MINNESOTA DEPARTMENT OF AGRICULTURE STATE FORMAL QUARANTINE
EMERALD ASH BORER
Section I: Declaration of Formal Quarantine
Whereas, the Commissioner of the Minnesota Department of Agriculture, having found that an exotic
pest, known as the emerald ash borer, Agrilus planipennis Fairmaire, has been detected in Minnesota
and neighboring states and has a limited distribution at this time; and
Whereas, the emerald ash borer has been found infesting and killing ash trees, Fraxinus spp., in
certain counties, cities, and townships; and
Whereas, ash trees are a valuable resource for the nursery, landscaping, and timber industries in
Whereas, ash trees represent a significant component of the natural, urban and rural forest
environments in Minnesota; and
Whereas, the United States Department of Agriculture, Animal and Plant Health Inspection Service
(“APHIS”) has ordered an interstate commerce quarantine that parallels the emergency quarantine and
will parallel this quarantine; and
Whereas, APHIS will quarantine less than an entire state of Minnesota only if Minnesota adopts and
enforces restrictions on the intrastate movement of regulated articles that are equivalent to those
imposed by the APHIS interstate quarantine; and
Whereas, this quarantine is consistent with and does not exceed the APHIS quarantine insofar as it
affects interstate commerce;
Now, therefore, the Commissioner of the Minnesota Department of Agriculture by the authority of
Minnesota Statutes Section 18G.06 (2008) declares this quarantine to prevent the further spread of
this pest and sets forth: definitions, regulated articles, quarantined areas, conditions of
movement, violations and penalties, and special exemptions. This quarantine shall become effective
immediately and will remain in effect until withdrawn or superseded.
Section II: Definitions
“Ash” means all species of the genus Fraxinus.
"Certificate" means a document authorized or prepared by the Commissioner or an APHIS employee or
designee that affirms, declares, or verifies that movement or use of a regulated article complies
with this quarantine, the APHIS quarantine and other legal requirements.
“Commissioner” means the Commissioner of the Minnesota Department of Agriculture or his designee.
"Compliance agreement" means a written agreement between a person and APHIS, and/or the
Commissioner to achieve compliance with this quarantine and the APHIS quarantine.
“Emerald Ash Borer” (“EAB”) means the insect known as emerald ash borer, Agrilus planipennis
Fairmaire, in any stage of development.
“Firewood” means wood cut to lengths less than four feet long. This includes firewood cut for
“Inspector” means an employee of the Minnesota Department of Agriculture or other individual
authorized to enforce the provisions of this quarantine.
“Limited permit” means a document in which an inspector or a person operating under a compliance
agreement affirms that the regulated article does not meet treatment standards is eligible for
intrastate movement only to an approved receiving facility and in accordance with specified
“Log” means tree parts cut into lengths four feet or longer. “Minnesota” means the State of
“Move” (“moved,” “movement”) means shipped, transported, carried; held or offered for shipment,
transport or carriage; received for shipment, transport or carriage; or allowed to be shipped,
transported or carried.
“Person” means any individual, firm, association, partnership, corporation, governmental entity, or
other legal entity.
“Quarantined Area” means any portion of Minnesota listed in Section IV of this quarantine.
“Regulated Article” means any article listed under Section III of this quarantine.
“Receiving Facility” means any mill, incinerator, mulch site, compost site, or other facility that
receives a regulated article.
“State” means the District of Columbia, Puerto Rico, the Northern Mariana Islands, or any state,
territory, or possession of the United States.
“Transit” (“transiting”) means movement through an area.
Section III: Regulated Articles
Regulated articles are as follows:
(A) The emerald ash borer, Agrilus planipennis Fairmaire, in any stage of development.
(B) All plants and plant parts of the genus Fraxinus, including but not limited to:
i. Logs and green lumber
ii. Nursery stock, scion wood, and bud wood
iii. Chips and mulch, either composted or uncomposted
iv. Stumps, roots, and branches
(C) Firewood of any non-coniferous (hardwood) species
(D) Any article, product, or means of conveyance which the Commissioner determines to present a
risk of spread of EAB and the Commissioner has notified the person in possession of that article,
product, or means of conveyance, is subject to this quarantine.
