N.Y. Agriculture & Markets Law § 166: Examination and certification of nurseries and nursery stock

§ 166. Examination and certification of nurseries and nursery stock.

1. The commissioner shall, as often as he or she deems necessary and no

less than once every two years, inspect all nurseries or places where

nursery stock is grown for sale. If upon examination it is found that

such nursery stock is apparently free from injurious insects and plant

diseases, the commissioner shall issue to the owner of the nursery stock

a certificate to the effect that the stock so examined is apparently

free from all injurious insects and plant diseases. Such certificate

shall be valid for the period of time designated by the commissioner at

the time of issuance, unless sooner revoked by the commissioner for

cause. If injurious insects or plant diseases are found therein, the

owner or person in charge thereof shall promptly take such measures to

eradicate the same as the commissioner shall prescribe, and no

certificate of freedom from disease shall be given until the

commissioner has satisfied himself or herself, by subsequent inspection,

that all such injurious insects or diseases have been eradicated.

2. Owners of nurseries or places where nursery stock is grown for sale

who do not hold unexpired and unrevoked certificates of inspection and

freedom from disease, as defined in subdivision one of this section,

shall not sell or otherwise dispose of such nursery stock.

3. Dealers in nursery stock who buy nursery stock from nursery growers

to whom certificates of inspection and freedom from disease have been

issued as provided by subdivision one of this section, may be granted by

the commissioner certificates of inspection and freedom from injurious

insects and plant diseases in respect to the stock so purchased, upon

complying with the regulations adopted by the commissioner in relation

thereto.

4. All nursery stock consigned for shipment from any point within this

state or shipped by common carrier or other means from any point within

this state, shall bear or carry on the container thereof a printed copy

of the certificate issued as provided in subdivision one of this

section. No nursery stock shall be sold or shipped under such a

certificate which has not been produced in the nursery in respect to

which such certificate was issued, unless and until such nursery stock

shall have been found by the commissioner, by examination or otherwise,

to be apparently free from injurious insects and plant diseases.

* 5. In cooperation with the department of environmental conservation,

the department shall:

a. establish standards for designation of native plants in New York in

consultation with recognized certification organizations, academics,

nursery growers, and nursery dealers;

b. develop a list of native plants that shall indicate and

differentiate native plants that are: (i) non-invasive herbaceous and

woody plant species that are indigenous to New York state and are likely

to maintain their range or successfully adapt to anticipated climate

changes in New York state and the northeastern United States; and (ii)

native, non-invasive plants found elsewhere in the United States that

are likely to shift or expand their range into New York state and the

northeastern United States in response to anticipated climate change;

c. offer seals or logos identifying native plants as grown in New York

state and marketed by nursery growers and nursery dealers registered

pursuant to this article; and

d. provide educational materials promoting awareness and understanding

of the benefits of native plants under the New York native plant

designation to horticultural producers, garden centers, consumers,

educational institutions, Cornell cooperative extension, and relevant

agricultural organizations.

* NB Effective December 19, 2026

* 6. For the purposes of this section, "native plants" shall mean:

a. non-invasive herbaceous and woody plant species that are indigenous

to New York state and are likely to maintain their range or successfully

adapt to anticipated climate changes in New York state and the

northeastern United States;

b. germinating seeds, or other plant parts, used to propagate

desirable native plants representing a wide variety of species and

genotypes of plants; and

c. native, non-invasive plants found elsewhere in the United States

that are likely to shift or expand their range into New York state and

the northeastern United States in response to anticipated climate

change.

* NB Effective December 19, 2026