§ 164-a. Shipment of live pests. No person, shall sell, barter, offer\nfor sale, or move, transport, deliver, ship, or offer for shipment, into\nor within this state any living insects in any state of their\ndevelopment, or noxious weeds, living fungi, bacteria, nematodes,\nviruses or other living plant parasitic organisms without first\nobtaining a permit from the commissioner. Such permit shall be issued\nonly after the commissioner has determined that the insects, noxious\nweeds or living bacteria, fungi, nematodes, viruses or other plant\nparasitic organisms in question are not injurious to plants or plant\nproducts, if not already present in the state, or have not been found to\nbe seriously injurious to warrant their being refused entrance or\nmovement, if known to be already established within the borders of the\nstate; provided, that the commissioner may at his discretion exempt the\nsale and transportation of specific insects, noxious weeds, fungi,\nbacteria, and other plant parasitic organisms from the provisions of\nthis section if such sale and transportation is not considered harmful\nto the health and welfare of the people of the state, or for scientific\npurposes under specified safeguards determined by the commissioner.\n
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