N.Y. Comp. Codes R. & Regs. tit. 1 § 143.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 143.8 - Exemptions

(a) Shipments of regulated articles for experimental and scientific purposes.

(1) A regulated article may be moved intrastate for experimental or scientific purposes, on such conditions and under such safeguards as may be prescribed in writing by the Department. The container of the article so moved shall bear, securely attached to the outside thereof, an identifying tag issued by the Department showing compliance with such conditions.

(2) An application for an exemption under this Section shall be made in writing to the duly authorized Department representative. The issuance or denial of an exemption under this Section, either orally or in writing, shall be final unless within seven days from the date of denial thereof, the Department receives notice from applicant in writing of its intention for a proceeding to review such action.

(b) Commissioner Administrative Exemption.

(1) A regulated article may be moved intrastate pursuant to an administrative exemption issued by the Commissioner. The container of the article so moved shall bear, securely attached to the outside thereof, an identifying tag issued by the Department evidencing the issuance of such administrative exemption.

(2) An application for an administrative exemption shall be made in writing to the duly authorized Department representative. The issuance or denial of an administrative exemption under this Section, either orally or in writing, shall be final unless within seven days from the date of denial thereof, the Department receives notice from applicant in writing of its intention for a proceeding to review such action.

(c) Exemption for the sale of cut material of regulated articles intended for decorative use or purposes. Cut material of regulated articles, which shall not include whole trees of any size, may be shipped into the quarantine area for sale during the months of November, through and including, December, provided that:

(1) such cut material is intended solely for decorative purposes or uses;

(2) such cut material is produced in and originating from points outside the quarantine area;

(3) upon visual inspection, such cut material does not show any apparent signs of infestation, and is otherwise not known to be infested;

(4) the points of origin and destination of the regulated article are clearly marked on the container, waybill accompanying the regulated article, and any other documentation accompanying the shipment required by this Part; and

(5) the regulated article is promptly, but no later than 48 hours immediately after the permitted sale period, removed from sale and disposed of through a double bagging method, and placed in the municipal waste stream.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 143.8

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

Amended and renumbered from 143.7 New York State Register September 20, 2023/Volume XLV, Issue 38, eff. 9/20/2023