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 142 - Exterior Quarantine of Spotted Lanternfly (lycorma Delicatula) › Section 142.3 - Regulated articles

Current through Register Vol. 46, No. 28, July 10, 2024
The following articles are regulated when originating from,
					 located within, or moved through the area as described in Section 142.2  of this
					 Part:
(a) Any living life stage of the
				  Spotted lanternfly.
(b) Brush,
				  debris, bark, or yard waste.
(c)
				  Landscaping, remodeling, or construction waste.
(d) Logs, stumps, or any tree
				  parts.
(e) Firewood of any
				  species.
(f) Packing materials,
				  such as wood crates or boxes.
(g)
				  All plants and plant parts including, but not limited to, nursery stock, green
				  lumber, fruit and produce, and other material living, dead, cut, fallen
				  (including stumps), roots, branches, mulch, and composted and uncompos-ted
				  chips.
(h) Outdoor household
				  articles, including, but not limited to, recreational vehicles, lawn tractors
				  and mowers, mower decks, grills, grill and furniture covers, tarps, mobile
				  homes, tile, stone, deck boards, mobile fire pits, and any equipment associated
				  therewith, and trucks or vehicles not stored indoors.
(i) Any other article, commodity, item, or
				  product that has or that is reasonably believed to be infested with or
				  harboring Spotted lanternfly.
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 142.4 - Restrictions on movement of regulated articles originating from or moved through a quarantine area, into the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall move a regulated article
				  that has originated from a quarantine area into the State of New York unless:
(1) such regulated article is accompanied by
				  a certificate of inspection or will be moved into the State of New York for
				  experimental or scientific purposes, on such conditions and under such
				  safeguards as may be prescribed in writing by the Department; and
(2) such regulated article has been loaded,
				  handled, or shipped in a manner reasonably designed to prevent it from becoming
				  infested with or harboring Spotted lanternfly; and
(3) the regulated article is accompanied by a
				  waybill that sets forth its point of origin and intended destination.
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 142.5 - Conditions governing the issuance of a certificate of inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department
				  will not accept or recognize a certificate of inspection, nor a substantially
				  revised certificate of inspection, unless a copy thereof is furnished to the
				  Department for its approval, prior to use.
(b) The Department will not accept or
				  recognize a certificate of inspection unless the certificate of inspection
				  provides, and clearly and convincingly indicates, that:
(1)
(i) The
				  regulated article has been inspected and found to be free of Spotted
				  lanternfly; or
(ii) the regulated
				  article has been treated, fumigated, or processed by an approved method; or
(iii) the regulated article has
				  been grown, produced, manufactured, stored, or handled in such a manner that it
				  would be free of Spotted lanternfly; and
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 142.6 - Inspection and disposition of shipments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department may inspect any container,
				  conveyance, package, or vehicle reasonably believed to contain a regulated
				  article.
(b) When a regulated
				  article has been moved into the State of New York in violation of the
				  provisions of this Part, an inspector may take such action as deemed necessary
				  to eliminate the danger of introduction and/or spread of the Spotted
				  lanternfly.
(c) If a regulated
				  article is found to be infested with or harboring Spotted lanternfly, such
				  regulated article must be rendered free of infestation without cost to 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 142 - Exterior Quarantine of Spotted Lanternfly (lycorma Delicatula) › Section 142.7 - Other laws and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
No provision of this Part relieves any person from the
					 obligation to comply with any other applicable federal, state, county,
					 regional, or local law or regulation.
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 143 - Control of the Box Tree Moth › Section 143.2 - Establishment of the quarantine area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Establishment of the quarantine area. The
				  quarantine area is set forth on the map below and is designated to include the
				  following areas:
(1) Niagara County, in its
				  entirety;
(2) Orleans County in its
				  entirety;
(3) Erie County, in its
				  entirety;
(4) Genesee County, in
				  its entirety;
(5) Monroe County, in
				  its entirety; and
(6) Wayne County,
				  in its entirety.
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 143 - Control of the Box Tree Moth › Section 143.3 - Movement of regulated articles within the quarantine area

