2012 New York Consolidated Laws
AGM - Agriculture & Markets
Article 14 - (161 - 169-D) Prevention and Control of Disease in Trees and Plants; Insect Pests; Sale of Fruit-bearing Trees
167 - Access to premises; quarantines; rules and regulations.

 
    § 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.