Legislation
SECTION 163
Prevention of introduction of injurious insects, noxious weeds, and plant diseases
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 14
§ 163. Prevention of introduction of injurious insects, noxious weeds,
and plant diseases. 1. The commissioner shall take such action as he
may deem necessary to prevent the introduction into this state of
injurious insects, noxious weeds, and plant diseases, provided that he
shall consult with the commissioner of environmental conservation prior
to the commencement of any action to eradicate noxious weeds.
2. All nursery stock shipped into this state shall bear or carry on
the container thereof an unexpired certificate, or copy thereof, to the
effect that (a) the contents of such container have been inspected by a
duly authorized official and that the contents appear to be free from
all injurious insects or plant diseases, or (b) that the nursery stock
of the grower of such contents had been examined by a duly authorized
official and had been found to be apparently free from all injurious
insects or plant diseases. Such certificate shall be the certificate of
the chief horticultural inspector, by whatever name known, of the
country, province or state in which such shipment originated. There
shall be shown in the certificate or by a separate tag attached thereto
the name and address of the consignor or shipper, the name and address
of the consignee or person to whom the nursery stock is shipped, and the
general nature of the contents together with labels upon each variety of
nursery stock declaring the name thereof and a statement by the
consignor or shipper that such nursery stock is in a live and vigorous
condition.
3. Any person within the state receiving nursery stock from without
the state not accompanied by the certificate described in subdivision
two of this section, shall immediately notify the commissioner of the
receipt of such nursery stock and shall not unpack the same unless
permitted by the commissioner so to do, and shall not allow such nursery
stock to leave his possession until it has been inspected and released
by the commissioner.
4. It shall be unlawful for any person to offer for sale or to sell
dead nursery stock.
and plant diseases. 1. The commissioner shall take such action as he
may deem necessary to prevent the introduction into this state of
injurious insects, noxious weeds, and plant diseases, provided that he
shall consult with the commissioner of environmental conservation prior
to the commencement of any action to eradicate noxious weeds.
2. All nursery stock shipped into this state shall bear or carry on
the container thereof an unexpired certificate, or copy thereof, to the
effect that (a) the contents of such container have been inspected by a
duly authorized official and that the contents appear to be free from
all injurious insects or plant diseases, or (b) that the nursery stock
of the grower of such contents had been examined by a duly authorized
official and had been found to be apparently free from all injurious
insects or plant diseases. Such certificate shall be the certificate of
the chief horticultural inspector, by whatever name known, of the
country, province or state in which such shipment originated. There
shall be shown in the certificate or by a separate tag attached thereto
the name and address of the consignor or shipper, the name and address
of the consignee or person to whom the nursery stock is shipped, and the
general nature of the contents together with labels upon each variety of
nursery stock declaring the name thereof and a statement by the
consignor or shipper that such nursery stock is in a live and vigorous
condition.
3. Any person within the state receiving nursery stock from without
the state not accompanied by the certificate described in subdivision
two of this section, shall immediately notify the commissioner of the
receipt of such nursery stock and shall not unpack the same unless
permitted by the commissioner so to do, and shall not allow such nursery
stock to leave his possession until it has been inspected and released
by the commissioner.
4. It shall be unlawful for any person to offer for sale or to sell
dead nursery stock.