Current through Register Vol. 46, No. 28, July 10, 2024
A regulated article may be moved freely within the
					 quarantine area, provided the regulated article is otherwise eligible for
					 unrestricted movement under all other state and federal plant quarantines and
					 regulations applicable to the regulated article.
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 143 - Control of the Box Tree Moth › Section 143.4 - Pre-notification requirement for shipments of regulated articles into the quarantine area

Current through Register Vol. 46, No. 28, July 10, 2024
Persons shipping regulated articles into the quarantine
					 zone shall pre-notify the Department, Division or Plant Industry, in writing,
					 on a form 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 143 - Control of the Box Tree Moth › Section 143.5 - Intrastate movement of regulated articles originating within or traveling through the quarantine area to or from points outside the quarantine area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The intrastate
				  movement of regulated articles, as defined in this section, whether moved
				  independent of, or in connection with any other article, is prohibited except
				  as established in this section, and/or in sections
				  143.6,
				  143.7 and
				  143.8  of this Part.
(b) No person shall move a regulated article
				  from any point within the quarantine area to or through any point outside the
				  quarantine area, unless:
(1) accompanied by a
				  limited permit or certificate of inspection authorizing such movement under
				  administrative instructions of the Commissioner; or
(2) subject to an exemption as described in
				  section 143.8  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 143 - Control of the Box Tree Moth › Section 143.6 - Conditions governing compliance agreements for movement of regulated articles out of the quarantine area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person engaged in growing, handling, or
				  moving a regulated article intrastate may apply for a compliance agreement with
				  the Department.
(b) The Department
				  may, in its sole discretion, may issue or decline to issue a compliance
				  agreement.
(c) Any authorized
				  holder of a compliance agreement shall comply with the provisions of this Part
				  and any conditions imposed under the compliance agreement.
(d) Any compliance agreement may be cancelled
				  by the Department, either orally or in writing, whenever an inspector
				  determines, in his or her sole discretion, that the authorized holder of the
				  compliance agreement has not complied with this Part or the conditions imposed
				  under the compliance agreement.
(1)
				  Cancellation of a compliance agreement shall take effect immediately upon
				  providing oral notice or the delivery of the written notice. If the
				  cancellation is oral, the cancellation and the reasons for the cancellation
				  shall be confirmed in writing at a date no later than three days after such
				  oral cancellation.
(2) Cancellation
				  of a compliance agreement shall be deemed final unless within seven days from
				  the date of cancellation, the Department receives notice from an authorized
				  holder in writing of its intention for a proceeding to review such
				  action.
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 143 - Control of the Box Tree Moth › Section 143.7 - Conditions governing limited permits and certificates of inspection for movement of regulated articles out of the quarantine area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Limited Permits.
(1) An inspector or an authorized holder of a
				  compliance agreement may issue a limited permit for the movement of a regulated
				  article out of the quarantine area, provided that the regulated article meets
				  the following requirements:
(i) Limited
				  permits for the movement of regulated articles intended to be sold or shipped
				  outside of the quarantine area shall require the treatment of regulated
				  articles using such control measures approved by the Department, and in
				  accordance with any applicable manufacturers' instructions or labels;
				  and
(ii) Before a limited permit
				  may be issued, where applicable, a regulated article intended for interstate
				  commerce shall be otherwise eligible for unrestricted movement under all other
				  applicable federal and state plant quarantines and
				  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 143 - Control of the Box Tree Moth › Section 143.8 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Shipments of
				  regulated articles for experimental and scientific purposes.
(1) A regulated article may be moved
				  intrastate for experimental or scientific purposes, on such conditions and
				  under such safeguards as may be prescribed in writing by the Department. The
				  container of the article so moved shall bear, securely attached to the outside
				  thereof, an identifying tag issued by the Department showing compliance with
				  such conditions.
(2) An application
				  for an exemption under this Section shall be made in writing to the duly
				  authorized Department representative. The issuance or denial of an exemption
				  under this Section, either orally or in writing, shall be final unless within
				  seven days from the date of denial thereof, the Department receives notice from
				  applicant in writing of its intention for a proceeding to review such
				  action.
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 143 - Control of the Box Tree Moth › Section 143.9 - Assembly of Regulated Articles for Inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All persons intending to conduct
				  intrastate movement of a regulated article, except as provided in Sections
				  143.4,
				  143.5,
				  143.6, and/or 143. 7 of this Part,
				  shall make an application for inspection as far in advance as possible, in
				  writing to the inspector.
(1) Regulated
				  articles to be inspected shall be prepared and assembled at such locations and
				  in such manner as the inspector shall designate, to allow for the thorough
				  inspection of such article and/or to allow the application of control measures
				  approved by the Department in order to render BTM non-viable.
(2) Before any regulated article that
				  requires inspection under this Section shall be issued a certificate of
				  inspection, such article shall be free from matter or other condition that
				  makes inspection impracticable or infeasible.
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 143 - Control of the Box Tree Moth › Section 143.10 - Marking requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Every container being utilized to hold or contain a
					 regulated article, and 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 limited permit or certificate of inspection issued
					 in compliance with this Part, provided, that:
(a) For movement by lot freight shipment,
				  other than by road vehicle, one limited permit or certificate of inspection may
				  be attached to one of the containers and another to the waybill.
(b) For movement by car lot freight or
				  express shipments, either in containers or in bulk, a limited permit or
				  certificate of inspection may be attached to the waybill only and a placard to
				  the outside of the car, showing the number of the valid limited permit or
				  certificate of inspection accompanying the waybill.
(c) For movement by road vehicle, the limited
				  permit or certificate of inspection shall accompany the vehicle and shall be
				  surrendered to consignee upon delivery of the shipment.
(d) For movement of all regulated articles
				  leaving the quarantine area, such regulated articles shall be accompanied by a
				  limited permit or certificate of inspection as specified in the applicable
				  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 143 - Control of the Box Tree Moth › Section 143.11 - Inspection and disposition of shipments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any vehicle or other conveyance, any
				  package or other container, and any item to be moved, or which has been moved
				  intrastate from the quarantine area which may contain a regulated article is
				  subject to be examined by an inspector.
(b) When items 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
				  dissemination of BTM.
(c) When
				  items are found to be moving or to have been moved intrastate in violation of
				  these regulations, such items must be rendered free of infestation without cost
				  to the State other than 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 143 - Control of the Box Tree Moth › Section 143.12 - Other laws and regulations; interstate movement of regulated articles

