New York § 166 - 166Examination and certification of nurseries and nursery stock

§ 166. 166Examination and certification of nurseries and nursery stock

§ 166. Examination and certification of nurseries and nursery stock. 1. The commissioner shall, as often as he or she deems necessary and no less than once every two years, inspect all nurseries or places where nursery stock is grown for sale. If upon examination it is found that such nursery stock is apparently free from injurious insects and plant diseases, the commissioner shall issue to the owner of the nursery stock a certificate to the effect that the stock so examined is apparently free from all injurious insects and plant diseases. Such certificate shall be valid for the period of time designated by the commissioner at the time of issuance, unless sooner revoked by the commissioner for cause. If injurious insects or plant diseases are found therein, the owner or person in charge thereof shall promptly take such measures to eradicate the same as the commissioner shall prescribe, and no certificate of freedom from disease shall be given until the commissioner has satisfied himself or herself, by subsequent inspection, that all such injurious insects or diseases have been eradicated. 2. Owners of nurseries or places where nursery stock is grown for sale who do not hold unexpired and unrevoked certificates of inspection and freedom from disease, as defined in subdivision one of this section, shall not sell or otherwise dispose of such nursery stock. 3. Dealers in nursery stock who buy nursery stock from nursery growers to whom certificates of inspection and freedom from disease have been issued as provided by subdivision one of this section, may be granted by the commissioner certificates of inspection and freedom from injurious insects and plant diseases in respect to the stock so purchased, upon complying with the regulations adopted by the commissioner in relation thereto. 4. All nursery stock consigned for shipment from any point within this state or shipped by common carrier or other means from any point within this state, shall bear or carry on the container thereof a printed copy of the certificate issued as provided in subdivision one of this section. No nursery stock shall be sold or shipped under such a certificate which has not been produced in the nursery in respect to which such certificate was issued, unless and until such nursery stock shall have been found by the commissioner, by examination or otherwise, to be apparently free from injurious insects and plant diseases. * 5. In cooperation with the department of environmental conservation, the department shall: a. establish standards for designation of native plants in New York in consultation with recognized certification organizations, academics, nursery growers, and nursery dealers; b. develop a list of native plants that shall indicate and differentiate native plants that are: (i) non-invasive herbaceous and woody plant species that are indigenous to New York state and are likely to maintain their range or successfully adapt to anticipated climate changes in New York state and the northeastern United States; and (ii) native, non-invasive plants found elsewhere in the United States that are likely to shift or expand their range into New York state and the northeastern United States in response to anticipated climate change; c. offer seals or logos identifying native plants as grown in New York state and marketed by nursery growers and nursery dealers registered pursuant to this article; and d. provide educational materials promoting awareness and understanding of the benefits of native plants under the New York native plant designation to horticultural producers, garden centers, consumers, educational institutions, Cornell cooperative extension, and relevant agricultural organizations. * NB Effective December 19, 2026 * 6. For the purposes of this section, "native plants" shall mean: a. non-invasive herbaceous and woody plant species that are indigenous to New York state and are likely to maintain their range or successfully adapt to anticipated climate changes in New York state and the northeastern United States; b. germinating seeds, or other plant parts, used to propagate desirable native plants representing a wide variety of species and genotypes of plants; and c. native, non-invasive plants found elsewhere in the United States that are likely to shift or expand their range into New York state and the northeastern United States in response to anticipated climate change. * NB Effective December 19, 2026