reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 130 - Control Of Scleroderris Canker › Section 130.6 - Marking requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Every container of regulated articles intended for movement from the
				  quarantined area shall be plainly marked with the name and address of the
				  consignor and the name and address of the consignee, when offered for shipment,
				  and shall have securely attached to the outside thereof a valid certificate or
				  limited permit issued in compliance with this Part, provided that:
(1) One certificate may be attached to one of
				  the containers and another to the waybill; and for carlot freight or express
				  shipment, either in containers or in bulk, a certificate need be attached to
				  the waybill only and a placard to the outside of the car, showing the number of
				  the certificate accompanying the waybill.
(2) For movement by road vehicle, the
				  certificate shall accompany the vehicle and be surrendered to consignee upon
				  delivery of shipment.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 130 - Control Of Scleroderris Canker › Section 130.7 - Shipments for experimental and scientific purposes

Current through Register Vol. 46, No. 28, July 10, 2024
Regulated articles may be moved from the quarantined area
					 for experimental or scientific purposes, on such conditions and under such
					 safeguards as may be approved by the commissioner. The container of articles so
					 moved shall bear, securely attached to the outside thereof, a certificate
					 showing compliance with such conditions.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 130 - Control Of Scleroderris Canker › Section 130.8 - Statement of origin of regulated articles

Current through Register Vol. 46, No. 28, July 10, 2024
Every person selling or delivering or attempting to sell or
					 deliver, or ship regulated articles, as defined in section
					 130.3  of this
					 Part, in this State, shall accompany each such load, bundle, package or
					 shipment of the same with a legibly written statement of origin which shall
					 contain the address of the lands on which such regulated articles were grown,
					 obtained, or cut, and the name and address of the consignor and
					 consignee.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 131 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 132 - Vegetable Plant Quarantine › Section 132.1 - Vegetable plant quarantine order no. 1

Current through Register Vol. 46, No. 28, July 10, 2024
(a) I, Don J. Wickham, as Commissioner of
				  Agriculture and Markets of the State of New York, pursuant to the provisions of
				  article 14 of the Agriculture and Markets Law, and for the purpose of
				  preventing the introduction into this State of injurious insects, pests and
				  plant diseases and the spread thereof, and deeming it necessary and fitting in
				  order to carry out the purposes of said statute, do hereby, pursuant to said
				  article 14, establish a quarantine prohibiting the entry into New York State of
				  vegetable plants originating in areas outside of this State, except under
				  conditions prescribed in the rules and regulations supplemental hereto
				  (effective April 1, 1959) and when accompanied by a certificate or permit
				  issued by a duly authorized official of the country, province or state in which
				  such shipment originated.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 133 - Vegetable Plants › Section 133.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Vegetable
				  plants are young plants, originating from seed, roots, stems, cuttings, tubers,
				  bulbs or corms, intended for transplanting.
(b) Certificate or permit shall mean a
				  document issued by an authorized official of the country, province or state in
				  which shipments of vegetable plants originated which is evidence of the
				  apparent freedom of vegetable plants from injurious insects, pests or plant
				  diseases.
(c) Authorized official
				  shall mean the chief horticultural inspector, by whatever name known, of the
				  country, province or state (other than New York State) in which the shipment of
				  vegetable plants originated.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 133 - Vegetable Plants › Section 133.2 - Quarantine area

Current through Register Vol. 46, No. 28, July 10, 2024
Any area outside the State of New York.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 133 - Vegetable Plants › Section 133.3 - Quarantined articles

Current through Register Vol. 46, No. 28, July 10, 2024
All vegetable plants.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 133 - Vegetable Plants › Section 133.4 - Condition for entry into new york state

Current through Register Vol. 46, No. 28, July 10, 2024
Any vegetable plant free from soil, or in soil freed from
					 injurious insects, pests or plant diseases by methods acceptable to an
					 authorized official may be shipped into New York State when accompanied by a
					 certificate issued by said authorized official. Such certificate shall state
					 that the vegetable plants are apparently free from injurious insects, pests or
					 plant diseases and that said vegetable plants were properly treated during
					 their growing season to prevent the establishment of injurious insects, pests
					 or plant diseases.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 133 - Vegetable Plants › Section 133.5 - Inspection at point of destination

