                                 CODE OF VIRGINIA

AUTHORITY TO QUARANTINE (§ 3.2-703)

The Board may quarantine the Commonwealth or any portion thereof when it
determines that such action is necessary to prevent or retard the spread of a
pest into, within, or from the Commonwealth. Before a quarantine is adopted, the
Board shall, after due public notice, hold a public hearing in accordance with
the Administrative Process Act (§ 2.2-4000 et seq.), at which hearing any
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 the contrary,
the Commissioner may impose a temporary quarantine for a period not to exceed 90
days. A public hearing, as provided herein, shall be held if it appears that a
quarantine for more than the 90-day period will be necessary to prevent or
retard the spread of the pest. The Commissioner shall give notice of the
establishment of the quarantine in a newspaper having general circulation in the
area affected by the quarantine. The Commissioner may limit the application of
the temporary or permanent quarantine to the infested area and appropriate
environs, to be known as the regulated areas, and may without further hearing
extend or reduce the regulated area upon publication of a notice to that effect
in a newspaper having general circulation in the area affected by the quarantine
or by direct written notice to those concerned. Any temporary quarantine imposed
by the Commissioner or any extensions or reductions in the regulated areas
pursuant to this section shall be reviewed by the Board at its next regularly
scheduled meeting, such review by the Board shall be made within 90 days of the
Commissioner&#8217;s action.
		Following establishment of a 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 the Commonwealth
contrary to regulations.
		The regulations may restrict the movement of the pest and any regulated
articles from the regulated area in the Commonwealth into or through other parts
of the Commonwealth or other states and from the regulated area in other states
into or through the Commonwealth and shall impose such inspection, disinfection,
certification, or permit and other requirements as the Commissioner deems
necessary to effectuate the purposes of this article. The Commissioner may issue
administrative instructions relating to the enforcement of regulations including
acceptable certification procedures, regulated articles, and exemptions.

HISTORY: 1975, c. 29, § 3.1-188.23; 1980, c. 291; 2008, c. 860.