New Mexico § 76-6-5 - Plant quarantine; authority

§ 76-6-5. Plant quarantine; authority

A. The board is authorized to quarantine this state or any portion thereof when they

determine that such action is necessary to prevent or retard the spread of a pest

within or from this state and to quarantine any other state or portion thereof whenever

they determine that a pest exists therein and that such action is necessary to prevent

or retard its spread into this state. Before promulgating their determination that a quarantine is necessary, the board

shall, after due notice to interested parties, hold a public hearing under such rules

as they shall promulgate, at which hearing any interested party may appear and be

heard either in person or by attorney; provided, the board may impose a temporary

quarantine for a period not to exceed ninety days during which time a public hearing,

as provided herein shall be held if it appears that a quarantine for more than the

ninety-day period will be necessary to prevent or retard the spread of the pest. The board shall give notice of the establishment of the quarantine in such newspapers

in the quarantined area as they may select. The board 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 may, without further hearing, extend the regulated area to include additional

portions of the quarantined area upon publication of a notice to that effect in such

newspapers in the quarantined area as they may select or by direct written notice

to those concerned. B. Following establishment of the quarantine, no person shall 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 regulations promulgated by the

board. Notice of the regulations shall be published in such newspapers in the quarantined

area as the board may select. C. The regulations 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 and shall impose such inspection, disinfection, certification

or permit and other requirements as the board deems necessary to effectuate the purposes

of the Pest Control Act.