Current through Register Vol. 46, No. 28, July 10, 2024
All vegetable plants entering the State of New York,
					 regardless of means of transportation, are subject to inspection on arrival at
					 destination, and, if found to be infested or infected with injurious insects,
					 pests or plant diseases shall be immediately destroyed or ordered removed from
					 New York State. Vegetable plants without valid certificates or inspection shall
					 be destroyed or returned to the consignor. All vegetable plant shipments
					 entering New York State shall be plainly marked to show the name and address of
					 the grower and shipper.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 134 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 135 - Blossom Thinning Sprays › Section 135.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in these regulations the following terms shall
					 mean:
(a) Blossom thinning sprays. A
				  spray used on fruit trees when said trees are in blossom, which spray has a
				  tendency to kill a part of the blossoms.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 135 - Blossom Thinning Sprays › Section 135.2 - Prohibited spray

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				  shall be lawful to use a blossom thinning spray consisting of sodium salt of
				  dinitro ortho cresol and dinitro ortho cycle hexyl phenol.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 136 - Dealers In Nursery Stock › Section 136.1 - Dealer defined

Current through Register Vol. 46, No. 28, July 10, 2024
Dealers are defined as persons or firms not acting as
					 agents who are engaged in selling or peddling nursery stock, who do not
					 themselves grow more than 25 percent of the nursery stock handled by them.
					 Dealers must, before exposing, offering or transporting for sale nursery stock,
					 hold a dealer's certificate issued to them after application for this
					 department for said certificate.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 136 - Dealers In Nursery Stock › Section 136.2 - Dealer requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Dealers are required to sign an agreement before a
					 certificate will be issued them and agree to conform to the following
					 requirements:
(a) To purchase or
				  obtain nursery stock from growers who hold certificates of inspection issued by
				  the proper authorities of the state in which said nursery stock was grown; and
				  that no nursery stock received will be used unless properly certified, and if
				  uncertified stock should be received, that before distribution the Department
				  of Agriculture and Markets will be notified so that inspection of the same may
				  be made if deemed necessary.
(b) To
				  agree, when transporting nursery stock by motor or other vehicle, to see that
				  it is accompanied by a valid certificate issued by this department, if grown
				  within the State, or with a valid certificate issued by the State where grown,
				  if transported from outside the State to points within the State, together with
				  a detailed invoice of the contents of the load covered by said
				  certificate.
(c) To agree to
				  maintain store, premises, motor vehicles, etc., where nursery stock is exposed
				  for sale or being transported for sale, subject to inspection by
				  representatives or inspectors of the Department of Agriculture and
				  Markets.
(d) To agree to supply the
				  Department of Agriculture and Markets with a list of persons from whom nursery
				  stock is to be purchased for their trade, giving names and addresses, also
				  kinds of stock to be purchased for distribution.
(e) To agree to conform to the laws of the
				  State of New York relative to the handling and movement of nursery stock, and
				  to the regulations issued relative thereto, by the Department of Agriculture
				  and Markets.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 137 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 138 - Certification Of Grape Root Stocks And Propagating Material › Section 138.1 - Statement of freedom from viruses

