§ 167 — Access to premises; quarantines; rules and regulations

§ 167. Access to premises; quarantines; rules and regulations. 1. The\ncommissioner or his representatives shall have full access to all\npremises, places, farms, buildings, vehicles, airplanes, vessels and\ncars for the purpose of enforcing the provisions of this article. The\ncommissioner or his representatives may examine trees, shrubs, plants\nand vines, soil, or host plants or any other material which are infested\nor infected or susceptible to infestation or infection by injurious\ninsects or plant diseases, or contaminated by noxious weed. He or they\nmay open any package or other container, the contents of which may have\nbeen so infested or infected or contaminated with noxious weed or which\nhave been exposed to such infestation, infection or contamination. It\nshall be unlawful to hinder or defeat such access or examination by\nmisrepresentation, concealment of facts or conditions, or otherwise.\n 2. The commissioner is hereby authorized to make, issue, promulgate\nand enforce such orders, by way of quarantines or otherwise, as he may\ndeem necessary or fitting to carry out the purposes of this article.\n 3. The commissioner may adopt and promulgate such rules and\nregulations to supplement and give full effect to the provisions of this\narticle as he may deem necessary including, but not limited to, the\ndesignation of any plant as a noxious weed.\n 3-a. The department, in cooperation with the department of\nenvironmental conservation shall restrict the sale, purchase,\npossession, propagation, introduction, importation, transport and\ndisposal of invasive species pursuant to section 9-1709 of the\nenvironmental conservation law.\n 4. Non-resident nursery growers or dealers, or other persons, firms,\npartnerships, associations or corporations desiring to solicit orders\nfor nursery stock in this state shall upon filing a certified copy of\ntheir valid state certificate or registration with the commissioner, pay\nto the commissioner an annual fee of twenty-five dollars.\nNotwithstanding such filing and fee requirements, the commissioner may\nenter into reciprocal agreements with the responsible officers of other\nstates, under which agreements the commissioner may accept such other\nstates' certified directories of persons, firms, associations and\ncorporations registered to sell nursery stock, in lieu of requiring the\nfiling of certified copies of individual registrations by the nursery\ngrowers of such states and under which nursery stock owned or handled by\nnursery growers of such states may be sold or delivered in this state\nwithout the payment of a New York non-resident fee, provided like\nprivileges are accorded to New York nursery growers in such other\nstates. Upon satisfying the commissioner of such registration in another\nstate and upon payment of the non-resident fee or the waiver of such fee\nas provided in this section, such person, firm, partnership, association\nor corporation shall be authorized to solicit orders for nursery stock\nin this state.\n