§ 164-a. Shipment of live pests. No person, shall sell, barter, offer
for sale, or move, transport, deliver, ship, or offer for shipment, into
or within this state any living insects in any state of their
development, or noxious weeds, living fungi, bacteria, nematodes,
viruses or other living plant parasitic organisms without first
obtaining a permit from the commissioner. Such permit shall be issued
only after the commissioner has determined that the insects, noxious
weeds or living bacteria, fungi, nematodes, viruses or other plant
parasitic organisms in question are not injurious to plants or plant
products, if not already present in the state, or have not been found to
be seriously injurious to warrant their being refused entrance or
movement, if known to be already established within the borders of the
state; provided, that the commissioner may at his discretion exempt the
sale and transportation of specific insects, noxious weeds, fungi,
bacteria, and other plant parasitic organisms from the provisions of
this section if such sale and transportation is not considered harmful
to the health and welfare of the people of the state, or for scientific
purposes under specified safeguards determined by the commissioner.