1 CRR-NY 140.1NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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 140. CONTROL OF THE PLUM POX VIRUS (POTYVIRUS DIDERON STRAIN)
1 CRR-NY 140.1
1 CRR-NY 140.1
140.1 Definitions.
For the purpose of this Part, the following words, names and terms shall be construed, respectively, to mean:
(a) Certificate means a certificate issued or authorized to be issued by the commissioner, certifying the eligibility of products for intrastate movement under the requirements of this Part.
(b) Commissioner means the Commissioner of Agriculture and Markets of the State of New York and any officer or employee of the New York State Department of Agriculture and Markets or the United States Department of Agriculture duly delegated pursuant to section 17 of the Agriculture and Markets Law.
(c) Compliance agreement means an agreement approved by the commissioner and executed by persons or firms, covering the restricted movement, processing, handling or utilization of regulated articles not eligible for certification for intrastate movement.
(d) Infection means the presence of plum pox virus.
(e) Inspector means an inspector of the New York State Department of Agriculture and Markets, or representatives of the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS), when authorized to act in that capacity.
(f) Limited permit means a permit issued by the commissioner for the planting of regulated articles in the nursery stock regulated area for the restricted movement of regulated articles from a regulated area to a specified destination for specified processing, handling or utilization.
(g) Moved and movement means shipped, offered for shipment to a common carrier received for transportation or transported by a common carrier, or carried, transported, moved or allowed to be moved from the regulated area.
(h) Nursery dealer means any person, firm, partnership, association or corporation which or who is not a nursery grower or an original producer of nursery stock in the State and which or who buys, or acquires, or receives on consignment nursery stock for the purpose of reselling, transporting, or otherwise disposing of same.
(i) Nursery grower means the owner or operator of the grounds or premises, private or public, on or which nursery stock is propagated, grown or cultivated for the purpose of distribution or selling the same as a business. The term nursery grower shall not include persons engaged in the part-time production of plant products not sold in the regular channels of business.
(j) Nursery stock means all trees, shrubs, plants and vines and parts thereof.
(k) Nursery stock regulated area means any town a portion of which is within 11.5 kilometers of any location where the plum pox virus has been detected within the preceding six years.
(l) Plum pox virus means the plum pox potyvirus Dideron strain, which is a pathogen affecting susceptible Prunus species.
(m) Quarantined area means the area designated as quarantined by this Part.
(n) Regulated area means an area designated as regulated pursuant to this Part due to the presence of plum pox virus in that area.
(o) Regulated articles means plant and plant materials, including trees, seedlings, root stock, budwood, branches, scion, twigs and leaves of the following varieties of the Prunus species:
(1) Fruit-bearing and ornamental varieties including all cultivars of:
| Scientific Name | Common Name |
| Prunus americana | American plum and wild plum |
| Prunus armeniaca | Apricot |
| Prunus cerasifera | Myrobalan plum/Cherry plum |
| Prunus domestica | European plum and Common Plum |
| Prunus dulcis | Sweet Almond |
| Prunus persica | Peach and Flowering Peach |
| Prunus persica var. nucipersica | Nectarine |
| Prunus salicina | Japanese Plum |
(2) Ornamental varieties including all cultivars of:
| Scientific Name | Common Name |
| Prunus cerasifera | Purple Leaf Plum |
| Prunus x cistena | Purple Leaf Sand Cherry |
| Prunus glandulosa | Flowering Almond |
| Prunus persica | Flowering Peach and Purple Leaf Peach |
| Prunus pumila | Sand Cherry and Western Sand Cherry |
| Prunus spinosa | Black Thorn and Sloe |
| Prunus serrulata | Japanese Flowering Cherry and Kwanzan Cherry |
| Prunus tomentosa | Nanking Cherry and Hansen’s Bush Cherry |
| Prunus triloba | Flowering Plum |
(3) For the purposes of this Part, the following varieties of the Prunus species are not regulated articles: Prunus avium; Prunus cerasus; Prunus laurocerasus; Prunus mahaleb; Prunus padus; Prunus sargentii; Prunus serotina; Prunus serrula; Prunus subhirtella; Prunus yedoensis; and Prunus virginiana.
(4) For the purposes of this Part, seeds and fruit that are free of leaves of all varieties of the Prunus species are not regulated articles.
(p) State means the State of New York.
1 CRR-NY 140.1
Current through January 15, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.