N.Y. Comp. Codes R. & Regs. tit. 1 § 140.1

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

Section 140.1 - Definitions

For the purpose of this Part, the following words, names and terms shall be construed, respectively, to mean:

(a) Certificate means a certificate issued or authorized to be issued by the commissioner, certifying the eligibility of products for intrastate movement under the requirements of this Part.

(b) Commissioner means the Commissioner of Agriculture and Markets of the State of New York and any officer or employee of the New York State Department of Agriculture and Markets or the United States Department of Agriculture duly delegated pursuant to section 17 of the Agriculture and Markets Law.

(c) Compliance agreement means an agreement approved by the commissioner and executed by persons or firms, covering the restricted movement, processing, handling or utilization of regulated articles not eligible for certification for intrastate movement.

(d) Infection means the presence of plum pox virus.

(e) Inspector means an inspector of the New York State Department of Agriculture and Markets, or representatives of the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS), when authorized to act in that capacity.

(f) Limited permit means a permit issued by the commissioner for the planting of regulated articles in the nursery stock regulated area for the restricted movement of regulated articles from a regulated area to a specified destination for specified processing, handling or utilization.

(g) Moved and movement means shipped, offered for shipment to a common carrier received for transportation or transported by a common carrier, or carried, transported, moved or allowed to be moved from the regulated area.

(h) Nursery dealer means any person, firm, partnership, association or corporation which or who is not a nursery grower or an original producer of nursery stock in the State and which or who buys, or acquires, or receives on consignment nursery stock for the purpose of reselling, transporting, or otherwise disposing of same.

(i) Nursery grower means the owner or operator of the grounds or premises, private or public, on or which nursery stock is propagated, grown or cultivated for the purpose of distribution or selling the same as a business. The term nursery grower shall not include persons engaged in the part-time production of plant products not sold in the regular channels of business.

(j) Nursery stock means all trees, shrubs, plants and vines and parts thereof.

(k) Nursery stock regulated area means any town a portion of which is within 11 and one-half kilometers of any location where the plum pox virus has been detected within the preceding six years.

(l) Plum pox virus means the plum pox potyvirus Dideron strain, which is a pathogen affecting susceptible Prunus species.

(m) Quarantined area means the area designated as quarantined by this Part.

(n) Regulated area means an area designated as regulated pursuant to this Part due to the presence of plum pox virus in that area.

(o) Regulated articles means plant and plant materials, including trees, seedlings, root stock, budwood, branches, scion, twigs and leaves of the following varieties of the Prunus species:

(1) Fruit-bearing and ornamental varieties including all cultivars of:

Scientific Name	Common Name
Prunus americana	American plum and wild plum
Prunus armeniaca	Apricot
Prunus cerasifera	Myrobalan plum/Cherry plum
Prunus domestica	European plum and Common Plum
Prunus dulcis	Sweet Almond
Prunus persica	Peach and Flowering Peach
Prunus persica var. nucipersica	Nectarine
Prunus salicina	Japanese Plum

(2) Ornamental varieties including all cultivars of:

Scientific Name	Common Name
Prunus cerasifera	Purple Leaf Plum
Prunus x cistena	Purple Leaf Sand Cherry
Prunus glandulosa	Flowering Almond
Prunus persica	Flowering Peach & Purple Leaf Peach
Prunus pumila	Sand Cherry and Western Sand Cherry
Prunus spinosa	Black Thorn and Sloe
Prunus serrulata	Japanese Flowering Cherry & Kwanzan Cherry
Prunus tomentosa	Nanking Cherry & Hansen's Bush Cherry
Prunus triloba	Flowering Plum

(3) For the purposes of this Part, the following varieties of the Prunus species are not regulated articles: Prunus avium; Prunus cerasus; Prunus laurocerasus; Prunus mahaleb; Prunus padus; Prunus sargentii; Prunus serotina; Prunus serrula; Prunus subhirtella; Prunus yedoensis; and Prunus virginiana.

(4) For the purposes of this Part, seeds and fruit that are free of leaves of all varieties of the Prunus species are not regulated articles.

(p) State means the State of New York.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 140.1

Amended New York State Register July 20, 2016/Volume XXXVIII, Issue 29, eff. 7/20/2016