Department of Agriculture and Markets

Pursuant to Section 207 of the State Administrative Procedure Act, notice is hereby provided of the following rules which the Department of Agriculture and Markets intends to review in 2012. Public comment on the continuation or modification of these regulations will be accepted until April 16, 2012. All Section and Part references are to Title 1 of the New York Code of Rules and Regulations.

Regulations adopted in 2002

Section Control of the Asian Long Horned Beetle.

139.2 Statutory authority: Agriculture and Markets Law sections 18, 164 and 167.

The continuation of this regulation is necessary to preserve the Asian Long Horned Beetle quarantine in certain areas of Brooklyn, Queens and Manhattan, New York. The quarantine area has been repeatedly adjusted in an effort to control the spread of the beetle, most recently in 2011.

Part 351 Animal Health Requirements for Admission to Fairs.

Statutory Authority: Agriculture and Markets Law sections 18, 31-b, 72, 74, and 287.

The continuation of this regulation is necessary to maintain health certification requirements for animals exhibited at fairs. Livestock exhibitions at fairs have the potential to facilitate the spread of communicable or infectious diseases among the domestic animal population of the state. The public is also exposed directly to these animals during the exhibitions, increasing the risk of transmission of certain diseases from animals to humans. The regulation was amended in 2007 and 2009 to make technical changes.

Regulations adopted in 2007

Part 68 Captive Cervid Health Requirements.

Statutory Authority: Agriculture and Markets sections 18(6), 72, and 74.

The continuation of this regulation is necessary to prevent further introduction of chronic wasting disease (CWD) into New York State and to permit detection and control if the disease were to arise in the State's captive cervid population. The rule establishes health requirements for captive cervids, including those susceptible to CWD; certified and monitored CWD herd programs; and slaughter procedures.

Part 363 State Aid to Soil and Water Conservation Districts.

Statutory Authority: Soil and Water Conservation Districts Law sections 4 and 11-a.

The continuation of this regulation is necessary to provide a mechanism for the distribution of state financial aid to county soil and water conservation districts in conformance with Soil and Water Conservation Districts Law section 11-a.

Comments should be addressed to: Diane B. Smith, Department of Agriculture and Markets, 10B Airline Dr., Albany, NY 12235, (518) 457-6468, e-mail: diane.smith@agriculture.ny.gov, or Ruth A. Moore, Counsel, 10B Airline Dr., Albany, NY 12235, (518) 457-6468