ยง 164. Control and eradication of injurious insects, noxious weeds,
and plant diseases. 1. The commissioner shall take such action as he
may deem necessary to control or eradicate any injurious insects,
noxious weeds, or plant diseases existing within the state.
2. All trees, shrubs, plants and vines or other material, including
soil infected or infested with injurious insects or plant diseases, or
which have been exposed to injurious insects or plant diseases, or which
are hosts of such insects or plant diseases or other material including
soil, and noxious weeds are hereby declared public nuisances and may be
destroyed or ordered destroyed by the commissioner.
3. The commissioner may order the owner or person in charge of any
infected or infested trees, shrubs, plants and vines or other material
including soil or host plants, and noxious weeds or the owner or person
in charge of the farm or premises upon which they have been grown or on
which they exist or in which they have been stored, or of the vehicles
or cars in which they have been conveyed, to take such measures to
eradicate or control the said infestation, infection, or noxious weeds
as the commissioner may deem necessary or proper. Such orders may be
communicated by personal service, service through the mails, or by
newspaper publication, as the commissioner deems expedient. Such owner
or person in charge shall promptly carry out the order of the
commissioner within the period of time designated in the order. If such
owner or person in charge shall refuse or neglect to carry out any such
order, the commissioner may apply such eradication or control measures
at the expense of the owner. Upon the completion of such eradication or
control measures the owner shall, upon demand of the commissioner,
forthwith pay the cost thereof into the state treasury, and upon his
neglect or refusal so to do, the amount thereof shall be recovered in a
civil action to be brought and prosecuted by the attorney-general in the
name of the people of the state.
Structure New York Laws
162 - Nursery Stock; Common Carriers.
163 - Prevention of Introduction of Injurious Insects, Noxious Weeds, and Plant Diseases.
163-C - Revocation of Certificates.
164 - Control and Eradication of Injurious Insects, Noxious Weeds, and Plant Diseases.
164-A - Shipment of Live Pests.
165 - Damages for Property Destroyed.
166 - Examination and Certification of Nurseries and Nursery Stock.
167 - Access to Premises; Quarantines; Rules and Regulations.
168 - Sale of Fruit-Bearing Trees and Grapevines; Labels; Damages.
169 - Delegation of Powers and Immunities in Regard to Dutch Elm Disease in Municipalities.