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Legislation in connection with plant dis

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Legislation in Connection with Plant Diseases

by
H. I. Gussow

(Dominion Botanist, Dept. Agr. Ottawa, Canada)

Presented before the American vhytopathological
Society at Cleveland, Ohio

dom 2, 191s.

2

oo e xa

Ottawa, Jan. 16, 1913

Frof. H. H. Whetzel;
Cornell University, Ithaca, N.Y.

Dear Professor Whetzel. :

In answer to your request I have much
pleasure in sending you a copy of my paper on Legislation in
Conneetion with plant diseases. This paper as read before the
Cleveland méeting is substantially the same as one read for me at
one of the meetings of the International Horticultural Exhibition
held in‘ London during the past year and embodies the results of
my experience:.in this direction. I may add that the subject of
a national agreement to prevent the export of diseased vegetation
is being seriously considered by the various self-soverning
countries of the British Empire; if such an agreement takes
definite shape, it will be interesting to watch its working «nd
to see what possibilities it affords for an international appli-
cation of the same principle.

L am aleo sending you, under separate cover, a ropy of a
bulletin recently published by our Department of Agriculture
which gives a summary of all such legislation, Federal and
Provincial, at present in force in Canada, and which I truct
will be of interest. I possess, however, copies of very few
of the legislative acts of different countries and have to rely
chiefly on the Summaries and notes given in the Journal of the
Board of Agriculture (London, Eng.), the bulletin of the Inter~-
national Agricultural Institute (Rome), Hollrung's Jahresbericht
and Just's Jahresbericht, all of which are no doubt familiar to

Yue

Our inspection work in connection with potatoes is now
drawing to a close for this season, but I will try and procure a

quantity of tubers with Spongospora and have them disinfected and

Shipped to you.
With kind regards,
Believe me,
Yours faithfully,
(Signed) H. T. Gitissow.

Dominion Botanist

LESISLATION IN wll ACTION VITH FLAN’ PIShaAcae ae
By
H. @. Gitissow, Dominion Botanist,

Department of Agriculture, Ottawa, Canada.

Anyone whose duties have brought him into contact with the
important problem of protecting the agricultural, horticultural
and other economic crops of a country from destructive diseases,
particularly from fungous and bacterial plant diseases liable to
invade the country, must have fully recognized that he is indeed
confronted by one of the most perplexing problems - difficult, if
at all possible of solution.

This statement may be readily proved to be oorrect, partly
by the total absence in a number of countries of a legislative
measures directed against the spreading of plant diseases within
the country, and, partly by the inefficiency or impracticability
of systems that may be in force in other countries. The whole
adifficuhty is no doubt to a large extent due to the fact that,
hitherto, plant pathologists have made no attempt to carefully
devise and consider practical useful means by discussing the
value of the proposed legislation at national or international
conferences.

The question of legislative measures against the spread of
diseases of economic plants demanded consideration after the
serious and destructive nature of insects like the Grape~vine
Phylloxcra, the San José Secale and the Colorado Beetle was more
fully recognized, at first in countries where these pests existed,

to be followed by other countries by measures cirected mainly

against the invasion from such truly undesirable aliens. The

aes

very fact that legislative measures were considered expedient to
effectually control insect pests of this kind, really amounts to
a confession of ones ignorance of successfully controlling
diseases without more or less stringent compulsory efforts. The
oldest Pest acts we know of dealt exclusively with the control of
the insects mentioned.

Soon, however, it became evident that there existed equally
grave dangers to vegetation from other sources, viz., diseases of
economic plants due to fungi and bacteria. Michigan appears to

have been the first state to adopt legislative means to effect
the control of a plant disease ~ Peach Yellows. This state
passed in the year 1875 the so called Peach Yellows' Act.