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall only apply to the intrastate movement of
					 regulated articles. No provision of this Part relieves any person from the
					 obligation to comply with any additional applicable federal, state, county,
					 regional or local law or regulation.
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 143 - Control of the Box Tree Moth › Section 143.13 - Effective Date

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation shall take effect
					 immediately.
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 149 - 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 150 - Voluntary Program For The Production Of Virus-tested Plant Materials › Section 150.2 - Voluntary program

Current through Register Vol. 46, No. 28, July 10, 2024
The New York State Department of Agriculture and Markets,
					 pursuant to Agriculture and Markets Law sections
					 18,
					 164 and
					 167, establishes the following voluntary
					 program for the production of virus-tested plant materials within the State of
					 New York.
(a) A nursery may apply to
				  participate in a certification program on a form prescribed, or authorized by
				  the Department, which shall require, at a minimum, that the applicant provide
				  the row number and plant location of any and all G1, G2, G3 and certified
				  blocks. If the Commissioner grants such application, an applicant shall be
				  deemed a registration holder; the G1, G2, and G3 blocks identified in the
				  application shall be deemed registered; and any plant material in a certified
				  block shall be deemed certified.
(b)
				  Application period. New applications shall be made during the month of January
				  of the year in which the applicant seeks to be eligible for participation. The
				  Department may, in its sole discretion, accept applications outside the
				  prescribed period.
(c) The
				  Commissioner may set fees in an amount that will defray the costs of
				  administering the certification program, in whole or in part. An applicant
				  shall remit the required fee no later than the date set by the Commissioner,
				  and communicated to the applicant during the application process.
(d) A nursery shall remain in the
				  certification program until such time as its registration is revoked, pursuant
				  to subdivision (e) of this subsection, or until the registration holder
				  voluntarily surrenders its registration in writing.
(e) A nursery's registration may be revoked,
				  in the sole discretion of the Department, if:
(1) any requirements of this Part are not
				  met; or
(2) any plant in the blocks
				  registered by an applicant is found virus-infected unless, in the opinion of
				  the Department, the remainder of the plantings in such blocks can be adequately
				  protected by treatment or by removal, and destruction of all plants in the
				  infected area, or by other means approved by the Department; or
(3) the plant material is off-type;
				  or
(4) testing facilities, indicator
				  plants, or assays used for virus testing are not available in sufficient
				  quantity; or
(5) the required fees
				  pursuant to subdivision (c) of this subsection have not been
				  paid.
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 150 - Voluntary Program For The Production Of Virus-tested Plant Materials › Section 150.3 - Plantings

