N.Y. Agriculture & Markets Law § 167: Access to premises; quarantines; rules and regulations

§ 167. Access to premises; quarantines; rules and regulations. 1. The

commissioner or his representatives shall have full access to all

premises, places, farms, buildings, vehicles, airplanes, vessels and

cars for the purpose of enforcing the provisions of this article. The

commissioner or his representatives may examine trees, shrubs, plants

and vines, soil, or host plants or any other material which are infested

or infected or susceptible to infestation or infection by injurious

insects or plant diseases, or contaminated by noxious weed. He or they

may open any package or other container, the contents of which may have

been so infested or infected or contaminated with noxious weed or which

have been exposed to such infestation, infection or contamination. It

shall be unlawful to hinder or defeat such access or examination by

misrepresentation, concealment of facts or conditions, or otherwise.

2. The commissioner is hereby authorized to make, issue, promulgate

and enforce such orders, by way of quarantines or otherwise, as he may

deem necessary or fitting to carry out the purposes of this article.

3. The commissioner may adopt and promulgate such rules and

regulations to supplement and give full effect to the provisions of this

article as he may deem necessary including, but not limited to, the

designation of any plant as a noxious weed.

3-a. The department, in cooperation with the department of

environmental conservation shall restrict the sale, purchase,

possession, propagation, introduction, importation, transport and

disposal of invasive species pursuant to section 9-1709 of the

environmental conservation law.

4. Non-resident nursery growers or dealers, or other persons, firms,

partnerships, associations or corporations desiring to solicit orders

for nursery stock in this state shall upon filing a certified copy of

their valid state certificate or registration with the commissioner, pay

to the commissioner an annual fee of twenty-five dollars.

Notwithstanding such filing and fee requirements, the commissioner may

enter into reciprocal agreements with the responsible officers of other

states, under which agreements the commissioner may accept such other

states' certified directories of persons, firms, associations and

corporations registered to sell nursery stock, in lieu of requiring the

filing of certified copies of individual registrations by the nursery

growers of such states and under which nursery stock owned or handled by

nursery growers of such states may be sold or delivered in this state

without the payment of a New York non-resident fee, provided like

privileges are accorded to New York nursery growers in such other

states. Upon satisfying the commissioner of such registration in another

state and upon payment of the non-resident fee or the waiver of such fee

as provided in this section, such person, firm, partnership, association

or corporation shall be authorized to solicit orders for nursery stock

in this state.