1 CRR-NY 128.6NY-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 128.6
1 CRR-NY 128.6
128.6 Conditions governing limited permits and certificates of inspection for movement of regulated articles out of the quarantine area.
(a) Limited permits.
An inspector or an authorized holder of a compliance agreement may issue a limited permit for the movement of a regulated article out of the quarantine area, provided that the regulated article meets the following requirements.
(1) Limited permits for regulated articles intended to be sold without further processing. Limited permits for regulated articles that are intended for sale without further processing outside the quarantine area may be issued, provided that each following conditions are met:
(i) the regulated articles are grown under the systems approach, as outlined in the applicable compliance agreement consisting of certified sprays of pesticide from the materials listed in the compliance agreement, with specified rate of active ingredient starting at least 30 days prior to harvest, and continuing every 6-10 days until harvest as permitted by the applicable pesticide label indicating proper use; and regulatory trapping in orchard blocks conducted by the department, with at least one ECFF trap and a minimum of 2 traps for each 5 acres. Such traps will be set, collected, and changed on a weekly schedule by the department; and
(ii) shall not be moved to Columbia and Ulster counties in New York, which are prohibited for such movement, under the systems approach and as listed in the compliance agreement; and
(iii) the orchard block from which the regulated articles were harvested has no more than one current-season ECFF regulatory trap catch, or the regulated article was inspected utilizing float test specified in any applicable compliance agreement and was determined to be free of ECFF larvae by the authorized holder of the compliance agreement or an inspector.
(2) Limited permits for regulated articles intended to be sold or transferred to a processing facility.
(i) Processing facilities located outside the quarantine area may accept a regulated article originating from the quarantine area, provided the following conditions are met:
(a) the regulated article is accompanied by a valid limited permit or certificate of inspection; and
(b) such processing facility has been approved for such activity as an authorized holder of a compliance agreement; and
(c) if more than one current-season ECFF regulatory trap catch exists, either:
(1) the regulated article has been inspected utilizing the float test specified in any applicable compliance agreement and has been determined by the authorized holder of the compliance agreement or an inspector to be free of ECFF larvae; or
(2) at least one of the following mitigating safeguards for handling culls and fruit waste, excluding pits, shall be employed:
(1) heat treatment at 132 degrees Fahrenheit for 1 hour;
(2) submersion in water for 14 days;
(3) frozen for 48 hours;
(4) returned to originating location within the quarantine area for disposal; or
(5) deep burial under at least 12 inches of soil.
(ii) Regulated articles within the quarantine area may freely ship to processing facilities located within the quarantine area, pursuant to section 128.3 of this Part, provided such facilities are authorized to process regulated articles from within the quarantine area pursuant to a compliance agreement.
(iii) Limited permits may be issued for the movement of a regulated article from a corresponding orchard block with two or more current-season ECFF regulatory trap catches, to a processing facility outside the quarantine area if the requirements of subparagraphs (1)(i), (ii) and (2)(i) of this subdivision are met, and which also complies with the following conditions:
(a) the processing facility employs mitigation safeguards for culls and fruit waste as outlined in the processing facility’s compliance agreement, or as otherwise provided in this section; or
(b) the regulated article has been inspected utilizing the float test specified in the applicable compliance agreement and has been determined by the authorized holder of the compliance agreement or an inspector to be free of ECFF larvae. Such regulated article shall be issued a certificate of inspection to accompany any such loads prior to shipping as provided in subparagraph (b)(1)(i) of this section.
(3) An inspector or authorized holder of a compliance agreement may issue additional limited permits pursuant to the terms of a compliance agreement, or may authorize, in writing, the reproduction of an issued limited permit in order to be placed on shipping containers, as requested by an authorized holder of a compliance agreement. Such limited permits may be completed and used, as needed, for the movement of a regulated article out of the quarantine area, provided such articles have met all requirements of this Part.
(4) Where applicable, a regulated article intended for interstate commerce must be otherwise eligible for unrestricted movement under all other applicable Federal and State plant quarantines and regulations before a limited permit may be issued.
(5) All issued limited permits shall accompany the corresponding shipment of any regulated article leaving the quarantine area as specified in section 128.9 of this Part.
(6) Any limited permit 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 limited permit 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 limited permit 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.
(b) Certificates of inspection.
(1) An inspector or an authorized holder of a compliance agreement may issue a certificate of inspection permitting the intrastate movement of a regulated article, provided such article has been duly inspected and determined to be:
(i) inspected using the float test specified in any applicable compliance agreement and has been determined by the authorized holder of the compliance agreement or an inspector to be free of ECFF larvae;
(ii) treated, fumigated or processed by methods which render ECFF non-viable, which have been approved by the department, or outlined in the compliance agreement; or
(iii) grown, produced, manufactured, stored or handled in such manner that, in the judgment of the inspector, transmission of infestation would be controlled or limited, provided that, subsequent to the issuance of a certificate of inspection, such regulated article shall be loaded, handled, and shipped under such protection and safeguards against ECFF infestation, as established by an inspector or otherwise established by the department.
(2) An inspector or authorized holder of a compliance agreement may issue additional certificates of inspection, pursuant to the terms of a compliance agreement, or may authorize, in writing, the reproduction of an issued certificate of inspection in order to be placed on shipping containers, as requested by a person operating under a compliance agreement. Such certificates of inspection may then be completed and utilized as needed, for the movement of a regulated article to points outside the quarantine area, provided such regulated article otherwise meets all requirements of this Part.
(3) Where applicable, a regulated article intended for interstate commerce must be otherwise eligible for unrestricted movement under all other applicable Federal and State plant quarantines and regulations before a certificate of inspection may be issued.
(4) All issued certificates of inspection shall accompany the corresponding shipment of any regulated article leaving the quarantine area as specified in section 128.9 of this Part.
(5) Any certificate of inspection 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 certificate of inspection has not complied with this Part or the conditions imposed by a 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 certificate of inspection 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 128.6
Current through January 15, 2022
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