reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 116 - Alfalfa Seed Certification Standards › Section 116.5 - Seed standards

Current through Register Vol. 46, No. 28, July 10, 2024
Standards for each class
Factor
Foundation
Registered
Certified
Pure seed (minimum) .......
99.00%
99.00%
99.00%
Inert matter (maximum) .......
1.00%
1.00%
1.00%
Weed seeds (maximum) .......
0.10%
0.20%
0.50%
Noxious weed seeds
								(maximum)1 .......
none
none
none
Objectional weed seeds
								(maximum)2 .......
none
none
27 per lb.
Other crop seeds
Other kinds (maximum)3
								.......
0.10%
0.10%
0.50%
Germination and hard seed (minimum) .......
80.00%
80.00%
80.00%
Footnotes
1 Noxious weed seeds shall include the following: bindweed
(Convolvulus arvensis),
Quackgrass
(Agropyron
					 repens),
Canada Thistle
(Cersium arvense),
bedstraw
(Galium spp.),
dodder
(Cuscuta spp.),
horsenettle
(Solanum carolinense),
wild onion
(Agrostemma githago),
and Russian knapweed
(Centaurea
					 repens)
.
2 Objectionable weed seeds shall include the following:
					 dogbane
(Apocynum cannabinum),
Johnson grass (Sorghum
					 halepense), leafy spurge
(Euphorbia esula),
perennial sow
					 thistle
(Sonchus arvensis),
and white top
(Lepidium
					 draba, L. repens, Hymenaphysa pubescens)
.
3 Sweet clover seed shall not exceed nine per pound for
					 foundation seed; 90 per pound for registered seed; and 180 per pound for
					 certified seed.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 117 - Lending Limits: Inclusion Of Credit Exposures Arising From Derivative Transactions › Section 117.1 - Application and amplification of general certification standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The general
				  seed certification standards are basic and together with the following specific
				  standards constitute the standards for the certification of deertongue
				  seed.
(b) Section
				  96.1  of Part
				  96 of this Subchapter is amplified as follows to apply specifically to
				  deertongue seed:
(1) Production of seed
				  outside of the area of adaptation will be limited to stands not exceeding seven
				  years of age, including the seeding year.
(2) The area of adaptation is considered to
				  be those areas of the United States and Canada, north of 36° latitude and
				  east of 98° longitude.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 117 - Lending Limits: Inclusion Of Credit Exposures Arising From Derivative Transactions › Section 117.2 - General rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  computing the amount of loans of a bank outstanding to a person under section
				  103.1 
				  of the Banking Law or to a borrower under section 235.8 -c of the Banking Law
				  at any specific time, the credit exposures of the bank arising from derivative
				  transactions with respect to such person or borrower shall be
				  included.
(b) Such credit exposures
				  shall be calculated as the sum of the bank's credit exposure to such person or
				  borrower as a counterparty arising from derivative transactions other than
				  credit derivatives plus the bank's credit exposure to such person or borrower
				  as a counterparty arising from credit derivatives plus, where such person or
				  borrower is the obligor on a reference exposure, the bank's credit exposure
				  with respect to such person or borrower as obligor on such reference exposure
				  arising from credit derivatives.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 117 - Lending Limits: Inclusion Of Credit Exposures Arising From Derivative Transactions › Section 117.3 - Field inspection

Current through Register Vol. 46, No. 28, July 10, 2024
A field inspection shall be made as the crop approaches
					 maximum heading each year that a seed crop is produced.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 117 - Lending Limits: Inclusion Of Credit Exposures Arising From Derivative Transactions › Section 117.4 - Field standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Unit of certification.
A seed field shall be considered the unit of certification.
					 A strip of ground at least five feet in width and which is mowed, uncropped or
					 planted to some crop other than the deertongue shall constitute a field
					 boundary.
(b)
Isolation.
To be eligible for the production of foundation or
					 certified seed, a seed field shall be isolated from any other strain or strains
					 of the same crop in accordance with the requirements given in the following
					 table:
(Minimum isolation distance
								  required)
Foundation
Certified
Deertongue................................................
40 rods
20 rods
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 117 - Lending Limits: Inclusion Of Credit Exposures Arising From Derivative Transactions › Section 117.5 - Exception

Current through Register Vol. 46, No. 28, July 10, 2024
In computing its credit exposures arising from derivative
					 transactions, a bank need not include credit exposures to a qualifying central
					 counterparty that has been designated by the Financial Stability Oversight
					 Council as a financial market utility that is, or is likely to become,
					 systemically important.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 117 - Lending Limits: Inclusion Of Credit Exposures Arising From Derivative Transactions › Section 117.6 - Seed standards

