North Dakota Code § 4.1-23-04

Authority for plant quarantine
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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.

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