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 128.4 - Intrastate movement of regulated articles originating within or traveling through the quarantine area to or from points outside the quarantine area

Universal Citation: 1 NY Comp Codes Rules and Regs § 128.4

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The intrastate movement of regulated articles, as defined in this Part, 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 regulated article from any point within the quarantine area to or through any point outside the quarantine area, unless:

(1) accompanied by a limited permit or certificate of inspection authorizing such movement under administrative instructions of the commissioner; or

(2) subject to an exemption as described in section 128.7 of this Part.

(c) Notwithstanding the provisions of subdivision (b) of this section, a regulated article originating from within New York, but outside the quarantine area in New York, may be moved through the quarantine area in the State, provided that:

(1) the points of origin and destination of the regulated article are indicated on a waybill accompanying the regulated article;

(2) the regulated article, if moved through the quarantine area during the months of June through and including August, is either moved in a completely enclosed portion of a vehicle or other conveyance, or is completely enclosed by a covering adequate to prevent access by ECFF, such as canvas, plastic, or other closely woven cloth; and

(3) the regulated article is moved directly through the quarantine area without stopping, except for refueling, and as required by traffic conditions.

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