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 143 - Control of the Box Tree Moth
Section 143.7 - Conditions governing limited permits and certificates of inspection for movement of regulated articles out of the quarantine area

Universal Citation: 1 NY Comp Codes Rules and Regs § 143.7

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

(a) Limited Permits.

(1) An inspector or an authorized holder of a compliance agreement may issue a limited permit for the movement of a regulated article out of the quarantine area, provided that the regulated article meets the following requirements:

(i) Limited permits for the movement of regulated articles intended to be sold or shipped outside of the quarantine area shall require the treatment of regulated articles using such control measures approved by the Department, and prescribed in a compliance agreement, and in accordance with any applicable manufacturers' instructions or labels; and

(ii) Before a limited permit may be issued, where applicable, a regulated article intended for interstate commerce shall be otherwise eligible for unrestricted movement under all other applicable federal and state plant quarantines and regulations.

(2) All issued limited permits shall accompany the corresponding shipment of any regulated article leaving the quarantine area, as specified in Section 143.9 of this Part.

(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 a person operating under a compliance agreement. Such limited permits 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.

(4) Any limited permit 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 limited permit has not complied with this Part or the conditions imposed under the compliance agreement.

(i) Cancellation of a limited permit 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.

(ii) Cancellation of a limited permit 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.

(b) Certificates of inspection.

(1) An inspector may issue a certificate of inspection for the movement of a regulated article out of the quarantine area, provided that the regulated article meets the following requirements:

(i) Before a certificate of inspection may be issued, a regulated article intended for interstate commerce must otherwise be eligible for unrestricted movement under all other applicable federal and state plant quarantines and regulations; and

(ii) The regulated article shall be inspected and determined to be free of BTM infestation, as defined herein, by an inspector or an authorized holder of a compliance agreement; or

(iii) The regulated article shall be treated or processed by methods which render BTM non-viable, which have been approved by the Department, or as outlined in the compliance agreement; or

(iv) The regulated article is grown, produced, manufactured, stored or handled in such manner that, in the judgment of the inspector, transmission of infestation would be controlled or limited, provided that, subsequent to the issuance of a certificate of inspection, such regulated article shall be loaded, handled, and shipped under such protection and safeguards against BTM infestation, as established by an inspector or otherwise established by the Department.

(2) All issued certificates of inspection shall accompany the corresponding shipment of any regulated article leaving the quarantine area as specified in Section 143.9 of this Part.

(3) An inspector may issue additional certificates of inspection, 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.

(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.

(i) Cancellation of a certificate of inspection 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.

(ii) Cancellation of a 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.

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