Current through Register Vol. 46, No. 28, July 10, 2024
Representative samples of seed shall meet the following
					 general standards:
Foundation
Certified
Pure seed
								(minimum)........................................................................
97.0%
97.0%
Other crop
								seed........................................................................
2.0%
2.0%
Weed
								seeds........................................................................
1.0%
3.0%
Inert matter
								(maximum)........................................................................
3.0%
3.0%
Germination
								(minimum)........................................................................
70.0%
70.0%
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 118 - Flatpea Seed Certification Standards › Section 118.1 - Application and amplification of general certification standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The general
				  seed certification standards are basic and together with the following specific
				  standards constitute the standards for the certification of flatpea
				  seed.
(b) Section
				  96.1  of Part
				  96 of this Subchapter is amplified as follows to apply specifically to flatpea
				  seed:
(1) Production of seed outside the area
				  of adaptation shall be limited to six seed crops from a given field.
(2) Inside the area of adaptation there shall
				  be no time limit.
(3) The area of
				  adaptation is considered to be those areas of the United States and Canada,
				  north of 36° latitude.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 118 - Flatpea Seed Certification Standards › Section 118.2 - Land requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				  be eligible for the production of foundation seed a field must not have grown
				  or been seeded to the same species during the previous five years.
(b) To be eligible for the production of
				  certified seed, a field must not have grown or been seeded to another strain or
				  variety of flatpea during the previous three years, except with foundation or
				  certified seed of the same variety.
(c) No manure or other contaminating
				  amendments shall be applied during the established and productive life of the
				  stand.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 118 - Flatpea Seed Certification Standards › Section 118.3 - Field inspection

Current through Register Vol. 46, No. 28, July 10, 2024
A field inspection will be made at the time that off-types,
					 related species and varietal admixtures can most readily be
					 detected.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 118 - Flatpea Seed Certification Standards › Section 118.4 - Field standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Unit of certification.
A seed field shall be considered the unit of certification.
					 A strip of ground at least five feet in width and which is mowed, uncropped or
					 planted to some crop other than flatpea shall constitute a field
					 boundary.
(b)
Isolation.
To be eligible for the production of foundation or
					 certified seed, a seed field shall be isolated from other strains of Lathyrus
					 sylvestris L. or other species of Lathyris or Vicia in accordance with
					 requirements given in the following table:
(Minimum isolation distance
								  required)
Foundation
Certified
Flatpea .......
40 rods
20 rods
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 118 - Flatpea Seed Certification Standards › Section 118.5 - Classification of seed

Current through Register Vol. 46, No. 28, July 10, 2024
Classes of seed shall be limited to breeder, foundation and
					 certified seed, as defined in the general certification standards, section
					 96.4 
					 of this subchapter.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 118 - Flatpea Seed Certification Standards › Section 118.6 - Seed standards

Current through Register Vol. 46, No. 28, July 10, 2024
Representative samples of seed shall meet the following
					 general standards:
Foundation
Certified
Pure seed
								(minimum........................................................................
99.0%
99.0%
Other varieties
								(maximum........................................................................
0.1%
1.0%
Other crop seed
								(maximum.......................................................................
0.1%
0.2%
Weed seeds
								(maximum........................................................................
0.1%
0.2%
Germination quick
								(minimum........................................................................
35.0%
35.0%
Total germination and hard seed
								(minimum........................................................................
70.0%
70.0%
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law) › Part 119 - Industrial Hemp Seed Certification Standards › Section 119.1 - Application of general certification standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The general seed certification standards,
				  as adopted by the Association of Official Seed Certifying Agencies in the 2018
				  edition of the Seed Certification Handbook, pages 6-7 and 65-67, are basic and
				  constitute the standards for certification of industrial hemp seed.
(b) A copy of pages 6-7 and 65-67 of the
				  2018 edition of the Seed Certification Handbook, published by the Association
				  of Official Seed Certifying Agencies, are available for public inspection and
				  copying in the office of the Director of Plant Industry, Department of
				  Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, and in the
				  office of the Department of State, One Commerce Plaza, 99 Washington Avenue,
				  Suite 650, Albany, New York 12231.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter B - Prevention of Fraud in Sale of Soil and Plant Inoculants (Article 10-A Agriculture and Markets Law) › Part 120 - Soil And Plant Inoculants › Section 120.1 - Brand definition

