New York Administrative Code

As used in these regulations the following terms shall mean: A spray used on fruit trees when said trees are in blossom, which spray has a tendency to kill a part of the blossoms.

(a) It shall be lawful to use a blossom thinning spray consisting of sodium salt of dinitro ortho cresol and dinitro ortho cycle hexyl phenol.

Dealers are defined as persons or firms not acting as agents who are engaged in selling or peddling nursery stock, who do not themselves grow more than 25 percent of the nursery stock handled by them. Dealers must, before exposing, offering or transporting for sale nursery stock,…

Dealers are required to sign an agreement before a certificate will be issued them and agree to conform to the following requirements: (a) To purchase or obtain nursery stock from growers who hold certificates of inspection issued by the proper authorities of the state in which s…

Except as provided in this Part, all grape root stocks, grape wood for propagating purposes, and “finished” grape plants for fruit production shipped into this State from countries, provinces or States where the following named viruses have been reported shall have attached there…

Grape root stock and propagating materials not accompanied by a statement of freedom from virus may be admitted to this State under the following conditions and restrictions: Non-rooted propagating materials may be admitted if accompanied by a statement that the mother vines were…

Statements of freedom from viruses required by this Part must be the statement of the chief horticultural inspector, by whatever name known, of the country, province or State in which such shipment originated.

For the purpose of this Part, the following words, names and terms shall be construed, respectively, to mean: The insect known as the Asian Long Horned Beetle, Anoplophora glabripennis, in any stage of development. This term refers to the presence of the Asian Long Horned Beetle …

That area in the Villages of Amityville, Babylon, Farmingdale, Lindenhurst, Massapequa Park and the hamlets of North Amityville, Bethpage, Old Bethpage, North Babylon, West Babylon, Copiague, Deer Park, East Farmingdale, South Farmingdale, North Lindenhurst, Melville, Massapequa,…

The intrastate movement of living Asian Long Horned Beetles in any stage of development, whether moved independent of or in connection with any other article, is prohibited, except as provided in section 139.9 of this Part. The following articles shall not be removed from a quara…

Unless exempted by administrative instructions of the Commissioner of Agriculture and Markets of the State of New York, regulated articles shall not be moved intrastate from the regulated area to or through any point outside thereof unless accompanied by a valid certificate or li…

(a) Certificates may be issued for the intrastate movement of regulated articles under one or more of the following conditions: (1) when they have been inspected and found apparently free from infestation; (2) when they have been treated, fumigated, or processed by approved metho…

Any car or other conveyance, any package or other container, and any article or thing to be moved, which is moving, or which has been moved intrastate from the regulated area, which contains, or which the inspector has probable cause to believe may contain, infestations of the As…

(a) Persons intending to move intrastate any of the articles covered by these regulations shall make application for certification as far in advance as possible, and will be required to prepare and assemble materials at such points and in such manner as the inspector shall design…

Every container of regulated articles 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 certific…

Regulated articles may be moved intrastate for experimental or scientific purposes, on such conditions and under such safeguards as may be prescribed by the New York State Department of Agriculture and Markets. The container of articles so moved shall bear, securely attached to t…

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 requir…

(a) Persons intending to move intrastate any of the articles covered by these regulations shall make application for certification as far in advance as possible, and will be required to prepare and assemble articles at such points and in such manner as the inspector shall designa…

Every container of regulated articles 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 certific…

Regulated articles may be moved intrastate for experimental or scientific purposes, on such conditions and under such safeguards as may be prescribed by the New York State Department of Agriculture and Markets. The container of articles so moved shall bear, securely attached to t…

(a) That area of Niagara County which is bordered on the north by Lake Ontario and bordered on the east by the town line of the Towns of Newfane and Somerset, extending south to the town line of the Towns of Newfane and Hartland, extending south on the town lines of the Towns of …

(a) That area of Ulster and Orange Counties that intersects and lies within the following one mile radius circle: (GPS coordinates 41.59229. -73.97927), that intersect with Route 9W on the north, following an imaginary line east to the intersection of Mill House Road, (GPS coordi…

The nursery stock regulated area shall consist of the quarantined area set forth in section 140.2 of this Part, exclusive of the regulated areas set forth in section 140.3 of this Part.

