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This entry was published on 2014-09-22
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Access to premises; quarantines; rules and regulations
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 14
§ 167. Access to premises; quarantines; rules and regulations. 1. The
commissioner or his representatives shall have full access to all
premises, places, farms, buildings, vehicles, airplanes, vessels and
cars for the purpose of enforcing the provisions of this article. The
commissioner or his representatives may examine trees, shrubs, plants
and vines, soil, or host plants or any other material which are infested
or infected or susceptible to infestation or infection by injurious
insects or plant diseases, or contaminated by noxious weed. He or they
may open any package or other container, the contents of which may have
been so infested or infected or contaminated with noxious weed or which
have been exposed to such infestation, infection or contamination. It
shall be unlawful to hinder or defeat such access or examination by
misrepresentation, concealment of facts or conditions, or otherwise.

2. The commissioner is hereby authorized to make, issue, promulgate
and enforce such orders, by way of quarantines or otherwise, as he may
deem necessary or fitting to carry out the purposes of this article.

3. The commissioner may adopt and promulgate such rules and
regulations to supplement and give full effect to the provisions of this
article as he may deem necessary including, but not limited to, the
designation of any plant as a noxious weed.

3-a. The department, in cooperation with the department of
environmental conservation shall restrict the sale, purchase,
possession, propagation, introduction, importation, transport and
disposal of invasive species pursuant to section 9-1709 of the
environmental conservation law.

4. Non-resident nursery growers or dealers, or other persons, firms,
partnerships, associations or corporations desiring to solicit orders
for nursery stock in this state shall upon filing a certified copy of
their valid state certificate or registration with the commissioner, pay
to the commissioner an annual fee of twenty-five dollars.
Notwithstanding such filing and fee requirements, the commissioner may
enter into reciprocal agreements with the responsible officers of other
states, under which agreements the commissioner may accept such other
states' certified directories of persons, firms, associations and
corporations registered to sell nursery stock, in lieu of requiring the
filing of certified copies of individual registrations by the nursery
growers of such states and under which nursery stock owned or handled by
nursery growers of such states may be sold or delivered in this state
without the payment of a New York non-resident fee, provided like
privileges are accorded to New York nursery growers in such other
states. Upon satisfying the commissioner of such registration in another
state and upon payment of the non-resident fee or the waiver of such fee
as provided in this section, such person, firm, partnership, association
or corporation shall be authorized to solicit orders for nursery stock
in this state.