Current through Register Vol. 46, No. 28, July 10, 2024
Soil or plant inoculants and seeds or fertilizers
					 inoculated with a culture of a specific microorganism, or a mixture of
					 microorganisms, shall be deemed to be separate and distinct brands when
					 differing either in name, brand or trademark, or in any other label
					 characteristic.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter B - Prevention of Fraud in Sale of Soil and Plant Inoculants (Article 10-A Agriculture and Markets Law) › Part 120 - Soil And Plant Inoculants › Section 120.2 - Effect of license

Current through Register Vol. 46, No. 28, July 10, 2024
A license for any soil or plant inoculant shall be deemed
					 to authorize the sale, offer or exposure for sale within the State, during the
					 life of the license, of such soil or plant inoculant by any person, provided
					 that such soil or plant inoculant is sold, offered or exposed for sale under
					 the exact label set forth in the application.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter B - Prevention of Fraud in Sale of Soil and Plant Inoculants (Article 10-A Agriculture and Markets Law) › Part 120 - Soil And Plant Inoculants › Section 120.3 - Additional label requirement

Current through Register Vol. 46, No. 28, July 10, 2024
The label of each soil or plant inoculant shall contain the
					 name and address of the person upon whose application the license was
					 issued.
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 125 - 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 126 - 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 127 - Golden Nematode (Globodera Rostochiensis) Quarantine › Section 127.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless otherwise expressly stated, or
					 unless the context or subject matter otherwise requires:
(a) Agreement means an executed document
				  between a person engaged in growing, dealing in, handling, grading or moving
				  regulated articles and the commissioner, wherein such person agrees to comply
				  with conditions specified in the agreement to prevent dissemination of golden
				  nematode.
(b) Commissioner means
				  the Commissioner of Agriculture and Markets of the State of New York and any
				  officer or employee of the New York State Department of Agriculture and Markets
				  or the United States Department of Agriculture duly delegated pursuant to
				  section 17  of the Agriculture and Markets
				  Law.
(c) Construction equipment
				  means equipment used to move or transport soil, e.g., bulldozers, draglines,
				  road scrapers, dump trucks, etc.
(d) Farm equipment means machinery, vehicles,
				  implements, bags, containers and articles necessary, desirable or used in the
				  production and marketing of crops and the movement of soil.
(e) Golden nematode means the nematode known
				  as the golden nematode of potatoes (Globodera rostochiensis, formerly known as
				  Heterodera rostochiensis).
(f) Host
				  crops means Irish potatoes and plants of Irish potatoes, tomatoes and
				  eggplants.
(g) Infestation means
				  the presence of golden nematode.
(h) Moved and movement mean shipped, offered
				  for shipment, received for transportation, transported, carried, moved or
				  allowed to be moved by any person, including a common carrier, within or from
				  the quarantined or regulated area.
(i) Permit means a written authorization of
				  the commissioner for the handling and the movement of regulated articles,
				  including a Federal certificate or limited permit.
(j) Potato grading station means any
				  operation where potatoes are graded, sorted, washed or otherwise prepared for
				  market.
(k) Quarantined area means
				  the area designated as quarantined by this Part.
(l) Regulated area means those parts of the
				  quarantined area which have been so designated by the commissioner pursuant to
				  this Part.
(m) Regulated articles
				  means: potatoes; tomato and eggplant transplants; root crops; soil or sod;
				  plants with roots; true bulbs, corms, rhizomes and tubers of ornamental plants;
				  hay; straw; plant litter; used farm equipment; used construction equipment; and
				  any other article or means of conveyance as determined by the
				  commissioner.
(n) Nonhost crops
				  means crops other than those defined as host crops pursuant to subdivision (f)
				  of this section.
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 127 - Golden Nematode (Globodera Rostochiensis) Quarantine › Section 127.3 - Regulated areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Areas within a quarantined area which are infested or which have been exposed
				  to infestation due to location or equipment usage may be designated as
				  regulated areas.
(b) The
				  commissioner will, by personal service or by certified mail, serve or cause to
				  be served on the owners, operators or occupants thereof written notice
				  designating and clearly defining the boundaries of a regulated area.
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 127 - Golden Nematode (Globodera Rostochiensis) Quarantine › Section 127.4 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
In the quarantined or regulated areas the following acts
					 and activities are prohibited:
