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 130 - Control Of Scleroderris Canker
Section 130.4 - Conditions governing the issuance of certificates and permits

Universal Citation: 1 NY Comp Codes Rules and Regs § 130.4

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

(a) Certificates. Certificates may be issued by an inspector for the movement of regulated articles under one or more of the following conditions:

(1) when they have been inspected and found apparently free from infection;

(2) when they have been treated, or processed by methods approved by the commissioner; or

(3) when they have been grown, produced, manufactured, stored or handled in such a manner that, in the judgment of the inspector, they have not been exposed to infection or if no infection would be transmitted by the shipment thereof; provided that subsequent to certification the regulated articles will be loaded, handled and shipped under such protection and safeguards against reinfection as are required by the inspector.

(b) Limited permits. Limited permits may be issued for the movement of noncertified regulated articles to specified destinations for specified processing, handling or utilization. Persons shipping, transporting or receiving such articles may be required to enter into written dealer-carrier agreements to maintain such sanitation safeguards against the establishment and spread of infection and to comply with such conditions as to the maintenance of identity, handling, processing or subsequent movement of regulated products as may be required by the inspector. Failure to comply with conditions of the agreement will result in its cancellation.

(c) Cancellation of certificates or limited permits. Certificates or limited permits issued under these regulations may be withdrawn or cancelled by the inspector and further certification refused whenever in his judgment the further use of such certificates or permits might result in the dissemination of infection.

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