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 143.1 - 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) Box Tree Moth or BTM. Any living life
				  stage of the insect known as Cydalima perspectalis.
(d) Certificate of inspection. The document
				  issued under the authority of or by the Department, which affirms that a
				  regulated article is free of BTM for the purposes of intrastate
				  movement.
(e) Commissioner. The
				  Commissioner of the Department of Agriculture and Markets or the Commissioner's
				  duly authorized representative.
(f)
				  Compliance agreement. The document issued under the authority of or by the
				  Department that sets forth the requirements covering restricted movement,
				  treatment, processing, handling or utilization of a regulated article not
				  otherwise eligible for intrastate movement, and permits its authorized holder
				  to issue a limited permit for the movement of a restricted article, subject to
				  the terms of the compliance agreement and this Part without a Department
				  inspection prior to each movement.
(g) Department. The Department of Agriculture
				  and Markets (AGM).
(h) Infestation.
				  The presence of the BTM in any life stage.
(i) 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.
(j) Limited permit. The document issued under
				  the authority of or by the Department, or an authorized holder of a compliance
				  agreement, permitting the one-time restricted movement of a regulated article
				  from the quarantine area to a specified destination for specified treatment,
				  processing, handling or utilization.
(k) Moved and Movement. Shipped, offered or
				  received for shipment, carried, transported, or relocated into or through any
				  area of the State.
(l) 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.
(m) Quarantine Area. The geographic area of
				  the State defined in and delineated on the quarantine area map in Section
				  143.2  of this Part.
(n) Regulated article. The whole plant, plant
				  parts and nursery stock of the genus Buxus, including all living and dead
				  material, cut or fallen stems and branches, stumps, stems, roots, branches,
				  leaves and debris any of which measuring a half inch or greater in any two
				  dimensions as measured by a sieve or other appropriate mechanism, or is
				  comingled or indistinguishable from any part of the Buxus plant and/or plant
				  parts, except as described in section
				  143.7 (c)  of this
				  Part. A regulated article may also include any other article, commodity, item,
				  or product that an inspector reasonably believes to be infested, or susceptible
				  to infestation by BTM, and which is the subject of a quarantine order issued by
				  the Commissioner, pursuant to Article 14 of the AML.
(o) USDA APHIS, PPQ. The United States
				  Department of Agriculture, Animal and Plant Health Inspection Service, Plant
				  Protection and Quarantine.