N.Y. Comp. Codes R. & Regs. tit. 1 § 128.6

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

Section 128.6 - Conditions governing limited permits and certificates of inspection for movement of regulated articles out of the quarantine area

(a)Limited permits.

An inspector or an authorized holder of a compliance agreement may issue a limited permit for the movement of a regulated article out of the quarantine area, provided that the regulated article meets the following requirements.

(1) Limited permits for regulated articles intended to be sold without further processing. Limited permits for regulated articles that are intended for sale without further processing outside the quarantine area may be issued, provided that each following conditions are met:

(i) the regulated articles are grown under the systems approach, as outlined in the applicable compliance agreement consisting of certified sprays of pesticide from the materials listed in the compliance agreement, issued annually by the department; and

(ii) shall not be moved to Columbia and Ulster counties in New York, which are prohibited for such movement, under the systems approach and as listed in the compliance agreement; and

(iii) the regulated article was inspected utilizing float test or other means authorized by the department and specified in any applicable compliance agreement and was determined to be free of ECFF larvae by the authorized holder of the compliance agreement or an inspector.

(2) Limited permits for regulated articles intended to be sold or transferred to a processing facility. Processing facilities located outside the quarantine area may accept a regulated article originating from the quarantine area, provided the following conditions are met:

(i) the regulated article is accompanied by a valid limited permit or certificate of inspection; and

(ii) such processing facility has been approved for such activity as an authorized holder of a compliance agreement.

(3) An inspector or authorized holder of a compliance agreement may issue additional limited permits pursuant to the terms of a compliance agreement, or may authorize, in writing, the reproduction of an issued limited permit in order to be placed on shipping containers, as requested by an authorized holder of a compliance agreement. Such limited permits may be completed and used, as needed, for the movement of a regulated article out of the quarantine area, provided such articles have met all requirements of this Part.

(4) All issued limited permits shall accompany the corresponding shipment of any regulated article leaving the quarantine area as specified in section 128.9 of this Part.

(5) Renumbered.

(6) Repealed.

(b)Certificates of inspection.

(1) An inspector or an authorized holder of a compliance agreement may issue a certificate of inspection permitting the intrastate movement of a regulated article, provided such article has been duly inspected and determined to be:

(i) inspected using the float test specified in any applicable compliance agreement and has been determined by the authorized holder of the compliance agreement or an inspector to be free of ECFF larvae;

(ii) treated, fumigated or processed by methods which render ECFF non-viable, which have been approved by the department, or outlined in the compliance agreement; or

(iii) grown, produced, manufactured, stored or handled in such manner that, in the judgment of the inspector, transmission of infestation would be controlled or limited, provided that, subsequent to the issuance of a certificate of inspection, such regulated article shall be loaded, handled, and shipped under such protection and safeguards against ECFF infestation, as established by an inspector or otherwise established by the department.

(2) An inspector or authorized holder of a compliance agreement may issue additional certificates of inspection, pursuant to the terms of a compliance agreement, or may authorize, in writing, the reproduction of an issued certificate of inspection in order to be placed on shipping containers, as requested by a person operating under a compliance agreement. Such certificates of inspection may then be completed and utilized as needed, for the movement of a regulated article to points outside the quarantine area, provided such regulated article otherwise meets all requirements of this Part.

(3) All issued certificates of inspection shall accompany the corresponding shipment of any regulated article leaving the quarantine area as specified in section 128.9 of this Part.

(4) Any certificate of inspection may be cancelled by the department or an inspector, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the certificate of inspection has not complied with this Part or the conditions imposed by a compliance agreement. The cancellation shall take effect immediately upon providing oral notice or the delivery of the written notice, whichever occurs first. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing at a date no later than three days after such oral cancellation. The cancellation of the certificate of inspection shall be deemed final unless within seven days from the date of cancellation, the department receives notice from an authorized holder in writing of its intention for a proceeding to review such action.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 128.6

Adopted New York State Register January 8, 2020/Volume XLII, Issue 01, eff. 1/8/2020

Amended New York State Register August 25, 2021/Volume XLIII, Issue 34, eff. 8/25/2021

Amended New York State Register August 21, 2024/Volume XLVI, Issue 34, eff. 8/21/2024