Section 167. Access to premises; quarantines; rules and regulations  


Latest version.
  • 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.
        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.