(a) the
				  movement of living golden nematodes in any stage of development, whether moved
				  independently of, in connection with, on or as a part of any article, except as
				  authorized in this Part;
(b) the
				  production of and marketing as seed potatoes in a quarantined area, except that
				  in an area not designated as a regulated area seed potatoes may be produced and
				  marketed under procedures approved by the commissioner;
(c) the planting of host crops on land in a
				  regulated area, except as authorized by the commissioner; and
(d) the movement of tomato and eggplant
				  plants grown on lands which become a part of a regulated area after
				  planting.
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 127 - Golden Nematode (Globodera Rostochiensis) Quarantine › Section 127.5 - Restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the
				  quarantined areas.
(1) Except for foreign
				  shipments (not including Canada and Mexico), all potatoes moved from a
				  quarantined area outside a regulated area shall be packaged in paper bags or in
				  other approved containers, or in a manner approved by the
				  commissioner.
(2) No potato grading
				  station shall be operated or maintained except in accordance with an agreement
				  and under a permit.
(3) There shall
				  be no movement of used farm equipment to points outside a quarantined area
				  unless such equipment has been disinfected by a procedure prescribed by the
				  commissioner and a permit issued.
(4) There shall be no movement of used
				  construction equipment to points outside a quarantined area except under
				  permit.
(5) No soil or sod shall
				  move from a quarantined area except in accordance with an agreement and under a
				  permit.
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 127 - Golden Nematode (Globodera Rostochiensis) Quarantine › Section 127.6 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
Living golden nematode in any stage of development, whether
					 moved independently of, in connection with, or on or as a part of any article,
					 and any article, commodity or substance regulated by this Part may move under a
					 permit from the quarantined and regulated area for experimental, scientific or
					 regulatory purposes under such conditions and safeguards as may be 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 127 - Golden Nematode (Globodera Rostochiensis) Quarantine › Section 127.7 - 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 128 - Control of the European Cherry Fruit Fly › Section 128.2 - Establishment and amendment 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:
The map depicts the creation of the quarantine area as
					 follows:
(1) Erie County, in its
				  entirety;
(2) Monroe County, in its
				  entirety;
(3) Niagara County, in its
				  entirety;
(4) Orleans County in its
				  entirety;
(5) Wayne County in its
				  entirety; and
(6) that area of
				  Ontario County, New York, depicted in the map below, and further described as
				  within a 10-mile radius of the points latitude 43.14855611 and longitude
				  77.52162045, which is located in the City of Rochester, Monroe County, New York.
European cherry fruit fly quarantine area
Click to
					 view image
https://govt.westlaw.com/nycrr/Link/Document/Blob/I0307118056ce11ed9ebeb947fcc86fd0.pdf?originationContext=document
					 vr;=3.0 rs;=cblt1.0 transitionType;=DocumentImage
					 uniqueId;=2f995d90-a2ef-40c6-89f1-a24aa36d68c2
					 ppcid;=62e8a8c9301c4da2acd19a2da5ce20bf contextData;=(sc.Default)
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 128 - Control of the European Cherry Fruit Fly › Section 128.3 - 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 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 128 - Control of the European Cherry Fruit Fly › Section 128.4 - 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 herein, whether moved independent of, or in connection with
				  any other article, is prohibited except as established in this section, and/or in
				  sections 128.5, 128.6 and 128.7   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 128.7   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 128 - Control of the European Cherry Fruit Fly › Section 128.5 - 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, pursuant to which such person is authorized to issue limited
				  permits or certificates of inspection, which allow movement of a regulated
				  article without a department inspection prior to each movement.
(b) Any authorized holder of a compliance
				  agreement must agree to comply with the provisions of this Part and any
				  conditions imposed under the compliance agreement.
(c) A compliance agreement shall be subject to
				  the department's acceptance in its sole discretion.
(d) Any compliance agreement may be cancelled
				  by the department or an inspector, 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. The cancellation shall take effect
				  immediately upon providing oral notice or the delivery of the written notice,
				  whichever occurs first. 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. The cancellation of the 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 128 - Control of the European Cherry Fruit Fly › Section 128.6 - 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.