With the progress of kncwledge, especially since it was dis-
covered that vegetation may be entirely freed from certain injurious
insects by fumigation or dipping, the number of Pest Acts was
steadily increased; other ccuntries following the same policy,
but mainly touching upon entomological problems. The uselessness
of similar means if applied to vegetation infested with fungus
diseases was immediately recognized. However, the knowledge
that these means were useless in the latter respect, and although
no. similar preventive means were known, yet within more recent
times many countries began to amend their Acts with the intention
of including the problems arising from the prominent nature of
certain communicable fungous diseases of plants. It might have
been foreseen that their somewhat hasty action would be liable to
result in failure in many instances. And after some experience

with the measures proposed against fungous diseases this mistake

was fully realized. This question requires careful study of the

special requirements. Indeed it became more and more evident from
the impracticability and inefficiency of such policies, that
efficient legislation against fungous diseases proves to be one of
the most difficult problems, the successful solution of which, let
it be understood in the beginning, is exclusively a matter of
national and international agreement. The great difficulty of
devising practical and protective policies is evidently due to

our jan expentenne in this direction, when suggesting means

likely to meet the special exigencies. The confidence that
matters would ultimately adjust themselves in the right way is
misplaced, at any rate in the mean time our faith in this respect
costs the Nations incalculable sums of money. One of the

greatest drawbacks to success in legislation directed against the
spread of fungous pests, is that practically all different diseases
call for different measures of control. It is almost impossible

to lay down hard and fast rules governing the control of diseases
of all kinds.

The only practical means to obtain results suiting this pur-
pose of legislation would be cooperation of experts engaged in
this kind of york assisted by farmers, gardeners, fruitgrowers,
produce importers .and representatives of any other industries
affected bv Such measnres. Quite recently, I understand,
measures dealing with legislation agairst fungous diseases were
introduced before the House of Representatives in the United
States with the result that nurserymen and others whose industries
it was the desire to protect, voted unanimously against the pro-
posal. Experience in enforcing many of the rules laid down in

existing Disease Acts has taught me that they do not meet with

~4e

the approval of many, while some of the rules, especially those
concerning prohibition of imports, are considered a boon to un-
scrupulous men who will immediately "corner the market".

It has been already stated that most of the Plant Disease
Acts or regulations thereunder were modelled on entomological lines,
or that amendments were simply incorporated in existing Insect
Pest Acts. The outcome of this practice has resulted in making
many provésions impracticable or impossible of enforcement, and
the laws remaindd a dead letter affording no protection whatever.
I may be allowed here to briefly refer to provisions generally
to be found in the Acts "in force" in the various countries.

Every country having cuch acts specifies more or less
definitely the special diseases against which it is deemed desir-
able to take action. Some countries specify "all diseases"
others again seek to guard against diseases like the Phytophthora
infestans and other common diseares. The next point is that the
legislation seeks to wover the control of diseases within a country's
own borders, but also incorporates regulations directed against
the importation of diseases from without.

In some instances we find provisions requiring certificates
issued by an official expert in the country of export to accompany
shipments of vegetation from certain countries stating that the
"imported stock” has been grown in districts or areas free from

the disease specified.

Further, we observe clauses directing that : Any shipment
shall be held in quarantine and not be admitted until its freedom
from "specified" diseases has been fully established.

In Other instances methods of treatment are devised to be

given to any shipment suspected of being infected with destructive

diseases.

The next point in common deals with inspection of all or
suspected shipments at the port of entry. Naturally, according
to size and requirements of the country, one Or more ports of
entry are necessary to deal with the often large consignments of
plants arriving.

In consequence of inspection ~ the detection of any disease
calls for "destruction™ “refused permission of entry" "return to
consigner™ and necessitates provisions for "granting" or "refusing"
compensation. Further, inactment setting forth "fine and in-
prisonment” on summary convietion for any person who contravenes
any of the regulations made under the Act, and so forth.

From a careful study of the "Acts" existing in a large number
of countries, there.is one conspicuous fact, viz., they are copied
one from the other, amended and improved with more or less success,
out with little signs of co-operation - if any at all ~ with other
countries, or even with the persons whose business it is to import
vegetation or produce of any kind.