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in this Part, all grape root stocks,
					 grape wood for propagating purposes, and "finished" grape plants for fruit
					 production shipped into this State from countries, provinces or States where
					 the following named viruses have been reported shall have attached thereto, in
					 addition to a valid inspection certificate required by subdivision 2 of section 163  of the Agriculture and Markets Law, a
					 statement that the root stock, finished plant, or propagating material is free
					 of the following virus diseases: viruses of the fan-leaf group (fan-leaf,
					 yellow mosaic, vein banding), leaf roll virus, corky bark virus, and Flavesence
					 doree virus. A statement as to freedom from such viruses shall be made only
					 after the plants or parent stock have been indexed by an approved
					 method.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 138 - Certification Of Grape Root Stocks And Propagating Material › Section 138.2 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
Grape root stock and propagating materials not accompanied
					 by a statement of freedom from virus may be admitted to this State under the
					 following conditions and restrictions:
(a) Vitis vinifera varieties. Non-rooted
				  propagating materials may be admitted if accompanied by a statement that the
				  mother vines were visually inspected in early June and again in late August and
				  were apparently free of the aforementioned virus diseases.
(b) American varieties and hybrids.
				  Non-rooted propagating materials and own-rooted vines may be admitted if
				  accompanied by a statement certifying that they were derived from own-rooted
				  mother vines free from cluster abnormalities such as shot-berry or cluster
				  abortion.
(c) Resistant root stocks
				  and French hybrids (fruiting varieties hybridized in Europe). Non-rooted and
				  rooted propagating materials may be admitted to nurseries under a one-year
				  postentry quarantine. During the postentry quarantine period, such materials
				  will be indexed on Mission, St. George, and Chenopodium quinoa. Any virus
				  infected material will be destroyed.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 138 - Certification Of Grape Root Stocks And Propagating Material › Section 138.3 - Execution of statement

Current through Register Vol. 46, No. 28, July 10, 2024
Statements of freedom from viruses required by this Part
					 must be the statement of the chief horticultural inspector, by whatever name
					 known, of the country, province or State in which such shipment
					 originated.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 139 - Control of the Asian Long Horned Beetle › Section 139.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part, the following words, names
					 and terms shall be construed, respectively, to mean:
(a) Asian Long Horned Beetle. The insect
				  known as the Asian Long Horned Beetle, Anoplophora glabripennis, in any stage
				  of development.
(b) Infestation.
				  This term refers to the presence of the Asian Long Horned Beetle in any life
				  stage or as determined by evidence of activity of one or more of the life
				  stages.
(c) Regulated area. The
				  quarantined area to which this Part applies.
(d) Inspector. An inspector of the New York
				  State Department of Agriculture and Markets, or of the United States Department
				  of Agriculture, when authorized to act in that capacity.
(e) Moved; movement. Shipped, offered for
				  shipment to a common carrier received for transportation or transported by a
				  common carrier, or carried, transported, moved or allowed to be moved from the
				  regulated area into or through any nonregulated portion of the State.
(f) Certificate. A valid form certifying the
				  eligibility of products for intrastate movement under the requirements of this
				  Part.
(g) Limited permit. A valid
				  form authorizing the restricted movement of regulated articles from a regulated
				  area to a specified destination for specified processing, handling or
				  utilization.
(h) Compliance
				  agreement. An approved document, executed by persons or firms, covering the
				  restricted movement, processing, handling or utilization of regulated articles
				  not eligible for certification for intrastate movement.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 139 - Control of the Asian Long Horned Beetle › Section 139.3 - Articles under regulation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Prohibited movement. The intrastate movement of living Asian Long Horned
				  Beetles in any stage of development, whether moved independent of or in
				  connection with any other article, is prohibited, except as provided in section
				  139.9 
				  of this Part.
(b) Regulated
				  movement. The following articles shall not be removed from a quarantined area
				  except under a limited permit or unless accompanied by a certificate indicating
				  freedom from infestation:
(1) Firewood (all
				  hardwood species) and all host material living, dead, cut or fallen, inclusive
				  of nursery stock, logs, green lumber, stumps, roots, branches and debris of a
				  half inch or more in diameter of the following genera: Acer (Maple); Aesculus
				  (Horse Chestnut); Albizia (Silk Tree or Mimosa); Betula (Birch); Cercidiphyllum
				  japonicum (Katsura); Fraxinus (Ash); Koelreuteria (Goldenrain tree); Platanus
				  (Plane Tree, Sycamore); Populus (Poplar); Salix (Willow); Sorbus (Mountain
				  Ash); and Ulmus (Elm) are regulated articles.
(2) Any other commodity or article when found
				  on inspection to be infested with, or show evidence of, the Asian Long Horned
				  Beetle in any stage of development.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 139 - Control of the Asian Long Horned Beetle › Section 139.4 - Conditions governing the intrastate movement of regulated articles

