Authority: 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 Jul 17, 2014, 3:48 p.m.: 20140813-IR-312140105RFA; readopted filed Sep 18, 2019, 1:18 p.m.: 20191016-IR-312190373RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)