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New York · Through 2026-09-11

N.Y. Agriculture & Markets Law § 161: Definitions

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Where this section sits in the code
  1. Agriculture & Markets Law
  2. Article 14. Prevention and Control of Disease In Trees and Plants; Insect Pests; Sale of Fruit-bearing Trees

§ 161. Definitions. As used in this article:

1. The words "nursery stock" shall apply to and include all trees,

shrubs, plants and vines and parts thereof.

2. The words "insect pests" mean insects injurious to plant and plant

products.

3. The words "plant and plant products" mean trees, shrubs, vines,

annuals, biennials, perennials, vegetables, fruit, forage and cereal

plants and all other plant cuttings, grafts, scions, buds and all other

parts of plants, and fruit, vegetables, roots, bulbs, seeds, wood and

lumber.

4. The words "plant diseases" mean fungi, bacteria, nematodes, viruses

and plant parasites injurious to plants and plant products, and the

pathological condition in plants and plant products caused by fungi,

bacteria, nematodes, viruses and plant parasites.

5. The word "nursery" means the grounds and premises, private or

public, on or in which nursery stock is propagated, grown or cultivated

for the purpose of distribution or selling the same as a business and

shall include grounds or premises owned, leased or managed by the state

or any agency of the state government, and the owner or operator of such

business shall be a "nursery grower"; provided, however, that 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.

6. The words "nursery dealer" mean any person, firm, partnership,

association or corporation not a grower or an original producer of

nursery stock in this state which or who buys, or acquires, or receives

on consignment nursery stock for the purpose of reselling, transporting,

or otherwise disposing of the same.

7. The word "soil" means the commonly accepted medium or other medium

in which plants are grown and which is or may be capable of harboring or

transmitting insect pests and plant diseases.

8. The words "indoor plants" mean plants which are used for decorative

purposes because of their flowering, fruiting or foliar characteristics

and which cannot be grown and maintained throughout all seasons in the

outdoor environment of this state.

9. The words "noxious weeds" means any living stage (including but not

limited to, seeds and reproductive parts) of any parasitic or other

plant of a kind, or subdivision of a kind, which is of foreign origin,

is new to or not widely prevalent in this state, and can directly or

indirectly injure crops, other useful plants, livestock, or poultry or

other interests of agriculture, including irrigation.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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