(a) Regulated articles originating from or growing within the regulated area or the nursery stock regulated area shall not be used as a source of propagated material (either root stock, scion, budwood or seed). (b) Regulated articles originating from or growing within Niagara Cou…

(1) The movement of any regulated article within the regulated area is prohibited. (2) The intrastate movement of any regulated article from the regulated area to any point outside the regulated area is prohibited, except pursuant to a limited permit, authorizing such movement. (…

Nursery dealers and nursery growers handling regulated articles within a nursery stock regulated area that is adjacent to a regulated area shall compile, maintain and make available for inspection, for a period of two years, records of inventory and sales of regulated articles on…

(a) Certificates may be issued for the intrastate movement of regulated articles when they have been grown, produced, manufactured, stored or handled in such a manner that, in the judgment of the inspector, no infection would be transmitted thereby, provided that subsequent to ce…

Any car or other conveyance, any package or other container, and any article or thing to be moved, which is moving, or which has been moved intrastate from the regulated area, which contains, or which the inspector has probable cause to believe may contain, regulated articles or …

For this Part, the following words, names and terms shall be construed respectively, to mean: The Agriculture and Markets Law. A valid form issued by the certifying authority of a state, certifying that a regulated article may be moved into the State of New York, pursuant to the …

The quarantine area consists of the following counties: (a) in the Commonwealth of Pennsylvania, the Counties of Allegheny, Beaver, Berks, Blair, Bucks, Carbon, Chester, Columbia, Cumberland, Dauphin, Delaware, Huntington, Juniata, Lancaster, Lebanon, Lehigh, Luzerna, Mifflin, Mo…

The following articles are regulated when originating from, located within, or moved through the area as described in section 142.2 of this Part: (a) any living life stage of the spotted lanternfly; (b) brush, debris, bark, or yard waste; (c) landscaping, remodeling, or construct…

(a) No person shall move a regulated article that has originated from a quarantine area into the State of New York unless: (1) such regulated article is accompanied by a certificate of inspection or will be moved into the State of New York for experimental or scientific purposes,…

(a) The department will not accept or recognize a certificate of inspection, nor a substantially revised certificate of inspection, unless a copy thereof is furnished to the department for its approval, prior to use. (b) The department will not accept or recognize a certificate o…

(a) The department may inspect any container, conveyance, package, or vehicle reasonably believed to contain a regulated article. (b) When a regulated article has been moved into the State of New York in violation of the provisions of this Part, an inspector may take such action …

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.

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…

(a) Any vehicle or other conveyance, any package or other container, and any item to be moved, or which has been moved intrastate from the quarantine area which may contain a regulated article is subject to be examined by an inspector. (b) When items are found to be moving or to …

This Part shall only apply to the intrastate movement of regulated articles. No provision of this Part relieves any person from the obligation to comply with any additional applicable Federal, State, county, regional or local law or regulation.

This regulation shall take effect immediately.

The quarantine area is set forth on the map below and is designated to include the following areas: (1) Niagara County, in its entirety; (2) Orleans County in its entirety; and (3) Erie County, in its entirety. (b) The requirements in this Part shall not apply to the Cattaraugus,…

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 and Federal 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 143.5, 143.6 and 143.7 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. (b) The department may, in its sole discretion, may issue or decline to issue a compliance agreement. Any authorized holder of a complianc…

(1) 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: (i) during the months of May and continuing thro…

(1) 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 …

(a) All persons intending to conduct intrastate movement of a regulated article, except as provided in sections 143.4, 143.5, 143.6, and/or 143.7 of this Part, shall make an application for inspection as far in advance as possible, in writing to the inspector. (1) Regulated artic…

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…