N.Y. Comp. Codes R. & Regs. tit. 1 § 150.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 150.3 - Plantings

Responsibility of registration holder.

(a) Location of plantings. Each planting shall be located within the State of New York, in an area where contamination by soil-borne viruses of concern is not likely to occur, and previously approved by the Department. Each planting shall be located at a required distance sufficiently isolated from blocks that are of a different generation level to prevent or minimize infection or reinfection of viruses of concern. Generation 1, Generation 2, Generation 3, and certified plant material may only be grown in a block that has been previously registered with the Department.

(b) Treatment of planting areas. The Department may require treatment with an approved nematicide pursuant to any applicable state and federal pesticide registrations in each of the following planting areas to control nematodes of concern.

(1) Generation 1 (G1) block. The registration holder shall treat soil in a G1 block using a manner approved by the Department before planting virus-tested plant material.

(2) Generation 2 (G2) block. The registration holder shall survey soil in a G2 block for the presence of soil-borne pests including nematodes which transmit viruses of concern and, if detected, treat in a manner approved by the Department before planting of virus-tested plant material.

(3) Generation 3 (G3) block. The registration holder shall survey soil in a Generation 3 (G3) block for the presence of soil-borne pests including nematodes which transmit viruses of concern and, if detected, treat in a manner approved by the Department before the planting of plant material.

(4) Certified block. The registration holder shall, if required by the Department, survey soil in a certified block for the presence of soil-borne pests including nematodes which transmit viruses of concern and, if detected, treat in a manner approved by the Department before the planting of plant material.

(c) Eligibility for plantings.

(1) Generation 1 (G1) block. Planting in a Generation 1 (G1) block shall be permitted, if the registration holder provides evidence satisfactory to the Department that plant material to be planted within the block has been tested in a manner approved by the Department, and is free from viruses of concern.

(2) Generation 2 (G2) block. Planting in a Generation 2 (G2) block shall be permitted, if the registration holder provides evidence satisfactory to the Department that plant material to be planted within the block originate from either: a Generation 1 (G1) block approved by the Department; a New York State Generation 2 (G2) block; from a Generation 2 block grown outside of New York State approved by the Department; or shall have an equivalent known history approved by the Department. The Department, in its sole discretion, may allow plants to be considered Generation 2 (G2), and planted into Generation 2 (G2) blocks based on testing for known viruses of concern.

(3) Generation 3 (G3) block. Planting in a Generation 3 (G3) block shall be permitted if the registration holder provides evidence satisfactory to the Department that plant material to be planted within the block originate from either: a New York State Generation 2 (G2) block; from a Generation 3 block grown outside of New York State approved by the Department; or shall have an equivalent known history approved by the Department. The Department, in its sole discretion, may allow plants to be considered Generation 3 (G3), and planted into Generation 3 (G3) blocks based on testing for known viruses of concern as determined by the Department.

(4) Certified block. Planting in a certified block shall be permitted, if the registration holder provides evidence satisfactory to the Department that source plants originate from either: a New York State Generation 2 (G2) block; a New York State Generation 3 (G3) block; a Generation 2 (G2) or Generation 3 (G3) block grown outside New York, and approved by the Department.

(d) Maintenance of plantings. A registration holder shall:

(1) ensure plants are kept in a vigorous growing condition; and

(2) keep pests within accepted management levels as determined by the Department; and

(3) take precautions when cultivating, irrigating, moving, using equipment, and/or other farming practices to guard against spread of soil-borne pests, and other hemipteran insect vectors to or within registered blocks; and

(4) remove plants from registered blocks which have been determined to be off-type, as determined by the Department, and submitted application; and

(5) ensure that plant materials are stored, heeled-in, and/or calloused in media, beds or storage areas in such manner as to maintain their identification, and to prevent exposure to vectors and viruses.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 150.3

Adopted New York State Register September 7, 2022/Volume XLIV, Issue 36, eff. 9/7/2022