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 143.8 - Exemptions
Universal Citation: 1 NY Comp Codes Rules and Regs ยง 143.8
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Shipments of regulated articles for experimental and scientific purposes.
(1) 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.
(2) An application
for an exemption under this Section shall be made in writing to the duly
authorized Department representative. The issuance or denial of an 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.
(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.
(c) Exemption for the sale of cut material of regulated articles intended for decorative use or purposes. Cut material of regulated articles, which shall not include whole trees of any size, may be shipped into the quarantine area for sale during the months of November, through and including, December, provided that:
(1) such cut material is intended solely for
decorative purposes or uses;
(2)
such cut material is produced in and originating from points outside the
quarantine area;
(3) upon visual
inspection, such cut material does not show any apparent signs of infestation,
and is otherwise not known to be infested;
(4) the points of origin and destination of
the regulated article are clearly marked on the container, waybill accompanying
the regulated article, and any other documentation accompanying the shipment
required by this Part; and
(5) the
regulated article is promptly, but no later than 48 hours immediately after the
permitted sale period, removed from sale and disposed of through a double
bagging method, and placed in the municipal waste
stream.
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