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 128.6 - Conditions governing limited permits and certificates of inspection for movement of regulated articles out of the quarantine area

(1) Limited permits for regulated articles intended to be sold without further processing. Limited permits for regulated articles that are intended for sale without further processing outside the quarantine area may be issued, provided that each following conditions are met:

(2) Limited permits for regulated articles intended to be sold or transferred to a processing facility. Processing facilities located outside the quarantine area may accept a regulated article originating from the quarantine area, provided the following conditions are met:

(3) An inspector or authorized holder of a compliance agreement may issue additional limited permits pursuant to the terms of a compliance agreement, or may authorize, in writing, the reproduction of an issued limited permit in order to be placed on shipping containers, as requested by an authorized holder of a compliance agreement. Such limited permits may be completed and used, as needed, for the movement of a regulated article out of the quarantine area, provided such articles have met all requirements of this Part.

(4) All issued limited permits shall accompany the corresponding shipment of any regulated article leaving the quarantine area as specified in section 128.9 of this Part.

(5) Renumbered.

(6) Repealed.

(1) An inspector or an authorized holder of a compliance agreement may issue a certificate of inspection permitting the intrastate movement of a regulated article, provided such article has been duly inspected and determined to be:

(2) An inspector or authorized holder of a compliance agreement may issue additional certificates of inspection, pursuant to the terms of a compliance agreement, or may authorize, in writing, the reproduction of an issued certificate of inspection in order to be placed on shipping containers, as requested by a person operating under a compliance agreement. Such certificates of inspection may then be completed and utilized as needed, for the movement of a regulated article to points outside the quarantine area, provided such regulated article otherwise meets all requirements of this Part.

(3) All issued certificates of inspection shall accompany the corresponding shipment of any regulated article leaving the quarantine area as specified in section 128.9 of this Part.

(4) Any certificate of inspection may be cancelled by the department or an inspector, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the certificate of inspection has not complied with this Part or the conditions imposed by a compliance agreement. The cancellation shall take effect immediately upon providing oral notice or the delivery of the written notice, whichever occurs first. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing at a date no later than three days after such oral cancellation. The cancellation of the certificate of inspection shall be deemed final unless within seven days from the date of cancellation, the department receives notice from an authorized holder in writing of its intention for a proceeding to review such action.