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 128.8 - Assembly of regulated articles for inspection

(a) All persons intending to conduct intrastate movement of a regulated article, except as provided in sections 128.4, 128.5, 128.6 and/or 128.7 of this Part, shall make an application for inspection as far in advance as possible, in writing to the inspector, and will be required to prepare and assemble materials at such locations, and in such manner, as the inspector shall designate, to allow for the thorough inspection of such article, or to allow the application of treatments approved by the department in order to render ECFF non-viable. Any article which requires inspection under this section shall, as a basis for the issuance of a certificate of inspection, be free from matter or other condition that makes inspection impracticable or infeasible.

(b) The department shall not be responsible for any cost incident to inspections or certification, other than the cost of providing the designated inspector.

(c) Any determination which prohibits the movement of a regulated article pursuant to subdivision (a) of this section, whether oral or in writing, shall be final unless within seven days from the date of such determination, the applicant notifies the department in writing of its intention for a proceeding to review such action.

(d) Repealed.