Subdivision 1. Public nuisance. Any premises, plant, appliance, conveyance, or article that is infected or infested with plant pests that may cause significant damage or harm and any premises where any plant pest is found is a public nuisance and must be prosecuted as a public nuisance in all actions and proceedings. All legal remedies for the prevention and abatement of a nuisance apply to a public nuisance under this section. It is unlawful for any person to maintain a public nuisance.
Subd. 2. Control order. In order to prevent the introduction or spread of harmful or dangerous plant pests, the commissioner may issue orders for necessary control measures. These orders may indicate the type of specific control to be used, the compound or material, the manner or the time of application, and who is responsible for carrying out the control order. Control orders may include directions to control or abate the plant pest to an acceptable level; eradicate the plant pest; restrict the movement of the plant pest or any material, article, appliance, plant, or means of conveyance suspected to be carrying the plant pest; or destroy plants or plant products infested or infected with a plant pest. Material suspected of being infested or infected with a plant pest may be confiscated by the commissioner.
2003 c 128 art 4 s 4
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Chapter 18G — Plant Protection And Export Certification
Section 18G.01 — Plant Protection; Powers Of Commissioner.
Section 18G.03 — Powers And Duties Of Commissioner.
Section 18G.04 — Eradication, Control, And Abatement Of Nuisances; Issuing Control Orders.
Section 18G.05 — Discovery Of Plant Pests; Official Marking Of Infested Or Infected Articles.
Section 18G.06 — Establishment Of Quarantine Restrictions.
Section 18G.07 — Tree Care And Tree Trimming Company Registration.
Section 18G.09 — Shipment Of Plant Pests And Biological Control Agents.
Section 18G.10 — Export Certification, Inspections, Certificates, Permits, And Fees.
Section 18G.11 — Cooperation With Other Jurisdictions.
Section 18G.12 — Invasive Species Management And Investigation.