NY Env Conserv L § 9-1301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 9 - Lands and Forests Title 13 - Forest Insect and Disease Control 9-1301 - White Pine Blister Rust and Currant Rust.

§ 9-1301. White pine blister rust and currant rust.For the purpose of suppressing and controlling white pine blister rust   and  currant  rust (Cronartium ribicola), the following provisions shall   apply:1. Certain cultivars of black  currant  declared  a  public  nuisance.   Unless  otherwise  provided  for by this section, the planting, growing,   propagating, cultivating, or selling plants, roots, or cuttings  of  any   species of cultivated black currants (Ribes nigrum) other than cultivars   that  are immune or resistant to white pine blister rust or currant rust   is  hereby  prohibited  in  this  state;  provided,  however,  that  the   planting, growing, propagating, cultivating, or selling plants, roots or   cuttings  of  any  species of cultivated black currants is authorized in   all  fruiting  currant  districts  or   potentially   fruiting   currant   districts.  Such  unauthorized bushes, roots, cuttings, or plants may be   destroyed by the agents of the department.2. Fruiting currant districts and potential fruiting currant districts   defined. Districts  where  the  growing  of  all  species  of  currants,   including  black currants, for the production of fruit is carried on and   is  a  commercial  enterprise  or  a  potentially  important  commercial   enterprise  shall  be  determined  and  designated  as "fruiting currant   districts" or  "potential  fruiting  currant  districts",  and  in  such   districts  the  provisions  of  subdivision  three of this section shall   apply. The location and extent of such districts shall be determined  by   the department and the state department of agriculture and markets.3.  No  measures  for  the control of white pine blister rust shall be   undertaken  by  the  department  within  the  boundaries  of  designated   fruiting currant districts or potential fruiting currant districts.4. Control measures outside of fruiting currant districts or potential   fruiting currant districts. Whenever such action is desirable as a means   of  controlling  white pine blister rust or currant rust, the department   or its duly authorized agents may eradicate any unauthorized  plants  of   the  genus Ribes (currants and gooseberries), either wild or cultivated,   except within nurseries  which  are  annually  certified  by  the  state   department  of  agriculture  and markets to be free from disease. Owners   shall remove from their lands, subject to the direction and the approval   of the duly authorized agents of the department, the plants of the genus   Ribes within a distance of not more than 900 feet of the white  pine  on   the  land  of  adjoining owners who have protected their white pine from   white pine blister rust. If any owner, upon not less than  thirty  days'   notice  in  writing,  fails  to destroy unauthorized Ribes on his or her   property as provided in this subdivision,  the  commissioner  may  cause   such  plants  to  be  destroyed, and the expense of such work shall be a   charge against the owner, which shall constitute a lien upon the land.5. Quarantine regulations. The department shall have the authority, by   order, to establish quarantine districts in any part  or  parts  of  the   state.  In  such  districts,  it  may  prohibit  the  possession  of any   five-leafed pine trees or  plants  of  the  genus  Ribes  (currants  and   gooseberries),  or  so  much thereof as is deemed necessary. It may also   prohibit the transportation of any plants, roots,  or  cuttings  of  the   genus  Ribes  (currants  and  gooseberries)  from  or  to any quarantine   district within the state, or from any  diseased  area  or  locality  in   which  the  disease  exists outside of the state to any point within the   state. Such prohibitions shall be effective on and after the  tenth  day   from  the  date of the order made with respect thereto. On the making of   such order, the department shall cause a certified copy of the  same  to   be  filed  in  the  office  of the clerk of each county affected by such   quarantine and shall give such other  notice  thereof  as  it  may  deem   necessary.  The  provisions  of  this  subdivision  shall  not  apply to    undiseased cultivated plants or to the fruit of diseased plants  of  the   genus Ribes (currants and gooseberries) included within fruiting currant   districts or potential fruiting currant districts or to the merchantable   contents  of  any pine trees; provided that any diseased part thereof is   first destroyed.6. Diseased trees or plants defined. A plant of the genus Ribes  which   is visibly infected by Cronartium ribicola or any five-leafed pines upon   which  white pine blister rust has been found growing shall be construed   to be and be, within the meaning of this section only, a diseased plant,   and, as such, may be destroyed without compensation under the provisions   of this section.7. Authority to eradicate and compensation. Agents or employees of the   department may enter upon any land to carry out the provisions  of  this   section  if  proper  precautionary measures are taken by them to prevent   the spread of this  disease,  and  no  action  for  trespass  shall  lie   therefor. Fair compensation shall be allowed for all undiseased trees or   undiseased  cultivated  Ribes destroyed, except for prohibited varieties   of cultivated  black  currants  (Ribes  nigrum)  located  outside  of  a   fruiting  currant  district  or  potential fruiting currant district. No   compensation shall be paid  by  the  state  for  any  species  of  Ribes   destroyed  in  connection  with  the  establishment of a Ribes-free zone   around commercial nurseries, but fair compensation for such  Ribes  must   be  paid by the person owning or operating the nursery protected by such   destruction of bushes. The rate of fair compensation shall be determined   by the commissioner of agriculture and markets or a committee  appointed   by him or her. If the commissioner of agriculture and markets determines   to  appoint  a  committee  for the purpose of making such determination,   such committee shall be appointed prior to May 1 in each year.