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Movement from
				  regulated area. Unless exempted by administrative instructions of the
				  Commissioner of Agriculture and Markets of the State of New York, regulated
				  articles shall not be moved intrastate from the regulated area to or through
				  any point outside thereof unless accompanied by a valid certificate or limited
				  permit issued by an inspector, authorizing such movement.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 139 - Control of the Asian Long Horned Beetle › Section 139.5 - Conditions governing the issuance of certificates and permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certificates
				  may be issued for the intrastate movement of regulated articles under one or
				  more of the following conditions:
(1) when
				  they have been inspected and found apparently free from infestation;
(2) when they have been treated, fumigated,
				  or processed by approved methods; or
(3) when they have been grown, produced,
				  manufactured, stored, or handled in such a manner that, in the judgment of the
				  inspector, no infestation would be transmitted thereby: provided, that
				  subsequent to certification, the regulated articles will be loaded, handled,
				  and shipped under such protection and safeguards against reinfestation as are
				  required by the inspector.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 139 - Control of the Asian Long Horned Beetle › Section 139.6 - Inspection and disposition of shipments

Current through Register Vol. 46, No. 28, July 10, 2024
Any car or other conveyance, any package or other
					 container, and any article or thing to be moved, which is moving, or which has
					 been moved intrastate from the regulated area, which contains, or which the
					 inspector has probable cause to believe may contain, infestations of the Asian
					 Long Horned Beetle, or articles or things regulated under this quarantine, may
					 be examined by an inspector at any time or place. When articles or things are
					 found to be moving or to have been moved intrastate in violation of these
					 regulations, the inspector may take such action as he deems necessary to
					 eliminate the danger of dissemination of the Asian Long Horned Beetle. If found
					 to be infested, such articles or things must be freed of infestation without
					 cost to the State except that for inspection and supervision.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 139 - Control of the Asian Long Horned Beetle › Section 139.7 - Assembly of regulated articles for inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons intending to move intrastate any
				  of the articles covered by these regulations shall make application for
				  certification as far in advance as possible, and will be required to prepare
				  and assemble materials at such points and in such manner as the inspector shall
				  designate, so that thorough inspection may be made or approved treatments
				  applied. Articles to be inspected as a basis for certification must be free
				  from matter which makes inspection impracticable.
(b) The New York State Department of
				  Agriculture will not be responsible for any cost incident to inspection,
				  treatment, or certification other than the services of the inspector.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 139 - Control of the Asian Long Horned Beetle › Section 139.8 - Marking requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Every container of regulated articles intended for
					 intrastate movement shall be plainly marked with the name and address of the
					 consignor and the name and address of the consignee, when offered for shipment,
					 and shall have securely attached to the outside thereof a valid certificate (or
					 limited permit) issued in compliance with these regulations: provided,
					 that:
(a) for lot freight shipments,
				  other than by road vehicle, one certificate may be attached to one of the
				  containers and another to the waybill; and for carlot freight or express
				  shipment, either in containers or in bulk, a certificate need be attached to
				  the waybill only and a placard to the outside of the car, showing the number of
				  the certificate accompanying the waybill; and
(b) for movement by road vehicle, the
				  certificate shall accompany the vehicle and be surrendered to consignee upon
				  delivery of shipment.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 139 - Control of the Asian Long Horned Beetle › Section 139.9 - Shipments for experimental and scientific purposes

Current through Register Vol. 46, No. 28, July 10, 2024
Regulated articles may be moved intrastate for experimental
					 or scientific purposes, on such conditions and under such safeguards as may be
					 prescribed by the New York State Department of Agriculture and Markets. The
					 container of articles so moved shall bear, securely attached to the outside
					 thereof, an identifying tag issued by the New York State Department of
					 Agriculture and Markets showing compliance with such
					 conditions.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.2 - Quarantined area