Current through Register Vol. 46, No. 28, July 10, 2024
Responsibility of registration holder.
(a) Location of plantings. Each planting
				  shall be located within the State of New York, in an area where contamination
				  by soil-borne viruses of concern is not likely to occur, and previously
				  approved by the Department. Each planting shall be located at a required
				  distance sufficiently isolated from blocks that are of a different generation
				  level to prevent or minimize infection or reinfection of viruses of concern.
				  Generation 1, Generation 2, Generation 3, and certified plant material may only
				  be grown in a block that has been previously registered with the
				  Department.
(b) Treatment of
				  planting areas. The Department may require treatment with an approved
				  nematicide pursuant to any applicable state and federal pesticide registrations
				  in each of the following planting areas to control nematodes of concern.
(1) Generation 1 (G1) block. The registration
				  holder shall treat soil in a G1 block using a manner approved by the Department
				  before planting virus-tested plant material.
(2) Generation 2 (G2) block. The registration
				  holder shall survey soil in a G2 block for the presence of soil-borne pests
				  including nematodes which transmit viruses of concern and, if detected, treat
				  in a manner approved by the Department before planting of virus-tested plant
				  material.
(3) Generation 3 (G3)
				  block. The registration holder shall survey soil in a Generation 3 (G3) block
				  for the presence of soil-borne pests including nematodes which transmit viruses
				  of concern and, if detected, treat in a manner approved by the Department
				  before the planting of plant material.
(4) Certified block. The registration holder
				  shall, if required by the Department, survey soil in a certified block for the
				  presence of soil-borne pests including nematodes which transmit viruses of
				  concern and, if detected, treat in a manner approved by the Department before
				  the planting of plant material.
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 150 - Voluntary Program For The Production Of Virus-tested Plant Materials › Section 150.4 - Inspection and testing procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department shall:
(1) Generation 1 (G1) blocks. Visually
				  inspect each plant at least twice during each growing season, and test each
				  plant in a manner approved by the Department at least once each year to
				  ascertain the presence of known viruses of concern, except that each grapevine
				  shall be inspected, and tested at least twice each growing season.
(2) Generation 2 (G2) blocks. Visually
				  inspect each plant at least once during each growing season, and test 25% of
				  plants in a manner approved by the Department at least once each year to
				  ascertain the presence of known viruses of concern, except that 25% of
				  grapevines shall be tested each Spring, and 25% of grapevines tested each Fall.
				  Each plant shall be tested at least once every four years.
(3) For Generation 3 (G3) blocks. Visually
				  inspect each plant at least once during each growing season, and test 25% of
				  plants in a manner approved by the Department at least once each year to
				  ascertain the presence of known viruses of concern, except that 25% of
				  grapevines shall be tested each Spring, and 25% of grapevines tested each Fall.
				  Each plant shall be tested at least once every four years.
(4) For certified blocks. Visually inspect
				  each block, and consider whether blocks should be tested in a manner approved
				  by the Department, and at the sole discretion of the
				  Department.
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 150 - Voluntary Program For The Production Of Virus-tested Plant Materials › Section 150.5 - Identification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice of
				  Plantings. The registered holder shall notify the Department before the
				  planting, replanting, grafting, budding, re-budding, or removal of plants from
				  registered blocks before the commencement of such activities. The Department
				  shall acknowledge this notification in writing prior to start of work. Such
				  notice to the Department shall specify the following information based on
				  applicable block type:
(1) Generation 1 (G1)
				  block. Identify each plant growing or originating in a manner approved by the
				  Department, and indicate the variety, the rootstock (if appropriate), the year
