N.Y. Agriculture & Markets Law § 164-a: Shipment of live pests

§ 164-a. Shipment of live pests. No person, shall sell, barter, offer

for sale, or move, transport, deliver, ship, or offer for shipment, into

or within this state any living insects in any state of their

development, or noxious weeds, living fungi, bacteria, nematodes,

viruses or other living plant parasitic organisms without first

obtaining a permit from the commissioner. Such permit shall be issued

only after the commissioner has determined that the insects, noxious

weeds or living bacteria, fungi, nematodes, viruses or other plant

parasitic organisms in question are not injurious to plants or plant

products, if not already present in the state, or have not been found to

be seriously injurious to warrant their being refused entrance or

movement, if known to be already established within the borders of the

state; provided, that the commissioner may at his discretion exempt the

sale and transportation of specific insects, noxious weeds, fungi,

bacteria, and other plant parasitic organisms from the provisions of

this section if such sale and transportation is not considered harmful

to the health and welfare of the people of the state, or for scientific

purposes under specified safeguards determined by the commissioner.