In disevesing some of the more obviously impracticable pro-
visions regarding the control of fungous diseases under the ex-
isting enactments, I wish to confine my criticism almost entirely
to the safeguarding of a country's agricultural or horticultural
interests by preventing the importation of diseases from without
its borders.

The Acts specifying vaguely "all diseases" as being excluded
are practically impossible. No man with even slight experience
of the great difficulties connected with recognizing the symptoms

of fungous diseases, especially in their incipient stages, would

38s

for a moment consider this practicable. The detection of even

SO well known a disease as the common potato disease (Phytophthora)

may be easy in many instances, but if associated with Fusarium rot,
Bacteriosis, ete., is not practicable without microscopic research ~

a value of a
which is out of the question - and in many cases the total ,consign-
ment is not worth it. The recognition of bacterial diseases
necessitates time for incubation and diagnosis. It is another
practical impossibility.

As regards “certificates” accompanying shipments stating "the
freedom from disease” or "that the vegetation oneetaces a shipment
has been grown in localities for a certain radius known to be free
from diseases," it tas been my experience that while such certifi-
cates may be of some use, they are in many cases absolutely unre-
liable, because the official issuing them, though he himself may
be quite competent, which is often notthe case, cannot be Sane
that any samples submitted to him for examination truly represent
the "bulk" of the shipment. These certificates, though issued
with the best intentions, are generally based upon information
supplied by inspectors, some of whom are more reliable than
others, It is the practice of produce exporters to buy their:
supplies generally in more or less small lots, as, for instance,
with potatoes. These are collected at their warehouses, sorted ~
by which is often.meant that they are generously mixed, and then
Shipped in car-loads. Some few years ago it was my experience
to be asked to examine a sample of potatoes, the consSignor stating
"that they truly represented the bulk of shipment". On subsequent
legal proceedings it appeared that the potatoes submitted to me for

inspection - and pronounced free from disease ~ were forwarded after

a 2

this particular consignment had been at sea for days, and on arrival
in port of the importing country was condemned by the authorities
for being diseased; the sample, however, had been obtained else~
where. Unless such a certificate affords guaranty for the
inspection of the shipment to which it applies at the port of
exit, stating that the vegetable matter has becn found free from

disease and has been officially sealed in the ship or car, it
cannot practically serve its purpose. In addition, I question
again the possibility of certifying «ny kind of vegetation tobe
free from certain diseases. It has been my experience in Canada
to be able to certify when a shipment is diseased - but never the
contrary with an entirely free conscience.

This reference introduces the problem of “inspection at the
ports or ports of entry". The United States and Canada have bean
seriously threatened of late years by the introduction from Europe
of two very undecirable diseases, White Pine Blister Rust and
Potato Canker. In a bulletin recently published by the United
States Department of Agriculture, Division cof Forest Pathobogy, it
is stated: "Inspection cannot defect affected trees except those
which already have developed swellings or fruiting bodies. The
Blister Ruct vegetates in the bark tissues of pine for a number of
months before anyexternal signs of its presence are visible. ples
period of incubation is of uncertain length, but apparently varies
from about one year tO Several years. During this time no in-
spection, however, thorough, can detect the cisease."

It will be easily understood what the consequence to Canada
and the United States of America would be of the establishment

of this disease, which is correctly considered one of the most

a. s

destructive diseases of white pines and related forest trees. More-
over, the importations of such seedlings take place generally in
April when it is not possible to observe the conspicuous rust
pustules which do not aprear until June, wien the trees have

long since been distributed.

Now with regard to Potato Canker. This disease haé found its
way into Newfoundland in 1909 where I traced it to an importation
of potatoes from Scotland. In that country there have not been
in torce any measures preventing or controlling importations of
diseased vegetable matter. Hence Fotato Canker has become es-
tablished to a considerable extent. The Newfoundland Government

has now realized this danger, but too late.

In Canada, I regret to say, we have actually discovered this
disease in a considerable quantity of potatoes imported from England.
There has been a deploratie shortage in the potato crop of 1911
which necessitated the importation of large supplies of this staple
food, and thanks to careful investigation we are forewarned of this
great danger.

