3.2-703 - Authority to quarantine. - Virginia Statutes

§ 3.2-703. Authority to quarantine.

The Board may quarantine the Commonwealth or any portion thereof when itdetermines that such action is necessary to prevent or retard the spread of apest into, within, or from the Commonwealth. Before a quarantine is adopted,the Board shall, after due public notice, hold a public hearing in accordancewith the Administrative Process Act (§ 2.2-4000 et seq.), at which hearingany interested party may appear and be heard either in person or by attorney.Notwithstanding the provisions of § 2.2-4002 or any other law to thecontrary, the Commissioner may impose a temporary quarantine for a period notto exceed 90 days. A public hearing, as provided herein, shall be held if itappears that a quarantine for more than the 90-day period will be necessaryto prevent or retard the spread of the pest. The Commissioner shall givenotice of the establishment of the quarantine in a newspaper having generalcirculation in the area affected by the quarantine. The Commissioner maylimit the application of the temporary or permanent quarantine to theinfested area and appropriate environs, to be known as the regulated areas,and may without further hearing extend or reduce the regulated area uponpublication of a notice to that effect in a newspaper having generalcirculation in the area affected by the quarantine or by direct writtennotice to those concerned. Any temporary quarantine imposed by theCommissioner or any extensions or reductions in the regulated areas pursuantto this section shall be reviewed by the Board at its next regularlyscheduled meeting, such review by the Board shall be made within 90 days ofthe Commissioner's action.

Following establishment of a quarantine, no person shall move any regulatedarticle described in the quarantine or move the pest against which thequarantine is established, within, from, into, or through the Commonwealthcontrary to regulations.

The regulations may restrict the movement of the pest and any regulatedarticles from the regulated area in the Commonwealth into or through otherparts of the Commonwealth or other states and from the regulated area inother states into or through the Commonwealth and shall impose suchinspection, disinfection, certification, or permit and other requirements asthe Commissioner deems necessary to effectuate the purposes of this article.The Commissioner may issue administrative instructions relating to theenforcement of regulations including acceptable certification procedures,regulated articles, and exemptions.

(1975, c. 29, § 3.1-188.23; 1980, c. 291; 2008, c. 860.)