2006 New York Code - Prevention Of Introduction Of Injurious Insects, Noxious Weeds, And Plant Diseases.


 
    § 163. Prevention of introduction of injurious insects, noxious weeds,
  and  plant  diseases.   1. The commissioner shall take such action as he
  may deem necessary to  prevent  the  introduction  into  this  state  of
  injurious  insects,  noxious weeds, and plant diseases, provided that he
  shall consult with the commissioner of environmental conservation  prior
  to the commencement of any action to eradicate noxious weeds.
    2.  All  nursery  stock shipped into this state shall bear or carry on
  the container thereof an unexpired certificate, or copy thereof, to  the
  effect  that (a) the contents of such container have been inspected by a
  duly authorized official and that the contents appear to  be  free  from
  all  injurious  insects or plant diseases, or (b) that the nursery stock
  of the grower of such contents had been examined by  a  duly  authorized
  official  and  had  been  found to be apparently free from all injurious
  insects or plant diseases. Such certificate shall be the certificate  of
  the  chief  horticultural  inspector,  by  whatever  name  known, of the
  country, province or state in  which  such  shipment  originated.  There
  shall  be shown in the certificate or by a separate tag attached thereto
  the name and address of the consignor or shipper, the name  and  address
  of the consignee or person to whom the nursery stock is shipped, and the
  general nature of the contents together with labels upon each variety of
  nursery  stock  declaring  the  name  thereof  and  a  statement  by the
  consignor or shipper that such nursery stock is in a live  and  vigorous
  condition.
    3.  Any  person  within the state receiving nursery stock from without
  the state not accompanied by the certificate  described  in  subdivision
  two  of  this  section, shall immediately notify the commissioner of the
  receipt of such nursery stock and  shall  not  unpack  the  same  unless
  permitted by the commissioner so to do, and shall not allow such nursery
  stock  to  leave his possession until it has been inspected and released
  by the commissioner.
    4. It shall be unlawful for any person to offer for sale  or  to  sell
  dead nursery stock.


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