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  That area of Niagara County which is bordered on the north by Lake Ontario and
				  bordered on the east by the town line of the Towns of Newfane and Somerset,
				  extending south to the town line of the Towns of Newfane and Hartland,
				  extending south on the town lines of the Towns of Newfane and Hartland to the
				  intersection of Route 104 (Ridge Road), extending west on Route 104 (Ridge
				  Road), to the intersection of Route 425 (Cambria-Wilson Road/Lake Street),
				  extending north on Route 425 to Lake Ontario to the north.
(b) The following cities, towns, and hamlets
				  are under quarantine for the plum pox virus:
(1) City of Newburgh in Orange
				  County;
(2) Town of Newburgh in
				  Orange County;
(3) City of
				  Poughkeepsie in Dutchess County;
(4) Town of Poughkeepsie in Dutchess
				  County;
(5) Town of Marlborough in
				  Ulster County;
(6) City of Beacon
				  in Dutchess County;
(7) Town of
				  Plattekill in Ulster County;
(8)
				  Town of Fishkill in Dutchess County;
(9) Town of Wappinger in Dutchess County;
				  and
(10) Hamlet of Marlboro in
				  Ulster County.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.3 - Regulated area

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  That area of Ulster and Orange Counties that intersects and lies within the
				  following one mile radius circle: (GPS coordinates 41.59229. -73.97927), that
				  intersect with Route 9W on the north, following an imaginary line east to the
				  intersection of Mill House Road, (GPS coordinates 41.58775. -73.97780),
				  following an imaginary line south-west to the intersection of McDonald Drive,
				  (GPS coordinates 41.57976, -73.97993), following an imaginary line south-west
				  to the intersection of Levinson Heights Road, (GPS coordinates 41.57397,
				  -73.98737), following an imaginary line south to the intersection of Old Post
				  Road, (GPS coordinates 41.57295, -73.99007), following an imaginary line south
				  to the intersection of Route 9W on the south, (GPS coordinates 41.57271,
				  -73.99096), following an imaginary line south-west to the intersection of
				  Lattintown Road (GPS coordinates 41.57393, -74.00663), following an imaginary
				  line north-west to the intersection of Candlestick Hill Road, (GPS coordinates
				  41.58121, -74.01490), following an imaginary line north-west to the
				  intersection of Bingham Road, (GPS coordinates 41.58945, -74.01589), following
				  an imaginary line north to the intersection of Hampton Road, (GPS coordinates
				  41.59138, -74.01522), following an imaginary line north-east to the
				  intersection of Gobblers Knob Road, (GPS coordinates 41.59830, -74.00813),
				  following an imaginary line north-east to the intersection of Gobblers Knob
				  Road, (GPS coordinates 41.59872, -74.00733), following an imaginary line
				  north-east to the intersection of South Street, (GPS coordinates 41.60023,
				  -74.00320), following an imaginary line north-east to the intersection of
				  Lattintown Road, (GPS coordinates 41.60084, -73.99983), following an imaginary
				  line east to the intersection of Lu El Ann Road, (GPS coordinates 41.60084,
				  -73.99450), following an imaginary line south-east to the intersection of Cross
				  Road, (GPS coordinates 41.59916, -73.98775), following an imaginary line
				  south-east to the intersection of South Street/Rosa Drive, (GPS coordinates
				  41.59774, -73.98483), following an imaginary line south-east to the
				  intersection of Highland Avenue, (GPS coordinates 41.59639, -73.98296),
				  following an imaginary line south-east to Vineyard Lane, (GPS coordinates
				  41.5960, -73.98245), following an imaginary line south-east back to the
				  intersection of Route 9W, (GPS coordinates 41.59229, -73.97927), to close the
				  imaginary line in a one mile circle.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.4 - Nursery stock regulated area

Current through Register Vol. 46, No. 28, July 10, 2024
The nursery stock regulated area shall consist of the
					 quarantined area set forth in section
					 140.2  of this
					 Part, exclusive of the regulated areas set forth in section
					 140.3  of this
					 Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.5 - Conditions governing the propagation of regulated articles

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Regulated articles originating from or growing within the regulated area of the
				  nursery stock regulated area shall not be used as a source of propagated
				  material (either root stock, scion, budwood or seed).
(b) Regulated articles originating from or
				  growing within Niagara County shall not be used as a source of propagated
				  material (either root stock, scion, budwood or seed), except as allowed in
				  subdivision (c) of this section.
(c) On-farm propagation of regulated articles
				  for the purposes of fruit production shall only be allowed pursuant to a
				  compliance agreement.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.6 - Conditions governing the intrastate movement of regulated articles

