N.Y. Comp. Codes R. & Regs. tit. 6 § 192.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 192.2 - Immune and resistant cultivars of currants and gooseberries

(a) Certification of cultivars. Any person wishing to plant, propagate, cultivate or sell plants, roots, or cuttings of cultivated black currants (Ribes nigrum) outside of designated fruiting districts, and any person wishing to plant, propagate, cultivate or sell plants, roots, or cuttings of any cultivated plants of the genus Ribes within designated white pine blister rust quarantine districts, must obtain written certification from the department that the cultivar(s) to be planted are immune or resistant to white pine blister rust disease. Such certification shall only apply to the cultivar(s) and location(s) listed on the certificate, and will be valid for the life of the planting unless revoked by the department. Persons seeking cultivar certification must submit application to the NYSDEC, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4253. Application for certification must include name, address and phone number of applicant; and name of cultivar(s) proposed for certification and locations to be planted.

(b) Grounds for certification. The department shall respond to all cultivar certification applications within 60 days or less from the receipt of a complete application. In reviewing applications for cultivar certification, the department shall take into consideration relevant peer- reviewed scientific literature, the advice of expert plant pathologists and geneticists, and any topographic or climatic factors that would influence the epidemiology of white pine blister rust disease.

(c) Revocation of certification. The department reserves the right to revoke any certification if the plants so certified become visibly infected by white pine blister rust disease, or if it finds clear scientific evidence that the plant(s) or cultivar(s) in question pose a serious threat to the health of forests.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 192.2