N.Y. AGM Law § 166 — New York Code / Act AGM / Article 14 / Section 166
Examination and certification of nurseries and nursery stock
Status: in_force

§ 166. Examination and certification of nurseries and nursery stock.\n1.  The commissioner shall, as often as he or she deems necessary and no\nless than once every two years, inspect all nurseries or places where\nnursery stock is grown for sale. If upon examination it is found that\nsuch nursery stock is apparently free from injurious insects and plant\ndiseases, the commissioner shall issue to the owner of the nursery stock\na certificate to the effect that the stock so examined is apparently\nfree from all injurious insects and plant diseases. Such certificate\nshall be valid for the period of time designated by the commissioner at\nthe time of issuance, unless sooner revoked by the commissioner for\ncause. If injurious insects or plant diseases are found therein, the\nowner or person in charge thereof shall promptly take such measures to\neradicate the same as the commissioner shall prescribe, and no\ncertificate of freedom from disease shall be given until the\ncommissioner has satisfied himself or herself, by subsequent inspection,\nthat all such injurious insects or diseases have been eradicated.\n  2. Owners of nurseries or places where nursery stock is grown for sale\nwho do not hold unexpired and unrevoked certificates of inspection and\nfreedom from disease, as defined in subdivision one of this section,\nshall not sell or otherwise dispose of such nursery stock.\n  3. Dealers in nursery stock who buy nursery stock from nursery growers\nto whom certificates of inspection and freedom from disease have been\nissued as provided by subdivision one of this section, may be granted by\nthe commissioner certificates of inspection and freedom from injurious\ninsects and plant diseases in respect to the stock so purchased, upon\ncomplying with the regulations adopted by the commissioner in relation\nthereto.\n  4. All nursery stock consigned for shipment from any point within this\nstate or shipped by common carrier or other means from any point within\nthis state, shall bear or carry on the container thereof a printed copy\nof the certificate issued as provided in subdivision one of this\nsection. No nursery stock shall be sold or shipped under such a\ncertificate which has not been produced in the nursery in respect to\nwhich such certificate was issued, unless and until such nursery stock\nshall have been found by the commissioner, by examination or otherwise,\nto be apparently free from injurious insects and plant diseases.\n  * 5. In cooperation with the department of environmental conservation,\nthe department shall:\n  a. establish standards for designation of native plants in New York in\nconsultation with recognized certification organizations, academics,\nnursery growers, and nursery dealers;\n  b. develop a list of native plants that shall indicate and\ndifferentiate native plants that are: (i) non-invasive herbaceous and\nwoody plant species that are indigenous to New York state and are likely\nto maintain their range or successfully adapt to anticipated climate\nchanges in New York state and the northeastern United States; and (ii)\nnative, non-invasive plants found elsewhere in the United States that\nare likely to shift or expand their range into New York state and the\nnortheastern United States in response to anticipated climate change;\n  c. offer seals or logos identifying native plants as grown in New York\nstate and marketed by nursery growers and nursery dealers registered\npursuant to this article; and\n  d. provide educational materials promoting awareness and understanding\nof the benefits of native plants under the New York native plant\ndesignation to horticultural producers, garden centers, consumers,\neducational institutions, Cornell cooperative extension, and relevant\nagricultural organizations.\n  * NB Effective December 19, 2026\n  * 6. For the purposes of this section, "native plants" shall mean:\n  a. non-invasive herbaceous and woody plant species that are indigenous\nto New York state and are likely to maintain their range or successfully\nadapt to anticipated climate changes in New York state and the\nnortheastern United States;\n  b. germinating seeds, or other plant parts, used to propagate\ndesirable native plants representing a wide variety of species and\ngenotypes of plants; and\n  c. native, non-invasive plants found elsewhere in the United States\nthat are likely to shift or expand their range into New York state and\nthe northeastern United States in response to anticipated climate\nchange.\n  * NB Effective December 19, 2026\n