1 CRR-NY 128.5NY-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 128. CONTROL OF THE EUROPEAN CHERRY FRUIT FLY
1 CRR-NY 128.5
1 CRR-NY 128.5
128.5 Conditions governing compliance agreements for movement of regulated articles out of the quarantine area.
(a) A person engaged in growing, handling, or moving a regulated article intrastate may apply for a compliance agreement with the department, pursuant to which such person is authorized to issue limited permits or certificates of inspection, which allow movement of a regulated article without a department inspection prior to each movement.
(b) Any authorized holder of a compliance agreement must agree to comply with the provisions of this Part and any conditions imposed under the compliance agreement.
(c) A compliance agreement shall be subject to the department’s acceptance in its sole discretion.
(d) Any compliance agreement may be cancelled by the department or an inspector, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the compliance agreement has not complied with this Part or the conditions imposed under the compliance agreement. The cancellation shall take effect immediately upon providing oral notice or the delivery of the written notice, whichever occurs first. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing at a date no later than three days after such oral cancellation. The cancellation of the compliance agreement shall be deemed final unless within seven days from the date of cancellation, the department receives notice from an authorized holder in writing of its intention for a proceeding to review such action.
1 CRR-NY 128.5
Current through January 15, 2022
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