(E) Exceptions are:
i. Ash seeds and leaves that contain no ash twigs, branches, and wood
ii. Processed lumber that is generally bark free, kiln dried, and with squared edges
iii. Finished wood products without bark, including furniture, baskets, and baseball bats
Section IV: Quarantined Areas
(A) The following are designated as quarantined areas:
The entire county of:
Anoka, Brown, Carver, Chisago, Dakota, Dodge, Fillmore, Goodhue, Hennepin, Houston, Martin, Mower, Nobles,
Olmsted, Ramsey, Rice, Scott, Sibley, Stearns, Steele, Wabasha, Washington, Winona, Wright
The portion of St. Louis County in Minnesota including:
West boundary: St. Louis/Carlton County border traveling north on Minnesota Highway 33 to the
intersection of U.S. Highway 53; then following U.S. Highway 53 north to the intersection of Three
Lakes Road (County Highway 49)
North boundary: Three Lakes Road (County Highway 49) at the intersection of U.S. Highway 53
traveling east to the intersection of Vermilion Trail; then the northern edge of Gnesen, North
Star, and Alden Townships to the St. Louis/Lake County border
East boundary: St. Louis/Lake County border
South boundary: St. Louis County border and St. Louis/Carlton County border to Minnesota Highway 33
(B) The Commissioner may designate additional quarantined areas based upon future confirmation of
the presence of the emerald ash borer. Such designations or changes will become effective upon the
posting of notification on the Minnesota Department of Agriculture website located at
http://www.mda.state.mn.us/eab and in the printed listing available upon request through the
Minnesota Department of Agriculture Plant Protection Division, 625 N. Robert St., St. Paul, MN
55155, 651-201-6684 or 1-888-545-6684. In addition, notification will be made according to the
requirements in Minnesota Statutes Section 18G.06, subd. 3(c).
Section V: Restrictions on Regulated Articles
(A) Use of Regulated Articles in a Quarantined Area.
1. The use of ash wood material for the manufacture of pallets and wood crating is prohibited
in the quarantined areas, unless the wood is treated by methods approved by the Commissioner and
takes place under a Compliance Agreement.
(B) Movement From a Quarantined Area to a Non-Quarantined Area.
1. The sale and/or movement of ash nursery stock out of a quarantined area is prohibited.
2. The movement of regulated articles, except ash nursery stock, from any quarantined area to
any non-quarantined area is prohibited, except under conditions a. or b. below.
a. The regulated article shall have been treated or subjected to special handling under a
Compliance Agreement and a Certificate or Limited Permit must be issued. The point of origin shall
be indicated on the bill of lading or other shipping documents. The Certificate or Limited Permit
shall be attached to or associated with the regulated articles and shall remain on/with the regulated articles until such articles reach their final destination. The
Certificate or Limited Permit shall be given to the recipient at the destination of the shipment
and shall be retained with the shipping documents.
b. A regulated article may be moved outside of the quarantined area with a Limited Permit to a
receiving facility pursuant to a Compliance Agreement approved by the Commissioner or a United
States Department of Agriculture designee for processing, utilization, and/or disposal.
(C) Movement Transiting a Quarantined Area When Regulated Articles Originate From a Non-
1. The transit of regulated articles originating from a non-quarantined area, through a
quarantined area, to a non-quarantined area is prohibited, except under the following conditions:
a. During the period of May 1 through September 30, if the regulated articles are shipped in
an enclosed vehicle or completely enclosed by a covering adequate to prevent the infestation of
regulated articles by emerald ash borer.
b. During the period of May 1 through September 30, uncovered regulated articles may transit
without stopping except for refueling or traffic conditions.
c. Transit is not regulated during the period October 1 through May 1.
(D) Movement Within A Quarantined Area
1. Regulated articles may move within a quarantined area.
(E) Movement From A Non-Quarantined Area Into A Quarantined Area.
1. Regulated articles may move from a non-quarantined area into a quarantined area. Once an
article has entered a quarantined area, it is subject to the same restrictions as an article that
originated from the quarantined area.
(F) Removal Of Regulated Articles From Unauthorized Areas.
1. Any regulated articles moved in violation of this quarantine shall be removed to a
permitted area within 24 hours of discovery or shall be subject to destruction under the direction
of the Commissioner and at the expense of the owner or owners.
1. All regulated articles originating from the quarantined area that are moved within
Minnesota or that have been moved within Minnesota must be accompanied by certifications and/or
shipping documents showing the movement was in accordance with this quarantine. Such documents
must be shown to the Commissioner or any APHIS employee when requested.
Section VI: Penalties
(A) Any person violating these quarantine regulations is subject to the civil penalties up to
$7,500.00 per day of violation or misdemeanor penalties set forth in Minnesota Statutes Sections
18J.10 (2011) and may be subject to criminal penalties set forth in Minnesota Statutes Sections
Section VII: Special Exemptions
(A) The Commissioner may allow, with written approval, the movement of emerald ash borer, in any
living stage of development, into or within Minnesota for research purposes.
This Notice and State Formal Quarantine are effective 11/30/2020.
Thom Petersen Commissioner
Minnesota Department of Agriculture