N.Y. Agriculture & Markets Law § 163: Prevention of introduction of injurious insects, noxious weeds, and plant diseases

§ 163. Prevention of introduction of injurious insects, noxious weeds,

and plant diseases. 1. The commissioner shall take such action as he

may deem necessary to prevent the introduction into this state of

injurious insects, noxious weeds, and plant diseases, provided that he

shall consult with the commissioner of environmental conservation prior

to the commencement of any action to eradicate noxious weeds.

2. All nursery stock shipped into this state shall bear or carry on

the container thereof an unexpired certificate, or copy thereof, to the

effect that (a) the contents of such container have been inspected by a

duly authorized official and that the contents appear to be free from

all injurious insects or plant diseases, or (b) that the nursery stock

of the grower of such contents had been examined by a duly authorized

official and had been found to be apparently free from all injurious

insects or plant diseases. Such certificate shall be the certificate of

the chief horticultural inspector, by whatever name known, of the

country, province or state in which such shipment originated. There

shall be shown in the certificate or by a separate tag attached thereto

the name and address of the consignor or shipper, the name and address

of the consignee or person to whom the nursery stock is shipped, and the

general nature of the contents together with labels upon each variety of

nursery stock declaring the name thereof and a statement by the

consignor or shipper that such nursery stock is in a live and vigorous

condition.

3. Any person within the state receiving nursery stock from without

the state not accompanied by the certificate described in subdivision

two of this section, shall immediately notify the commissioner of the

receipt of such nursery stock and shall not unpack the same unless

permitted by the commissioner so to do, and shall not allow such nursery

stock to leave his possession until it has been inspected and released

by the commissioner.

4. It shall be unlawful for any person to offer for sale or to sell

dead nursery stock.