States
Department of Agriculture and other federal, state, city, or county agencies to assist in the
enforcement of federal quarantines. The commissioner may adopt a quarantine or regulation
against a pest or an area not covered by a federal quarantine. The commissioner may seize,
destroy, or require treatment of products moved from a federally regulated area if they were not
moved in accordance with the federal quarantine regulations or, if certified, they were found to
be infested with the pest organism.
(d) The commissioner may impose a quarantine against a plant pest that is not quarantined
in other states to prevent the spread of the plant pest within this state. The commissioner may
enact a quarantine against a plant pest of regional or national significance even when no federal
domestic quarantine has been adopted. These quarantines regulate intrastate movement between
quarantined and nonquarantined areas of this state. The commissioner may enact a parallel state
quarantine if there is a federal quarantine applied to a portion of the state.
(e) The commissioner may impose a state exterior quarantine if the plant pest is not
established in this state but is established in other states. State exterior quarantines may be enacted
even if no federal domestic quarantine has been adopted. The commissioner may issue control
orders at destinations necessary to prevent the introduction or spread of plant pests.
Subd. 3. Description of regulated areas.
(a) The regulated area to be described in a
quarantine may involve the entire state, portions of the state, or certain names and locations
of infested properties.
(b) Regulated quarantine areas may be subdivided into suppression areas and generally
infested areas if it is desirable to control movement into suppression areas from generally infested
(c) Quarantine provisions or areas regulated may be amended by the commissioner through
publication of a notice to that effect in local newspapers or through direct written notice to
affected property owners.
(d) If an infestation in a specific regulated area has been eliminated to the extent that
movement of the regulated articles no longer present a pest risk, the quarantine in that area
may be removed. The commissioner may also exempt areas from specified requirements until
eradication has been achieved.
Subd. 4. Movement of regulated articles.
(a) A regulated article may be refused entry into
this state if it is prohibited or is required to be certified and comes from an area regulated by a state
or federal quarantine. The owner or carrier of regulated articles that are reportedly originating in
nonregulated areas of a quarantined state must provide proof of origin of the regulated articles.
An invoice, waybill, or other shipping document satisfactory to the receiving state regulatory
official is acceptable as proof of origin.
(b) Certificates or permits are required for the movement of regulated articles from a
regulated area to any point outside the regulated area. Certificates or permits are not required for
a regulated article originating outside of a regulated area moving to another nonregulated area
or moving through or reshipped from a regulated area when the point of origin of the article
is clearly indicated on a waybill, bill of lading, shipper's invoice, or other similar document
accompanying the shipment. Shipments moving through or being reshipped from a regulated area
must be safeguarded against infestation while within the regulated area.
Subd. 5. Public notification of a state quarantine or emergency regulation.
(a) For pest
threats of imminent concern, the commissioner may declare an emergency quarantine or enact
(b) If circumstances permit, public notice and a public hearing must be held to solicit
comments regarding the proposed state quarantine. If a pest threat is of imminent concern
and there is insufficient time to allow full public comment on the proposed quarantine, the
commissioner may impose an emergency quarantine until a state quarantine can be implemented.
(c) Upon establishment of a state quarantine, and upon institution of modifications or repeal,
notices must be sent to the principal parties of interest, including federal and state authorities, and
to organizations representing the public involved in the restrictive measures.
Subd. 6. Quarantine repeal.
A quarantine may be repealed when its purpose has been
accomplished. If a quarantine has attained its objective or if the progress of events has clearly
proved that attainment is not possible by the restrictions adopted, a quarantine may be modified or
History: 2003 c 128 art 4 s 6