New York Agriculture and Markets Code § 163

Prevention of introduction of injurious insects, noxious weeds, and plant diseases
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§ 163. Prevention of introduction of injurious insects, noxious weeds,\nand plant diseases.  1. The commissioner shall take such action as he\nmay deem necessary to prevent the introduction into this state of\ninjurious insects, noxious weeds, and plant diseases, provided that he\nshall consult with the commissioner of environmental conservation prior\nto the commencement of any action to eradicate noxious weeds.\n  2. All nursery stock shipped into this state shall bear or carry on\nthe container thereof an unexpired certificate, or copy thereof, to the\neffect that (a) the contents of such container have been inspected by a\nduly authorized official and that the contents appear to be free from\nall injurious insects or plant diseases, or (b) that the nursery stock\nof the grower of such contents had been examined by a duly authorized\nofficial and had been found to be apparently free from all injurious\ninsects or plant diseases. Such certificate shall be the certificate of\nthe chief horticultural inspector, by whatever name known, of the\ncountry, province or state in which such shipment originated. There\nshall be shown in the certificate or by a separate tag attached thereto\nthe name and address of the consignor or shipper, the name and address\nof the consignee or person to whom the nursery stock is shipped, and the\ngeneral nature of the contents together with labels upon each variety of\nnursery stock declaring the name thereof and a statement by the\nconsignor or shipper that such nursery stock is in a live and vigorous\ncondition.\n  3. Any person within the state receiving nursery stock from without\nthe state not accompanied by the certificate described in subdivision\ntwo of this section, shall immediately notify the commissioner of the\nreceipt of such nursery stock and shall not unpack the same unless\npermitted by the commissioner so to do, and shall not allow such nursery\nstock to leave his possession until it has been inspected and released\nby the commissioner.\n  4. It shall be unlawful for any person to offer for sale or to sell\ndead nursery stock.\n

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