Exotic species in Ag and Markets Law

Quick reference
— §163. Prevention of introduction of injurious insects, noxious weeds, and plant diseases.
— §148. Establishment of integrated pest management program.
— §148-b. Livestock/forage pest management.

§163. Prevention of introduction of injurious insects, noxious weeds, and plant diseases.

  1. The commissioner shall take such action as he may deem necessary to prevent the introduction into this state of injurious insects, noxious weeds, and plant diseases, provided that he shall consult with the commissioner of environmental
  2. conservation prior to the commencement of any action to eradicate noxious weeds.

  3. All nursery stock shipped into this state shall bear or carry on the container thereof an unexpired certificate, or copy thereof, to the effect that

  4. (a) the contents of such container have been inspected by a duly authorized official and that the contents appear to be free from all injurious insects or plant diseases, or
    (b) that the nursery stock of the grower of such contents had been examined by a duly authorized official and had been found to be apparently free from all injurious insects or plant diseases.

    Such certificate shall be the certificate of the chief horticultural inspector, by whatever name known, of the country, province or state in which such shipment originated. There shall be shown in the certificate or by a separate tag attached thereto the name and address of the consignor or shipper, the name and address of the consignee or person to whom the nursery stock is shipped, and the general nature of the contents together with labels upon each variety of nursery stock declaring the name thereof and a statement by the consignor or shipper that such nursery stock is in a live and vigorous condition.

  5. Any person within the state receiving nursery stock from without the state not accompanied by the certificate described in subdivision two of this section, shall immediately notify the commissioner of the receipt of such nursery stock and shall
  6. not unpack the same unless permitted by the commissioner so to do, and shall not allow such nursery stock to leave his possession until it has been inspected and released by the commissioner.

  7. It shall be unlawful for any person to offer for sale or to sell dead nursery stock.

§148. Establishment of integrated pest management program.

  1. There is hereby established an integrated pest management program for the purposes of managing insects, diseases, nematodes, weeds and rodents. Such program shall include, but not be limited to programs of instruction, research and development,
  2. the purpose of which is to educate the agricultural community and integrate programs of:
    a. crop management and cultural practices;
    b. field scouting;
    c. economic threshold; and
    d. chemical and biological control.

  3. Such programs shall be developed and conducted in such a manner to encourage:

  4. a. expanded research on biological and cultural pest management technologies, crop and pest resistance technologies;
    b. use of sampling methods, economic thresholds, monitoring technology, pest forecasting, and the effects of weather on pest and crop parameters;
    c. development of computer programs and computerized information systems for farmers and extension agents;
    d. delivery of current and new integrated pest management technology to the agricultural industry through cooperative extension;
    e. minimized levels of pesticides in feed, food and the environment; and
    f. minimized economic losses due to crop, animal and stored grain pests.

  • Such program shall identify and make application for all possible funding sources in addition to those offered by the state.
  • §148-b. Livestock/forage pest management.

    Within the integrated pest management program there shall be established a livestock/forage pest management program. Such program shall be conducted in such a manner to achieve the following objectives:

    1. develop systematic insect, disease and weed pest management strategies for use on New York livestock and cash grain farms which integrate management tactics into environmentally compatible and economically sound systems to be used by producers,
    2. extension personnel and private enterprise;

    3. obtain information regarding crop, animal and stored grain pest occurrence and severity, pesticide usage, other pest management strategies used, effective pest monitoring techniques and scouting intervals, and the effectiveness of the producer`s
    4. current pest control practices;

    5. determine the most effective, low-cost methods and organizational structures for delivering integrated pest management systems to individual farming operations; and
    6. utilize the program that is designed to satisfy the objectives as provided for in subdivisions one, two and three of this section as a training mechanism for individuals at all levels of operation.