New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter III - Plant Industry › Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW) › Part 140 - Control of The Plum Pox Virus (potyvirus Dideron Strain) › Section 140.1 - 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) Certificate means a certificate issued or
				  authorized to be issued by the commissioner, certifying the eligibility of
				  products for intrastate movement under the requirements of this Part.
(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) Compliance agreement means
				  an agreement approved by the commissioner and executed by persons or firms,
				  covering the restricted movement, processing, handling or utilization of
				  regulated articles not eligible for certification for intrastate
				  movement.
(d) Infection means the
				  presence of plum pox virus.
(e)
				  Inspector means an inspector of the New York State Department of Agriculture
				  and Markets, or representatives of the United States Department of Agriculture
				  Animal and Plant Health Inspection Service (USDA APHIS), when authorized to act
				  in that capacity.
(f) Limited
				  permit means a permit issued by the commissioner for the planting of regulated
				  articles in the nursery stock regulated area for the restricted movement of
				  regulated articles from a regulated area to a specified destination for
				  specified processing, handling or utilization.
(g) Moved and movement means shipped, offered
				  for shipment to a common carrier received for transportation or transported by
				  a common carrier, or carried, transported, moved or allowed to be moved from
				  the regulated area.
(h) Nursery
				  dealer means any person, firm, partnership, association or corporation which or
				  who is not a nursery grower or an original producer of nursery stock in the
				  State and which or who buys, or acquires, or receives on consignment nursery
				  stock for the purpose of reselling, transporting, or otherwise disposing of
				  same.
(i) Nursery grower means the
				  owner or operator of the grounds or premises, private or public, on or which
				  nursery stock is propagated, grown or cultivated for the purpose of
				  distribution or selling the same as a business. The term nursery grower shall
				  not include persons engaged in the part-time production of plant products not
				  sold in the regular channels of business.
(j) Nursery stock means all trees, shrubs,
				  plants and vines and parts thereof.
(k) Nursery stock regulated area means any
				  town a portion of which is within 11 and one-half kilometers of any location
				  where the plum pox virus has been detected within the preceding six years.
(l) Plum pox virus means the plum
				  pox potyvirus Dideron strain, which is a pathogen affecting susceptible Prunus
				  species.
(m) Quarantined area means
				  the area designated as quarantined by this Part.
(n) Regulated area means an area designated
				  as regulated pursuant to this Part due to the presence of plum pox virus in
				  that area.
(o) Regulated articles
				  means plant and plant materials, including trees, seedlings, root stock,
				  budwood, branches, scion, twigs and leaves of the following varieties of the
				  Prunus species:
(1) Fruit-bearing and
				  ornamental varieties including all cultivars of:
Scientific Name
Common Name
Prunus americana
American plum and wild plum
Prunus armeniaca
Apricot
Prunus cerasifera
Myrobalan plum/Cherry plum
Prunus domestica
European plum and Common
							 Plum
Prunus dulcis
Sweet Almond
Prunus persica
Peach and Flowering Peach
Prunus persica var.
							 nucipersica
Nectarine
Prunus salicina
Japanese Plum
(2)
				  Ornamental varieties including all cultivars of:
Scientific Name
Common Name
Prunus cerasifera
Purple Leaf Plum
Prunus x cistena
Purple Leaf Sand Cherry
Prunus glandulosa
Flowering Almond
Prunus persica
Flowering Peach & Purple
							 Leaf Peach
Prunus pumila
Sand Cherry and Western Sand
							 Cherry
Prunus spinosa
Black Thorn and Sloe
Prunus serrulata
Japanese Flowering Cherry
							 & Kwanzan Cherry
Prunus tomentosa
Nanking Cherry &
							 Hansen's Bush Cherry
Prunus triloba
Flowering Plum
(3) For the purposes of this Part, the
				  following varieties of the Prunus species are not regulated articles: Prunus
				  avium; Prunus cerasus; Prunus laurocerasus; Prunus mahaleb; Prunus padus;
				  Prunus sargentii; Prunus serotina; Prunus serrula; Prunus subhirtella; Prunus
				  yedoensis; and Prunus virginiana.
(4) For the purposes of this Part, seeds and
				  fruit that are free of leaves of all varieties of the Prunus species are not
				  regulated articles.