Section 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.