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 143.9 - Assembly of Regulated Articles for Inspection

Universal Citation: 1 NY Comp Codes Rules and Regs § 143.9

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

(a) All persons intending to conduct intrastate movement of a regulated article, except as provided in Sections 143.4, 143.5, 143.6, and/or 143. 7 of this Part, shall make an application for inspection as far in advance as possible, in writing to the inspector.

(1) Regulated articles to be inspected shall be prepared and assembled at such locations and in such manner as the inspector shall designate, to allow for the thorough inspection of such article and/or to allow the application of control measures approved by the Department in order to render BTM non-viable.

(2) Before any regulated article that requires inspection under this Section shall be issued a certificate of inspection, such article shall 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 finding a condition which prevents the issuance of a certificate of inspection under 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.

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