N.Y. Comp. Codes R. & Regs. tit. 1 § 143.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 143.1 - Definitions

For the purpose of this Part, the following words, names and terms shall be construed respectively, to mean:

(a) AML. The Agriculture and Markets Law.

(b) Authorized holder. Any person who is granted a limited permit or certificate of inspection by the Department or enters into a compliance agreement with the Department.

(c) Box Tree Moth or BTM. Any living life stage of the insect known as Cydalima perspectalis.

(d) Certificate of inspection. The document issued under the authority of or by the Department, which affirms that a regulated article is free of BTM for the purposes of intrastate movement.

(e) Commissioner. The Commissioner of the Department of Agriculture and Markets or the Commissioner's duly authorized representative.

(f) Compliance agreement. The document issued under the authority of or by the Department that sets forth the requirements covering restricted movement, treatment, processing, handling or utilization of a regulated article not otherwise eligible for intrastate movement, and permits its authorized holder to issue a limited permit for the movement of a restricted article, subject to the terms of the compliance agreement and this Part without a Department inspection prior to each movement.

(g) Department. The Department of Agriculture and Markets (AGM).

(h) Infestation. The presence of the BTM in any life stage.

(i) Inspector. Any inspector of the Department or cooperator from the United States Department of Agriculture (USDA), when authorized by the Department to act in that capacity.

(j) Limited permit. The document issued under the authority of or by the Department, or an authorized holder of a compliance agreement, permitting the one-time restricted movement of a regulated article from the quarantine area to a specified destination for specified treatment, processing, handling or utilization.

(k) Moved and Movement. Shipped, offered or received for shipment, carried, transported, or relocated into or through any area of the State.

(l) Person. An individual, organization, corporation, partnership, public authority, county, town, village, city, municipal agency or public corporation, or any other legal entity other than the Department or its respective authorized agents including the United States Department of Agriculture.

(m) Quarantine Area. The geographic area of the State defined in and delineated on the quarantine area map in Section 143.2 of this Part.

(n) Regulated article. The whole plant, plant parts and nursery stock of the genus Buxus, including all living and dead material, cut or fallen stems and branches, stumps, stems, roots, branches, leaves and debris any of which measuring a half inch or greater in any two dimensions as measured by a sieve or other appropriate mechanism, or is comingled or indistinguishable from any part of the Buxus plant and/or plant parts, except as described in section 143.7 (c) of this Part. A regulated article may also include any other article, commodity, item, or product that an inspector reasonably believes to be infested, or susceptible to infestation by BTM, and which is the subject of a quarantine order issued by the Commissioner, pursuant to Article 14 of the AML.

(o) USDA APHIS, PPQ. The United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 143.1

Adopted New York State Register May 25, 2022/Volume XLIV, Issue 21, eff. 5/25/2022

Amended New York State Register September 20, 2023/Volume XLV, Issue 38, eff. 9/20/2023