New York Administrative Code

(1) Unit of certification. A portion of a field may be certified if the area to be certified is clearly defined. Portions of a field not meeting requirements for certification must not be allowed to reach the seed stage. (2) Isolation. A field producing foundation, registered or …

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 knapwee…

(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 …

(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…

A field inspection shall be made as the crop approaches maximum heading each year that a seed crop is produced.

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. To be eligible for the production of foundation or certifie…

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.

Representative samples of seed shall meet the following general standards:

(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: …

(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…

A field inspection will be made at the time that off-types, related species and varietal admixtures can most readily be detected.

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. To be eligible for the production of foundation or certified seed,…

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.

Representative samples of seed shall meet the following general standards:

(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) Copi…

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.

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 …

The label of each soil or plant inoculant shall contain the name and address of the person upon whose application the license was issued.

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, wher…

One area in the Town of Mentz in Cayuga County as described as follows: That portion of land in the Town of Mentz, which lies in an area bounded as follows: beginning at a point on Thompson Road, marked by latitude/longitude coordinates: 43.0361, -76.6506; then west to 43.0356, -…

(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…

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; …

(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 shal…

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 experiment…

For the purpose of this Part, the following words, names and terms shall be construed respectively, to mean: The Agriculture and Markets Law. Any person who is granted a limited permit or certificate of inspection by the department or enters into a compliance agreement with the d…

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 movi…

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 article…

This regulation shall take effect immediately.

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) Orlea…

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.

(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 reg…

(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 ar…

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 …

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 iden…

(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…

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 t…

For the purpose of this Part, the following words, names and terms shall be construed, respectively, to mean: The disease known as Scleroderris canker, Gremmeniella abietina, in any stage of development. Refers to the presence of Scleroderris canker. An inspector of the New York …

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: (b) The counties of: (1) Franklin; and (2) Lewis

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. The following articles shall not be removed from a quarantined are…

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 co…

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 thi…

(a) Every container of regulated articles intended for movement from the quarantined area 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 there…

Regulated articles may be moved from the quarantined area for experimental or scientific purposes, on such conditions and under such safeguards as may be approved by the commissioner. The container of articles so moved shall bear, securely attached to the outside thereof, a certi…

Every person selling or delivering or attempting to sell or deliver, or ship regulated articles, as defined in section 130.3 of this Part, in this State, shall accompany each such load, bundle, package or shipment of the same with a legibly written statement of origin which shall…

(a) I, Don J. Wickham, as Commissioner of Agriculture and Markets of the State of New York, pursuant to the provisions of article 14 of the Agriculture and Markets Law, and for the purpose of preventing the introduction into this State of injurious insects, pests and plant diseas…

(a) Vegetable plants are young plants, originating from seed, roots, stems, cuttings, tubers, bulbs or corms, intended for transplanting. (b) Certificate or permit shall mean a document issued by an authorized official of the country, province or state in which shipments of veget…

Any area outside the State of New York.