				  tested, and the plant identification number. The registration holder shall also
				  identify each plant by row number, and plant location number.
(2) Generation 2 (G2) block. Identify each
				  plant growing or originating in a manner approved by the Department, and
				  indicate the variety, the rootstock (if appropriate), the year tested, and
				  plant identification numbers. The registration holder shall also identify each
				  plant by row number, and plant location number.
(3) Generation 3 (G3) block. Identify each
				  plant growing, or originating in a manner approved by the Department, and
				  indicate the variety, the rootstock (if appropriate), the year tested, and
				  plant identification numbers. The registration holder shall also identify each
				  plant by row number, and plant location number.
(4) Certified block. Identify each plant
				  growing or originating in a manner approved by the Department. Plants grown in
				  a certified block are eligible to be sold as New York State certified,
				  virus-tested 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 150 - Voluntary Program For The Production Of Virus-tested Plant Materials › Section 150.6 - Compliance with other regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Compliance with the regulations in this Part shall not
					 relieve failure to comply with any additional applicable international,
					 federal, state, county, regional or local law or regulation.
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 150 - Voluntary Program For The Production Of Virus-tested Plant Materials › Section 150.7 - Compliance with other regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Compliance with the regulations in this Part shall not
					 excuse failure to comply with any other applicable laws or regulations of New
					 York State or other states or other countries.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 153 - Sale And Analysis Of Commercial Fertilizer › Section 153.1 - Definitions and terms; exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in relation to the sale and analysis of commercial
					 fertilizer and as used in this Part:
(a) Definitions, terms and names shall be
				  those set forth in article 10 of the Agriculture and Markets Law (hereinafter
				  referred to as the "law"). Where no such definitions, terms or names are set
				  forth in the law, such definitions, terms and names shall be those adopted by
				  the Association of American Plant Food Control Officials (hereinafter referred
				  to as "AAPFCO"), except as the commissioner prescribes otherwise in this
				  Part.
(b) The following commodities
				  are hereby exempt from the definition of "commercial fertilizer" as set forth
				  in the law: unmanipulated animal and vegetable manures, agricultural liming
				  material, wood ashes and gypsum.
(c) Compost consisting entirely of animal
				  (other than human) manure, vegetative matter and animal bedding, for which
				  plant nutrient claims are made, shall be exempt from the definition of
				  commercial fertilizer for purposes of the fee requirements of Agriculture and
				  Markets Law sections 146 and 146-c and the guaranteed analysis requirements of
				  sections 144 and 145(4) of said law and this Part. Any such compost, for which
				  plant nutrient claims are made, which is distributed in this State in
				  containers shall have placed on or affixed to the containers a clearly legible
				  label setting forth total nitrogen (N), total phosphorous (P) and total
				  potassium (K). Other compost characteristics may also be set forth. Any other
				  compost characteristics stated for such compost shall appear in the format set
				  forth in subdivision (d) of this section. If distributed in bulk, a statement,
				  in such format, setting forth any compost characteristics stated for such
				  compost shall accompany the compost and be supplied to the purchaser at the
				  time of delivery.
(d) The format
				  for setting forth compost characteristics stated for composted animal manure,
				  composted vegetable manure and composted animal bedding, for which plant
				  nutrient claims are made, shall be as follows:
(1) general characteristics:
(i) feedstock;
(ii) maturity;
(iii) organic matter;
(iv) weed seeds/liter;
(v) density;
(vi) solids;
(vii) CN ratio;
(viii) pH; and
(ix) conductivity;
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 153 - Sale And Analysis Of Commercial Fertilizer › Section 153.2 - Plant nutrients in addition to nitrogen, phosphate and potash