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Prohibited movement.
(1) The movement of any
				  regulated article within the regulated area is prohibited.
(2) The intrastate movement of any regulated
				  article from the regulated area to any point outside the regulated area is
				  prohibited, except pursuant to a limited permit, authorizing such
				  movement.
(3) The intrastate
				  movement of any regulated article from any point outside the regulated area to
				  the regulated area is prohibited, except pursuant to a limited permit,
				  authorizing such movement.
(4) The
				  intrastate movement of any article infected with or suspected of having been
				  exposed to the plum pox virus is prohibited, except as provided in section
				  140.12 
				  of this Part.
(5) The handling of
				  regulated articles by nursery dealers or nursery growers within the nursery
				  stock regulated area is prohibited, except pursuant to a compliance
				  agreement.
(6) The digging and
				  moving of regulated articles by nursery dealers and nursery growers within the
				  nursery stock regulated area is prohibited.
(7) The planting and over-wintering of
				  regulated articles by nursery dealers and nursery growers within the nursery
				  stock regulated area is prohibited.
(8) The planting and over-wintering of
				  regulated articles by nursery dealers and nursery growers within Niagara County
				  is prohibited.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.7 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
Nursery dealers and nursery growers handling regulated
					 articles within a nursery stock regulated area that is adjacent to a regulated
					 area shall compile, maintain and make available for inspection, for a period of
					 two years, records of inventory and sales of regulated articles on a form or
					 forms prescribed by the commissioner.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.8 - Conditions governing the issuance of certificates and permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Certificates may be issued for the intrastate movement of regulated articles
				  when they have been grown, produced, manufactured, stored or handled in such a
				  manner that, in the judgment of the inspector, no infection would be
				  transmitted thereby, provided that subsequent to certification, the regulated
				  articles will be loaded, handled and shipped under such protection and
				  safeguards against reinfection as are required by the inspector.
(b) Limited permits may be issued for the
				  movement of noncertified regulated articles to specified destinations for
				  specified processing, handling, or utilization. Persons shipping, transporting,
				  or receiving such articles may be required to enter into compliance agreements
				  to maintain such sanitation safeguards against the establishment and spread of
				  infection and to comply with such conditions as to the maintenance of identity,
				  handling, processing, or subsequent movement of regulated products and the
				  cleaning of cars, trucks and other vehicles used in the transportation of such
				  articles, as may be required by the inspector. Failure to comply with
				  conditions of the agreement will result in cancellation of a limited
				  permit.
(c) Certificates or limited
				  permits issued under these regulations may be withdrawn or canceled by the
				  commissioner and further certification refused whenever in his or her judgment
				  the further use of such certificates or limited permits may result in the
				  spread of the plum pox virus.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.9 - Inspection and disposition of shipments

Current through Register Vol. 46, No. 28, July 10, 2024
Any car or other conveyance, any package or other
					 container, and any article or thing to be moved, which is moving, or which has
					 been moved intrastate from the regulated area, which contains, or which the
					 inspector has probable cause to believe may contain, regulated articles or
					 other articles infected with the plum pox virus, may be examined by an
					 inspector at any time or place. When regulated articles are found to be moving
					 or to have been moved intrastate in violation of these regulations, the
					 inspector may take such action as he or she deems necessary to eliminate the
					 danger of the spread of the plum pox virus. If found to be infected, such
					 articles or regulated articles shall be freed of infection without cost to the
					 State except that for inspection and supervision.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.10 - Assembly of regulated articles for inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons intending to move intrastate any
				  of the articles covered by these regulations shall make application for
				  certification as far in advance as possible, and will be required to prepare
				  and assemble articles at such points and in such manner as the inspector shall
				  designate, so that thorough inspection may be made or approved treatments
				  verified. Articles to be inspected as a basis for certification must be free
				  from matter which makes inspection impracticable.
(b) The New York State Department of
				  Agriculture and Markets or the United States Department of Agriculture Animal
				  and Plant Health Inspection Service (USDA APHIS) shall not be responsible for
				  any cost incident to inspection, treatment, or certification other than the
				  services of the inspector.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.11 - Marking requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Every container of regulated articles intended for
					 intrastate movement shall be plainly marked with the name and address of the
					 consignor and the name and address of the consignee, when offered for shipment,
					 and shall have securely attached to the outside thereof a valid certificate or
					 limited permit, issued in compliance with these regulations, provided,
					 that:
(a) for lot freight shipments,
				  other than by road vehicle, one certificate may be attached to one of the
				  containers and another to the waybill; and for car lot freight or express
				  shipment, either in containers or in bulk, a certificate need be attached to
				  the waybill only and a placard to the outside of the car, showing the number of
				  the certificate accompanying the waybill; and
(b) for movement by road vehicle, the
				  certificate shall accompany the vehicle and be surrendered to consignee upon
				  delivery of shipment.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.12 - Shipments for experimental and scientific purposes

