N.Y. Comp. Codes R. & Regs. tit. 1 § 150.2

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

Section 150.2 - Voluntary program

The New York State Department of Agriculture and Markets, pursuant to Agriculture and Markets Law sections 18, 164 and 167, establishes the following voluntary program for the production of virus-tested plant materials within the State of New York.

(a) A nursery may apply to participate in a certification program on a form prescribed, or authorized by the Department, which shall require, at a minimum, that the applicant provide the row number and plant location of any and all G1, G2, G3 and certified blocks. If the Commissioner grants such application, an applicant shall be deemed a registration holder; the G1, G2, and G3 blocks identified in the application shall be deemed registered; and any plant material in a certified block shall be deemed certified.

(b) Application period. New applications shall be made during the month of January of the year in which the applicant seeks to be eligible for participation. The Department may, in its sole discretion, accept applications outside the prescribed period.

(c) The Commissioner may set fees in an amount that will defray the costs of administering the certification program, in whole or in part. An applicant shall remit the required fee no later than the date set by the Commissioner, and communicated to the applicant during the application process.

(d) A nursery shall remain in the certification program until such time as its registration is revoked, pursuant to subdivision (e) of this subsection, or until the registration holder voluntarily surrenders its registration in writing.

(e) A nursery's registration may be revoked, in the sole discretion of the Department, if:

(1) any requirements of this Part are not met; or

(2) any plant in the blocks registered by an applicant is found virus-infected unless, in the opinion of the Department, the remainder of the plantings in such blocks can be adequately protected by treatment or by removal, and destruction of all plants in the infected area, or by other means approved by the Department; or

(3) the plant material is off-type; or

(4) testing facilities, indicator plants, or assays used for virus testing are not available in sufficient quantity; or

(5) the required fees pursuant to subdivision (c) of this subsection have not been paid.

(f) The Department retains the right to discontinue this certification program, upon notice to all persons participating in this certification program, and shall not be liable for any incurred costs, damages, or other harm arising from such discontinuation.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 150.2

Adopted New York State Register September 7, 2022/Volume XLIV, Issue 36, eff. 9/7/2022