Certification of Seed
NY-ADR
2/11/09 N.Y. St. Reg. AAM-35-08-00011-A
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 6
February 11, 2009
RULE MAKING ACTIVITIES
DEPARTMENT OF AGRICULTURE AND MARKETS
NOTICE OF ADOPTION
I.D No. AAM-35-08-00011-A
Filing No. 105
Filing Date. Jan. 27, 2009
Effective Date. Feb. 11, 2009
Certification of Seed
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of Part 96 and addition of new Part 96 to Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 141 and 142
Subject:
Certification of seed.
Purpose:
To establish general seed certification standards.
Text or summary was published
in the August 27, 2008 issue of the Register, I.D. No. AAM-35-08-00011-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Robert Mungari, Division of Plant Industry, Department of Agriculture and Markets, 10B Airline Dr., Albany, NY 12235, (518) 457-2087
Additional matter required by statute:
Incorporation by Reference Certification's for each of the three referenced documents. Two bound copies of each of the three referenced documents.
Assessment of Public Comment
1. Comment: Comment was received supporting the proposed regulations and the uniformity in regulation that this regulatory change will create.
Agency response: The Department agrees with the comment.
2. Comment: Comment was received expressing support for the cooperative nature of this regulatory process and indicating that the drafting and review of these regulations facilitate compliance with other states' regulations and with federal regulations.
Agency response: The Department agrees with this comment.
3. Comment: Comment was received asking that the State not forget the organic growers who need special consideration; whose specific concerns are not addressed in the proposed regulations and who have a difficult time obtaining quality seed compliant with organic requirements.
Agency response: The Department believes that the issue of organic seed falls outside the scope of the current rule making, which deals with general seed certification standards, and that if it is determined that additional rules are required for organic seed they should be the subject of a separate rule making.
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