Control of the European Cherry Fruit Fly
NY-ADR
8/25/21 N.Y. St. Reg. AAM-21-21-00021-A
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 34
August 25, 2021
RULE MAKING ACTIVITIES
DEPARTMENT OF AGRICULTURE AND MARKETS
NOTICE OF ADOPTION
I.D No. AAM-21-21-00021-A
Filing No. 890
Filing Date. Aug. 05, 2021
Effective Date. Aug. 25, 2021
Control of the European Cherry Fruit Fly
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 128 of Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 18, 164 and 167
Subject:
Control of the European Cherry Fruit Fly.
Purpose:
To help control the spread of the European Cherry Fruit Fly (ECFF), which renders cherries unmarketable if they are infested.
Substance of final rule:
Changes to the previously published rule consist of only grammatical and technical revisions to allow for clarity in the text of the rule and correct inadvertent omission of words and punctuation. The previously published summary of text remains accurate, and therefore the change oes not necessitate the substantive revision of the previously published Summary of Text. A description of the nonsubstantial changes in the revised rule are as follows:
Section 128.2, subdivision (a), paragraphs (4) and (5). Commas have been added for consistency and grammatical purposes.
Section 128.2, subdivision (a), paragraph (6): The words “that area” have been deleted for consistency within the same subdivision.
Section 128.6, subdivision (a), paragraph (1): the words “of the” have been added to correct the inadvertent omission in the previously published rule.
Final rule as compared with last published rule:
Nonsubstantial changes were made in sections 128.2(a)(4), (5), (6) and 128.6(a)(1).
Text of rule and any required statements and analyses may be obtained from:
Christopher Logue, Director, Division of Plant Industry, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, (518) 457-2087, email: christopher.logue@ agriculture.ny.gov
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Changes to the previously published rule are nonsubstantial in nature. Since the amendments merely consist of only grammatical revisions to allow for clarity in the text of the rule and correct inadvertent omission of words and punctuation, these changes do not materially alter the purpose, meaning, or effect of the text. Therefore, these changes do not necessitate revision to the previously published Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2024, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The agency received no public comment.
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