2023 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.