33-1101 - Petition for Protection of a Grape Growing Area.

NY Env Cons L § 33-1101 (2019) (N/A)
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1. The requirements for a petition for protection of a grape growing area are as follows:

a. The petition must be in a form prescribed by the commissioner;

b. The petition must be signed by ten or more grape growers in the same or contiguous towns in the state;

c. The petition must allege that the use of 2,4-D (2,4 Dichlorophenoxyacetic acid), 2,4-5-T (Trichlorophenoxyacetic acid) or MCP (2 Methyl, 4 Chlorophenoxyacetic acid) in proximity to grape vineyards or crops of grapes described in the petition has proved harmful to the development of grapevines or the grape crop in the affected area in the same or any prior year; and

d. The petition must request that the use of such chemical substances be prohibited or restricted within the affected area.

2. In counting the required number of petitioners, joint tenants or tenants by the entireties shall be counted as one signer.

3. The commissioner shall ascertain whether at least ten of the signers of the petition are grape growers and owners of grape vineyards within the affected area.