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

Universal Citation: 1 NY Comp Codes Rules and Regs § 128.1

Current through Register Vol. 46, No. 39, September 25, 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.

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.

(q) Ripe Fruit.

Fruit that has reached maturity, and has been harvested for fresh consumption or further processing.

(r) Systems approach.

A set of criteria which when followed minimize the spread of a pest and are prescribed by the department.

(s) USDA APHIS, PPQ.

The Animal and Plant Health Inspection Service, Plant Protection and Quarantine Service of the United States Department of Agriculture.

Footnotes

1 All cherry species are regulated

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