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 150 - Voluntary Program For The Production Of Virus-tested Plant Materials
Section 150.5 - Identification

Universal Citation: 1 NY Comp Codes Rules and Regs § 150.5

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

(a) Notice of Plantings. The registered holder shall notify the Department before the planting, replanting, grafting, budding, re-budding, or removal of plants from registered blocks before the commencement of such activities. The Department shall acknowledge this notification in writing prior to start of work. Such notice to the Department shall specify the following information based on applicable block type:

(1) Generation 1 (G1) block. Identify each plant growing or originating in a manner approved by the Department, and indicate the variety, the rootstock (if appropriate), the year tested, and the plant identification number. The registration holder shall also identify each plant by row number, and plant location number.

(2) Generation 2 (G2) block. Identify each plant growing or originating in a manner approved by the Department, and indicate the variety, the rootstock (if appropriate), the year tested, and plant identification numbers. The registration holder shall also identify each plant by row number, and plant location number.

(3) Generation 3 (G3) block. Identify each plant growing, or originating in a manner approved by the Department, and indicate the variety, the rootstock (if appropriate), the year tested, and plant identification numbers. The registration holder shall also identify each plant by row number, and plant location number.

(4) Certified block. Identify each plant growing or originating in a manner approved by the Department. Plants grown in a certified block are eligible to be sold as New York State certified, virus-tested plants.

(b) The Department, in its sole discretion, may, after having received the notification required in subdivision (a) of this Section, conduct inspections, and grant approval or denial before plant material is planted, replanted, grafted, budded, re-budded, or removed from a registered block. A registration holder shall not plant, replant, graft, bud, rebud, or remove plants from a registered block unless he or she has been informed that the Department has either determined no inspection is necessary, and therefore no further approval is required; or unless the Department has conducted any inspections it deems necessary, and has informed the registration holder of its approval.

(c) Authority to label as certified. No person may represent plant material in advertisement, marketing, tags, or any other means as being New York State certified virus-tested plants, unless such person holds a registration issued pursuant to this Part.

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