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Other plant nutrients when mentioned in any form or manner shall be guaranteed.
				  Guarantees shall be made on the elemental basis. Sources of the elements
				  guaranteed and proof of availability shall be provided to the department upon
				  request. Except guarantees for those water soluble nutrients labeled for ready
				  to use foliar fertilizers, ready to use specialty liquid fertilizers,
				  hydroponic or continuous liquid feed programs and guarantees for potting soils,
				  the minimum percentages which may be guaranteed are as follows:
Element
Percentage
Calcium (Ca)
1.00
Magnesium (Mg)
0.50
Sulfur (S)
1.00
Boron (B)
0.02
Chlorine (Cl)
0.10
Cobalt (Co)
0.0005
Copper (Cu)
0.05
Iron (Fe)
0.10
Manganese (Mn)
0.05
Molybdenum (Mo)
0.0005
Nickel (Ni)
0.0010
Sodium (Na)
0.10
Zinc (Zn)
0.05
Guarantees or claims for the above listed plant nutrients
					 are the only ones which will be accepted. Labels and directions for the use of
					 the fertilizer shall be furnished with the application for license and upon
					 request. Any of the above listed elements which are guaranteed shall appear in
					 the order listed immediately following guarantees for the primary nutrients of
					 nitrogen, phosphate and potash. Warning or caution statements are required on
					 the label for any product which contains 0.03 percent or more of boron in a
					 water soluble form or 0.001 percent or more of molybdenum. In the case of such
					 boron content, the warning or caution statement shall be conspicuously
					 displayed, shall state the crop or crops for which the fertilizer is to be
					 used, and state that the use of the fertilizer on any other than those
					 recommended may result in serious injury to said crop; in the case of such
					 molybdenum content, the warning or caution statement shall be conspicuously
					 displayed, shall state the crop or crops for which the fertilizer is to be
					 used, shall state that the use of the fertilizer on any other than those
					 recommended may result in serious injury to said crop and further state that
					 the application of fertilizers containing molybdenum may result in forage crops
					 containing levels of molybdenum which are toxic to ruminant animals. No claims
					 or guarantees shall be made for any commercial fertilizer except for the
					 elements set forth above.
(b) When any plant nutrient guaranteed is
				  broken down into the component forms, the percentage for each component shall
				  be shown before the name of the form, for example, "4% Nitrate
				  Nitrogen".
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 153 - Sale And Analysis Of Commercial Fertilizer › Section 153.3 - Specialty fertilizer label requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the label requirements of section 145 of the
					 law, the label of any specialty fertilizer shall conform to the
					 following:
(a) No specialty fertilizer
				  bearing a label which indicates or implies the presence of a long lasting or
				  slowly available plant nutrient shall be distributed in this State unless the
				  nutrient source or sources are identified.
(b) No specialty fertilizer bearing a label
				  which indicates or implies that the nitrogen contained therein is long lasting
				  or slowly available shall be distributed in this State unless the percentage of
				  water insoluble nitrogen contained therein is expressed and guaranteed, and is
				  not less than 15 percent of the total nitrogen guaranteed.
(c) No specialty fertilizer bearing a label
				  which indicates or implies organic nitrogen content shall be distributed in
				  this State unless at least 60 percent of the guaranteed organic nitrogen
				  contained therein is water insoluble nitrogen.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 153 - Sale And Analysis Of Commercial Fertilizer › Section 153.4 - Licensing period

Current through Register Vol. 46, No. 28, July 10, 2024
The annual licensing period as provided for by section 146
					 of the law shall be the calendar year. All licenses issued during each license
					 period shall expire on December 31 of that year.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 153 - Sale And Analysis Of Commercial Fertilizer › Section 153.5 - Method of sampling and analysis

