38-24A-9. Scope of rules relating to regulated area--Publication of notice.

The secretary may promulgate rules pursuant to chapter 1-26:

(1)    To provide standards and procedures for location, suppression, prevention, retardation, and control of the spread of pests;

(2)    To provide standards and procedures for plant quarantines and embargoes;

(3)    To provide restrictions for the movement of pests, hosts, and regulated articles from quarantined or embargoed areas;

(4)    To provide standards and procedures to seize, treat, or dispose of pests, hosts, or regulated articles;

(5)    To provide standards for restrictions regarding inspection, disinfection, treatment, and certification of plants from quarantined or regulated areas; and

(6)    To establish fees for inspection and certification or to recover costs for pest control efforts.

In addition to the reporting requirements of chapter 1-26 notice of the rules shall be published in such newspapers in the quarantined area as the secretary may select.

Source: SL 1971, ch 220, § 5; SL 1986, ch 326, § 56.

38-24A-9.1. Emergency quarantine measures--Public hearing--Notice--Duration of emergency measures--When chapter 1-26 becomes applicable.

Other provisions of this chapter and the provisions of chapter 1-26 notwithstanding, the secretary may adopt emergency measures to quarantine or otherwise control plant infestations on an emergency basis. Such measures shall be subject to a public hearing, which shall be held within twenty-one days of implementation of such measures, but no official decision need be undertaken at the conclusion of such hearing. Notice of such hearing shall be published at least once in at least one official newspaper in the infested area. Such emergency measures shall be valid for a period of ninety days from implementation of the measures. After ninety days, such measures shall be subject to the rule-making procedures of chapter 1-26.

Source: SL 1986, ch 326, § 54.