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 128.7 - Exemptions

Universal Citation: 1 NY Comp Codes Rules and Regs § 128.7

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

(a) Shipments of regulated articles for experimental and scientific purposes.

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 identifying tag issued by the department showing compliance with such conditions.

(b) Commissioner administrative exemption.

(1) A regulated article may be moved intrastate pursuant to an administrative exemption issued by the commissioner. The container of the article so moved shall bear, securely attached to the outside thereof, an identifying tag issued by the department evidencing the issuance of such administrative exemption.

(2) An application for an administrative exemption shall be made in writing to the duly authorized department representative. The issuance or denial of an administrative exemption under this section, either orally or in writing, shall be final unless within seven days from the date of denial thereof, the department receives notice from applicant in writing of its intention for a proceeding to review such action.

(1) Ripe fruit originating from outside the quarantine area may freely move into the quarantine area for sale at farm markets, auctions or other venues, and will not be considered a regulated article when leaving the quarantine zone.

(2) Ripe fruit imported into the quarantine for retail or wholesale from outside the quarantine area must be accompanied by bills of lading or other documents which establish the point of origin and final destination for each lot of fruit.

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