Current through Register Vol. 46, No. 28, July 10, 2024
Any sampling and analysis as provided for by the law shall
					 be in accordance with methods of sampling and analysis generally accepted in
					 the scientific community. The methods of sampling and analysis set forth in the
					 Official Method of Analysis of the Association of Official Analytical Chemists,
					 11th Edition, 1970,[FN1] and as such methods may hereafter be revised, shall be
					 prima facie evidence of such generally accepted standards.
[FN1] [Not filed with Department of
					 State.]
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 153 - Sale And Analysis Of Commercial Fertilizer › Section 153.6 - Analytical tolerances

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Any commercial fertilizer shall be deemed deficient if the analysis of any
				  primary nutrient is below the guarantee by an amount exceeding the values in
				  the following schedule:
Guarantee
								  percent
Nitrogen percent
Available phosphoric acid
								percent
Potash percent
4 or less
0.49
0.67
0.41
5
0.51
0.67
0.43
6
0.52
0.67
0.47
7
0.54
0.68
0.53
8
0.55
0.68
0.60
9
0.57
0.68
0.65
10
0.58
0.69
0.70
12
0.61
0.69
0.79
14
0.63
0.70
0.87
16
0.67
0.70
0.94
18
0.70
0.71
1.01
20
0.73
0.72
1.08
22
0.75
0.72
1.15
24
0.78
0.73
1.21
26
0.81
0.73
1.27
28
0.83
0.74
1.33
30
0.86
0.75
1.39
32 or more
0.88
0.76
1.44
For guarantees not listed, the appropriate values shall be
					 calculated by interpolation.
(b) Any commercial fertilizer shall be deemed
				  deficient if the analysis of any secondary or minor elements is below the
				  guarantee by an amount exceeding the values in the following schedule:
Element
Allowable
								  deficiency
Calcium
0.2
unit + 5% of guarantee
Magnesium
0.2
" + 5% " "
Sulfur
0.2
" + 5% " "
Boron
0.003
" + 15% " "
Cobalt
0.0001
" + 30% " "
Molybdenum
0.0001
" + 30% " "
Chlorine
0.005
" + 10% " "
Copper
0.005
" + 10% " "
Iron
0.005
" + 10% " "
Manganese
0.005
" + 10% " "
Sodium
0.005
" + 10% " "
Zinc
0.005
" + 10% " "
The maximum allowance when calculated in accordance with
					 the above values shall be one unit (1%).
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 153 - Sale And Analysis Of Commercial Fertilizer › Section 153.7 - Tonnage reports

Current through Register Vol. 46, No. 28, July 10, 2024
In accord with section 146-c of the law, each licensee who
					 distributes commercial fertilizer in this State shall furnish the commissioner
					 with a written report for the period January 1st through December 31st of each
					 year indicating the tonnage distributed during that period on forms or in a
					 format prescribed by the commissioner. Said report shall be filed within 30
					 days of the end of the reporting period.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 154 - Ammonium Nitrate Security › Section 154.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part the following terms shall
					 have the following meanings:
(a)
				  Ammonium nitrate means chiefly the ammonium salt of nitric acid. It shall not
				  contain less than 33 percent nitrogen, one-half of which is the ammonium form
				  and one-half of which is the nitrate form.
(b) Regulated ammonium nitrate materials
				  shall mean fertilizer product in solid form, comprising a mixture of
				  components, one of which is ammonium nitrate, in circumstances where the
				  nitrogen content derived from ammonium nitrate is more than 28 percent of the
				  material by weight.
(c) Ammonium
				  nitrate retailer means any person or entity in this State that sells, offers
				  for sale, or otherwise makes available, ammonium nitrate or regulated ammonium
				  nitrate materials.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 154 - Ammonium Nitrate Security › Section 154.2 - Registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person or
				  entity in this State shall sell, offer for sale or otherwise make available
				  ammonium nitrate or ammonium nitrate materials unless registered annually with
				  the commissioner. Application for registration shall be made by completing and
				  submitting the following form to the commissioner, together with an annual
				  registration fee of $50, provided, however, that retailers who pay fees under
				  this article shall be exempt from such fee:
Image
Image
(b) Every person or entity selling, offering
				  for sale or otherwise making available ammonium nitrate or ammonium nitrate
				  materials shall post and display at all times their registration certificate in
				  a conspicuous place in the room where such business is carried on so that all
				  persons visiting such place may readily see the same.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 154 - Ammonium Nitrate Security › Section 154.3 - Security measures