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.
(1) Limited permits for
				  regulated articles intended to be sold without further processing. Limited
				  permits for regulated articles that are intended for sale without further
				  processing outside the quarantine area may be issued, provided that each
				  following conditions are met:
(i) the regulated
				  articles are grown under the systems approach, as outlined in the applicable
				  compliance agreement consisting of certified sprays of pesticide from the
				  materials listed in the compliance agreement, with specified rate of active
				  ingredient starting at least 30 days prior to harvest, and continuing every 6-10
				  days until harvest as permitted by the applicable pesticide label indicating
				  proper use; and regulatory trapping in orchard blocks conducted by the
				  department, with at least one ECFF trap and a minimum of 2 traps for each 5
				  acres. Such traps will be set, collected, and changed on a weekly schedule by the
				  department; and
(ii) shall not be
				  moved to Columbia and Ulster counties in New York, which are prohibited for such
				  movement, under the systems approach and as listed in the compliance agreement;
				  and
(iii) the orchard block from
				  which the regulated articles were harvested has no more than one current-season
				  ECFF regulatory trap catch, or the regulated article was inspected utilizing
				  float test specified in any applicable compliance agreement and was determined to
				  be free of ECFF larvae by the authorized holder of the compliance agreement or an
				  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 128 - Control of the European Cherry Fruit Fly › Section 128.7 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Shipments of regulated articles for
				  experimental and scientific purposes.
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.
(b)
Commissioner administrative
				  exemption.
(1) A regulated article may
				  be moved intrastate pursuant to an administrative exemption issued by the
				  commissioner. The container of the article so moved shall bear, securely attached
				  to the outside thereof, an identifying tag issued by the department evidencing
				  the issuance of such administrative exemption.
(2) An application for an administrative
				  exemption shall be made in writing to the duly authorized department
				  representative. The issuance or denial of an administrative 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 128 - Control of the European Cherry Fruit Fly › Section 128.8 - 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 128.4, 128.5, 128.6   and/or 128.7 of this Part, shall make
				  an application for inspection as far in advance as possible, in writing to the
				  inspector, and will be required to prepare and assemble materials at such
				  locations, and in such manner, as the inspector shall designate, to allow for the
				  thorough inspection of such article, or to allow the application of treatments
				  approved by the department in order to render ECFF non-viable. Any article which
				  requires inspection under this section shall, as a basis for the issuance of a
				  certificate of inspection, be free from matter or other condition that makes
				  inspection impracticable or infeasible.
(b) The department shall not be responsible for
				  any cost incident to inspections or certification, other than the cost of
				  providing the designated inspector.
(c) Any determination which prohibits the
				  movement of a regulated article pursuant to subdivision (a) of this section,
				  whether oral or in writing, shall be final unless within seven days from the date
				  of such determination, the applicant notifies the department in writing of its
				  intention for a proceeding to review such action.
(d) Under certain circumstances, and provided
				  that weekly float tests present negative results for the presence of ECFF larvae,
				  the department may determine that regulated articles, which may otherwise not be
				  permitted to be moved or sold, may be issued a certificate of
				  inspection.
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 128 - Control of the European Cherry Fruit Fly › Section 128.9 - 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; and for carlot 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;
(b) 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;
				  and
(c) 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, except where moved to Columbia and Ulster
				  counties in New York. Notwithstanding the above, movement of regulated articled
				  to Columbia and Ulster Counties is prohibited. All containers intended to be
				  shipped outside the quarantine area must have affixed a document which states the
				  following, according to the applicable compliance agreement:
"No movement of regulated fresh (sweet or tart/sour)
					 cherry fruit into the restricted areas. Restricted areas are: Columbia and Ulster
					 Counties, 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 128 - Control of the European Cherry Fruit Fly › Section 128.10 - Inspection and disposition of shipments

