N.D. Cent. Code § 4.1-23-04

4.1-23-04. Authority for plant quarantine

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.