Section 312 IAC 18-2-3 - Quarantine principlesAuthority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24-4
Sec. 3.
The division director shall formulate a quarantine according to the following principles:
(1) Every restrictive measure of a quarantine is biologically sound.(2) Language in the quarantine is phrased clearly and stated as simply as practicable to be consistent with legal requirements and the objectives to be attained by the quarantine.(3) The boundaries of a quarantine reference the boundaries used by the director to describe the infested area but may also reference boundaries delineated by rivers, streams, highways, railways, or natural geographic features.(4) A pest or pathogen which is the subject of a quarantine presents an actual or reasonably anticipated environmental, health, or economic hazard in Indiana.(5) The quarantine is a measure for which no substitute action requiring a less obtrusive strategy would be reasonably expected to be as effective.(6) The objectives of the quarantine can be attained.(7) The restrictions imposed by a quarantine are reasonably believed to be essential to the attainment of the objectives. These restrictions may be relatively extensive if the eradication of a pest or pathogen is sought. A less extensive restriction may be required for an infested area where the prevention of spread of the pest or pathogen to other areas is the primary intent of the quarantine.(8) The economic gains anticipated by the quarantine outweigh the cost of administration and the cost of interference with private enterprise caused by the quarantine.Natural Resources Commission; 312 IAC 18-2-3; filed Nov 22, 1996, 3:00 p.m.: 20 IR 942; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; readopted filed Sep 19, 2008, 10:23 a.m.: 20081008-IR-312080076RFA; Readopted filed 7/17/2014, 3:48 p.m.: 20140813-IR-312140105RFAReadopted filed 9/18/2019, 1:18 p.m.: 20191016-IR-312190373RFA