Current through Register Vol. 46, No. 28, July 10, 2024
Any vehicle or other conveyance, any package or other
					 container, and any item to be moved, which is moving, or which has been moved
					 intrastate from the quarantine area which may contain a regulated article is
					 subject to be examined by an inspector. 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 ECFF. If found to be moved in violation 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 128 - Control of the European Cherry Fruit Fly › Section 128.11 - Other laws and regulations; interstate movement of regulated articles

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. This Part only applies to the intrastate movement of
					 regulated articles. The interstate movement of regulated articles must comply
					 with applicable Federal laws 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 128 - Control of the European Cherry Fruit Fly › Section 128.12 - 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 129 - 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 130 - Control Of Scleroderris Canker › Section 130.1 - 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) Scleroderris canker. The disease known as
				  Scleroderris canker, Gremmeniella abietina, in any stage of
				  development.
(b) Infection. Refers
				  to the presence of Scleroderris canker.
(c) Inspector. An inspector of the New York
				  State Department of Agriculture and Markets, or of the United States Department
				  of Agriculture, when authorized by the commissioner to act in that
				  capacity.
(d) Moved, movement.
				  Shipped, offered for shipment to a common carrier, received for transportation
				  or transported by a common carrier, carried, transported, moved or allowed to
				  be moved from the quarantined area into or through any other portions of the
				  State.
(e) Certificate. A valid
				  form certifying the eligibility of products for movement outside of the
				  quarantined area under the requirements of this Part.
(f) Limited permit. A valid form authorizing
				  the movement of regulated articles from a quarantined area to a specified
				  destination for specific processing, handling or utilization.
(g) Commissioner. The Commissioner of
				  Agriculture and Markets of 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 130 - Control Of Scleroderris Canker › Section 130.2 - Quarantined area

Current through Register Vol. 46, No. 28, July 10, 2024
The following counties, cities or towns, or parts thereof,
					 of the State of New York are declared to be quarantined areas.
(a) The cities and towns of:
Clinton County
Ausable
Black Brook
Clinton
Dannemora
Ellenburg
Peru
Plattsburgh, city
Plattsburgh, town
Saranac
Schuyler Falls
Essex County
Crown Point
Elizabethtown
Jay
Keene
Lewis
Minerva
Moriah
Newcomb
North Elba
North Hudson
St. Armand
Schroon
Ticonderoga
Westport
Wilmington
Fulton County
Bleecker
Caroga
Ephratah
Gloversville, city
Johnstown, town
Mayfield
Oppenheim
Stratford
Hamilton County
Arietta
Benson
Hope
Indian Lake
Inlet
Lake Pleasant
Long Lake
Morehouse
Wells
Herkimer County
Fairfield
Herkimer
Little Falls (north of the Mohawk River)
Little Falls, city (north of the Mohawk River)
Manheim
Newport
Norway
Ohio
Russia
Salisbury
Schuyler
Webb
Jefferson County
Adams
Antwerp
Champion
Ellisburg
Le Roy
Lorraine
Pamelia
Philadelphia
Rodman
Rutland
Watertown
Watertown, city
Wilna
Worth
Oneida County
Annsville
Ava
Boonville
Camden
Deerfield
Florence
Floyd
Forestport
Lee
Marcy
Remsen
Rome, city
Steuben
Trenton
Utica, city
Vienna
Western
Oswego County
Albion
Amboy
Boylston
Constantia
Orwell
Parish
Redfield
Richland
Sandy Creek
Williamstown
St. Lawrence County
Brasher
Canton
Clare
Clifton
Colton
Edwards
Fine
Fowler
Hermon
Hopkinton
Lawrence
Norfolk
Parishille
Piercefield
Pierrepont
Pitcairn
Potsdam
Russell
Stockholm
Warren County
Bolton
Chester
Hague
Horicon
Johnsburg
Thurman
Warrensburg
(b)
				  The counties of:
(1) Franklin; and
(2) Lewis
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 130.3 - Regulated articles

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Prohibited movement. The movement in this State of Scleroderris canker in any
				  stage of development, whether moved independent of or in connection with any
				  other article, is prohibited, except as provided in section
				  130.4 
				  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 infection:
(1) Nursery stock,
				  Christmas trees, wreaths, branches, twigs, or parts thereof, except logs or
				  pulpwood derived therefrom, of any species of Pinus which are grown in any
				  forest, field, nursery or greenhouse.
(2) Any other commodity or article when found
				  on inspection to be infected with Scleroderris canker in any of its
				  stages.
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 130.4 - Conditions governing the issuance of certificates and permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certificates.
				  Certificates may be issued by an inspector for the movement of regulated
				  articles under one or more of the following conditions:
(1) when they have been inspected and found
				  apparently free from infection;
(2)
				  when they have been treated, or processed by methods approved by the
				  commissioner; or
(3) when they have
				  been grown, produced, manufactured, stored or handled in such a manner that, in
				  the judgment of the inspector, they have not been exposed to infection or if no
				  infection would be transmitted by the shipment thereof; 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.
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 130.5 - 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 to be moved, which is moving or which has been moved
					 from the quarantined area, which contains, or which the inspector has probable
					 cause to believe may contain infection, or articles regulated under this
					 quarantine, may be examined by an inspector at any time or place. When articles
					 are found to be moving or to have been moved in violation of this Part, the
					 inspector may take such action as he deems necessary to eliminate the danger of
					 dissemination of infection.