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 128.1 - 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)
AML.
The Agriculture and Markets Law.
(b)
Authorized holder.
Any person who is granted a limited permit or certificate of
					 inspection by the department or enters into a compliance agreement with the
					 department.
(c)
Certificate of inspection.
The document issued under the authority of or by the
					 department, which affirms that a regulated article is free of ECFF for the
					 purposes of intrastate movement.
(d)
Commissioner.
The Commissioner of the Department of Agriculture and Markets
					 or the commissioner's duly authorized representative.
(e)
Compliance agreement.
The document issued by the department which permits the
					 authorized holder of the compliance agreement to issue a limited permit or
					 certificate of inspection pursuant to the terms of the document and this Part
					 without a department inspection prior to each movement, and which sets forth the
					 requirements covering restricted movement, processing, handling or utilization of
					 a regulated article not otherwise eligible for certification for intrastate
					 movement.
(f)
Department.
The Department of Agriculture and Markets.
(g)
Dripline.
The line around the canopy of a plant.
(h)
European cherry fruit fly or
				  ECFF.
The insect known as the European cherry fruit fly,
rhagoletis cerasi
, in any life stage.
(i)
Infestation.
The presence of the European cherry fruit fly in any life
					 stage, in any regulated article.
(j)
Inspector.
Any inspector of the department or cooperator from the United
					 States Department of Agriculture (USDA), when authorized by the department to act
					 in that capacity.
(k)
Limited permit.
The document issued under the authority of or by the
					 department permitting the one-time restricted movement of a regulated article
					 from the quarantine area to a specified destination for specified processing,
					 handling or utilization.
(l)
Moved and movement.
Shipped, offered or received for shipment, carried,
					 transported, or relocated into or through any area of the State.
(m)
Nursery stock.
All trees, shrubs, plants and vines and parts thereof.
(n)
Person.
An individual, organization, corporation, partnership, public
					 authority, county, town, village, city, municipal agency or public corporation,
					 or any other legal entity other than the department or its respective authorized
					 agents including the United States Department of Agriculture.
(o)
Quarantine area.
The geographic area of the State defined in and delineated on
					 the ECFF quarantine area map in section 128.2   of this Part.
(p)
Regulated article.
(1) Fruit of ECFF host plants listed below
				  including all cultivars of:
Scientific Name
Common Name
Berberis aquifolium Pursh
Holly barberry
Berberis heteropoda Schrenk ex Fisch. & C. A.
								Mey
N/A
Berberis vulgaris L.
Common barberry
Cornus sanguinea L.
Common dogwood
Lonicera alpigena L.
Alpine honeysuckle
Lonicera spp.
N/A
Lonicera tatarica L.
Tatarian honeysuckle
Lonicera xylosteum L.
European fly honeysuckle
Prunus avium (L.) L.
Sweet cherry
Prunus cerasus L.
Sour cherry
Prunus mahaleb L.
Mahaleb cherry
Prunus serotina Ehrh.
Black cherry
Prunus spp.
Cherries1
Symphoricarpos albus (L.) S. F. Blake
Common snowberry
Symphoricarpos orbiculatus Moench
Coralberry
(2)
				  For the purposes of this Part, fruit of the following species of the
Prunus
genus are not regulated articles:
Prunus
				  americana
,
Prunus armeniaca
,
Prunus
				  cerasifera
,
Prunus domestica
,
Prunus
				  dulcis
,
Prunus persica
,
Prunus
				  salicina
.
(3) Soil
				  underneath the dripline of an ECFF host plant in the quarantine area.
(4) Nursery stock of the ECFF host species
				  listed in this subdivision that has fruit attached or with soil (container or
				  balled and burlapped) if fruit was allowed to form on the plants unless the
				  conditions for movement of regulated articles in section 128.4(a)(1)   of this Part
				  are met.