Current through Register Vol. 46, No. 28, July 10, 2024
Ammonium nitrate and regulated ammonium nitrate materials,
					 while at all facilities whose owners and/or operators are required to be
					 registered, shall be secured to provide reasonable protection against
					 vandalism, theft or other unauthorized access. Such measures shall include, but
					 not be limited to, ensuring that storage facilities are fenced or otherwise
					 enclosed and locked when unattended and are inspected daily for signs of
					 attempted entry, vandalism and structural integrity. An ongoing process of
					 inventory control for ammonium nitrate and regulated ammonium nitrate materials
					 stored at the facility shall be established and maintained.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter D - Sale and Analysis of Commercial Fertilizer › Part 154 - Ammonium Nitrate Security › Section 154.4 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons and
				  entities required to be registered shall make and maintain, for a minimum of
				  two years, a record in the following format for every sale of ammonium nitrate
				  and regulated ammonium nitrate materials:
Image
Image
(b) Forms of identification. Acceptable forms
				  of identification are a valid driver's license or non-driver identification
				  card issued by the New York State Commissioner of Motor Vehicles, the Federal
				  government, a state government, commonwealth, possession or territory of the
				  United States or a provincial government of Canada; a valid passport of the
				  United States or any other country; or valid United States military
				  identification.
(c) Access to
				  records. Persons and entities selling ammonium nitrate and regulated ammonium
				  nitrate materials shall provide officers and employees of the New York State
				  Department of Agriculture and Markets and the New York State Office of Homeland
				  Security with access to records of such sales.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter E - Agricultural Liming Materials (Agriculture and Markets Law, art. 9-A) › Part 158 - Agricultural Liming Materials › Section 158.1 - Methods of determining total neutralizing value

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The total neutralizing value of
				  agricultural liming materials, which is the neutralizing value of such
				  materials expressed as calcium carbonate equivalence, shall be determined
				  according to procedures 1.004, 1.005 and 1.006 of the Official Methods of
				  Analysis of the Association of Official Agricultural Chemists, 9th Edition,
				  1960, pages one and two.
(b)
(1) The calcium carbonate equivalence of
				  agricultural liming materials derived from magnesium sources shall be
				  determined in accordance to procedure 1.007 (for magnesic limestone) and
				  procedures 1.018, 1.019 and 1.020 (for calcium silicate slags) of the Official
				  Methods of Analysis of the Association of [Official] Agricultural Chemists,9th
				  Edition, pages two, four and five.
(2) The calcium carbonate equivalence of
				  agricultural liming materials derived from magnesium sources also may be
				  determined according to procedures of the Association of Official Agricultural
				  Chemists, as outlined in Journals of the Association of Official Agricultural
				  Chemists, as follows:
(i) Volume 45 (1), page
				  200, February, 1962;
(ii) Volume 46
				  (1), page 96, February, 1963; and
(iii) Volume 46 (4), pages 611 to 616,
				  August, 1963.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter E - Agricultural Liming Materials (Agriculture and Markets Law, art. 9-A) › Part 158 - Agricultural Liming Materials › Section 158.2 - Methods of determining fineness

Current through Register Vol. 46, No. 28, July 10, 2024
The fineness of agricultural liming materials shall be
					 determined according to procedure 1.002 of the Official Methods of Analysis of
					 the Association of Official Agricultural Chemists, 9th Edition, 1960, page one,
					 or according to procedures of the American Society for Testing and
					 Materials.