Current through Register Vol. 46, No. 28, July 10, 2024
Regulated articles may be moved intrastate for experimental
					 or scientific purposes, on such conditions and under such safeguards as may be
					 prescribed by the New York State Department of Agriculture and Markets. The
					 container of articles so moved shall bear, securely attached to the outside
					 thereof, an identifying tag issued by the New York State Department of
					 Agriculture and Markets showing compliance with such
					 conditions.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 141 - Control of the Emerald Ash Borer (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Agriculture and Markets Law,
					 §§18, 164, 167
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 142 - Exterior Quarantine of Spotted Lanternfly (lycorma Delicatula) › Section 142.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For this Part, the following words, names and terms shall
					 be construed respectively, to mean:
(a) AML. The Agriculture and Markets
				  Law.
(b) Certificate of inspection.
				  A valid form issued by the certifying authority of a state, certifying that a
				  regulated article may be moved into the State of New York, pursuant to the
				  provisions of this Part.
(c)
				  Certifying Authority. A State Plant Regulatory Official (SPRO) or an individual
				  authorized by a SPRO to issue a certificate of inspection.
(d) Commissioner. The Commissioner of the
				  Department of Agriculture and Markets of the State of New York, or his or her
				  duly authorized representative.
(e)
				  DEC. The Department of Environmental Conservation of the State of New
				  York.
(f) Department. The
				  Department of Agriculture and Markets of the State of New York.
(g) Firewood. Wood, cut or not cut, split or
				  not split, regardless of length, which is either in a form and size appropriate
				  for use as fuel, or intended for use as fuel. Firewood does not include:
(1) kiln dried dimensional lumber;
(2) wood that has been chipped; and
(3) logs or wood being transported
				  to or possessed by the following operations and facilities for use in their
				  primary manufacturing process:
(i) sawmills
				  for dimensional lumber;
(ii) pulp
				  and/or paper mills;
(iii) wood
				  pellet manufacturing facilities;
(iv) plywood manufacturing facilities;
(v) wood biomass-using refineries
				  or power plants;
(vi)
				  re-constituted wood or wood composite product manufacturing plants; and
(vii) facilities treating firewood
				  in accordance with Department regulations.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 142 - Exterior Quarantine of Spotted Lanternfly (lycorma Delicatula) › Section 142.2 - Quarantine area

Current through Register Vol. 46, No. 28, July 10, 2024
The quarantine area consists of the following
					 counties:
(a) in the Commonwealth of
				  Pennsylvania, the Counties of Allegheny, Beaver, Berks, Blair, Bucks, Carbon,
				  Chester, Columbia, Cumberland, Dauphin, Delaware, Huntington, Juniata,
				  Lancaster, Lebanon, Lehigh, Luzerna, Mifflin, Monroe, Montgomery, Northampton,
				  Northumberland, Perry, Philadelphia, Schuylkill, York;
(b) in the Commonwealth of Virginia, the
				  Counties of Clarke and Frederick;
(c) in the State of New Jersey, the Counties
				  of Burlington, Camden, Gloucester, Salem, Mercer, Hunterdon, Warren and
				  Somerset;
(d) in the State of
				  Delaware, the County of New Castle;
(e) in the State of Maryland, the Counties of
				  Cecil and Hartford;
(f) in the State
				  of West Virginia, the County of Berkley.