N.Y. Comp. Codes R. & Regs. tit. 1 § 127.5

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

Section 127.5 - Restrictions

(a) In the quarantined areas.

(1) Except for foreign shipments (not including Canada and Mexico), all potatoes moved from a quarantined area outside a regulated area shall be packaged in paper bags or in other approved containers, or in a manner approved by the commissioner.

(2) No potato grading station shall be operated or maintained except in accordance with an agreement and under a permit.

(3) There shall be no movement of used farm equipment to points outside a quarantined area unless such equipment has been disinfected by a procedure prescribed by the commissioner and a permit issued.

(4) There shall be no movement of used construction equipment to points outside a quarantined area except under permit.

(5) No soil or sod shall move from a quarantined area except in accordance with an agreement and under a permit.

(b) In the regulated areas.

(1) No host crops or nonhost crops shall be grown, except on lands that:

(i) have received treatment as prescribed by the commissioner, the owner or operator may plant a variety of potato which is resistant to the golden nematode and which has been approved by the commissioner or he may plant a crop that is not a host to the golden nematode;

(ii) have not received a chemical treatment as prescribed by the commissioner, the owner or operator may plant a variety of potato which is resistant to the golden nematode and which has been approved by the commissioner or he may plant a crop that is not a host to the golden nematode and which has been approved by the commissioner; or

(iii) are regulated and have either previously received a chemical treatment, as prescribed by the commissioner, to control or eradicate the golden nematode or have been planted for two or more growing seasons with a variety of potato which is resistant to said golden nematode and the last planting was followed by an analysis of soil samples taken from these lands that showed no viable golden nematode cysts, the owner or operator may apply for, on a form provided by the commissioner, a waiver of crop restrictions contained in section 127.4(c) of this Part to enable him to enter these lands into a rotational planting system which is approved by the commissioner as one biologically designed to control and prevent the spread of the golden nematode.

(2) No potatoes or root crops shall be moved from a regulated area except in accordance with the regulations herein set forth and such other conditions as may be prescribed by the commissioner.

(3) Potatoes grown on lands or parts of land which became a part of a regulated area after planting:

(i) shall be packaged in paper bags or in other approved containers, shall be restricted in movement to approved locations, and shall move only under permit;

(ii) shall be washed in an approved washing plant under supervision of the commissioner, packaged in paper bags or in other approved containers, and shall move only under permit; or

(iii) shall be subjected to such procedure and safeguards as may be prescribed by the commissioner, and shall move only under permit.

(4) Vegetable root crops shall be thoroughly washed by an approved method before movement.

(5) There shall be no movement of ornamental or vegetable plants, including nursery and greenhouse-grown plants, bulbs, corms and tubers, from a regulated area except in accordance with an agreement and under a permit.

(6) There shall be no movement of hay, straw or plant litter from a regulated area except in accordance with an agreement and under a permit.

(7) There shall be no movement from a regulated area of used farm or construction equipment unless such equipment has been disinfested by a procedure prescribed by the commissioner and a permit issued.

(8) No soil or sod shall move from a regulated area except in accordance with an agreement and under a permit.

(9) Owners of land in a regulated area who have been duly notified that land owned by them has been designated as all or part of a regulated area, pursuant to section 127.3 of this Part, shall not sell, lease or permit the temporary use of such land without giving notice to the commissioner of such sale, lease or permit, together with the name and mail address of such purchaser, lessee or temporary user. Nothing in this paragraph shall be construed to relieve such owner of the responsibility of advising a purchaser, lessee or temporary user of the designation of such land as land in a regulated area, pursuant to the aforementioned section 127.3 or of any other responsibility imposed pursuant to this Part.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 127.5