After personally inspecting a car-load of potatoes - 40. bags
of 160 lbs each - in bulk not in bags ~ I have come to the con-
clusion that it is possible to detect the presence of this disease,
but it is hardly feasible to certify its absence. Anybody doubting
this statement is advised to try the experiment of inspecting a car-
load of potatoes himself. We have, for certain reasons, in force
in our country an Act granting compensation at a rate not exceedirg
2/3 of the value as assessed by the inspector for any vegetation

and vegetable matter destroyed on finding it affected by the

disease or diseases scheduled under our Act, but this has now

-~9—

been dropped as far as imported potatoes are concerned, as it
Seemed too much like encouraging the disease.

I may here point out that in order to carry out inspection
at all it is necessary to maintain a statf of men, one of which
at least should be a trained official, at each port of entry.

The salary of these, wages for manual labor, travelling expenses,
compensation for destroyed vegetation - notwithstanding all these
precautions, the ever prominent danger of failing to recognize an
infected shipment - tris sort of thing will not be found worth

the whole of the importations in years when potatoes are less
Scarce. Whether this effort will pay in years when potatoes

are scarce, will be shown only a fter a year's work has been

done; concerning the control of this disease, should it become
established, tke cost of all this should, of course, be added to
the expense of maintaining inspectors, including compensation for
destroyed chipments, and may be counterbalanced by the to#al value
of all potatoes imported. It is very doubtful if the balance will
be found on the right side.

I l.ave pointed out by the foregoing examples, besides the in-
efficiency of inspection - however thorough it may be belived to
be, also indirectly the folly of a quarantine in a case like this,
and, finally, the serious consequence of compensatibn - none of
which adequately serve their purpose. Compensation may be a
matter worthy of consideration, when dealing with a crop destroyed
within a country's borders, but to grant it for the destruction of
imported matter is nothing short of encouraging, or at any rate
facilitating tre importation of destructive diseases.

Without going into further detnils there cannot be any doubt

that these measures are exceedingly inefficient, if not unwise,

= 1.6

notwithstanding all possible care in execution, besides being liable
to cause serious complications in the trade and commerce relations
with other countries. Measures which also tend to create antag-
onism against the iron hand of the law cannot rossibly serve a
good purpose, and none of the regulations under the existing Acts
that I have come across in my search for information, can be said
to cover adequately this serious objection.

In the following remarks I venture to outline very briefly
a scheme which has appeared to me to solve some of the existing
difficulties but I am well aware of the important fact that we
can Only learn by our own mistakes ~- and these proposals may on
practical working soon show defects, which at present do not
occur to me.

Briefly, The more or less costly, practical or impractical
policies maintained in the various countries where any such measures
are in force, with a view of safeguarding important economic indus-

tries from an invasion with fungous diseases, arise from the export

of diseased veretation.

We are nowadays much concerned about questions of international
peace and good-wilj], but it appears to me that notwithstanding inter-
national agreements regulating the commercial and trade relations
of countries, that one important point has been totally lost sight
of, i.e. the malpractice of exporting diseased vegetation, and thus
spreading from provinee to country - country to continents, dangerous
fungous diseases, and instead of preventing altogether these serious
dangers through a practical svreement with other nations, there is
being practiced wholesale all the world over a policy of exportation

of serious diseases against which every country is so anxious to

protect her interests from within and without. It seems a sur-

prisingly ludicrous policy - within each country war is waged

against diseases - but ccuntries willing to spend millions to

control diseases within its own borders, distributes the very

Same disease all over the world without the slightest hesitation
or concern.

Not until we are able to devise practical means to prevent the
continuance of this practice and, what is more, have these recom-
mendations univerally adopted, will the problem of fighting diseases
be successfully solved. Certainly the prohibition of the importation
of all kinds of vegetation affected by diseases is quite useless.

In conelusion of my address let me consider the more important
features of such a measure. It is at once apparent that it would
be of no use trying to carry out this or any other similar scheme
in practice without an international agreement and international
effort. In order to carry into effect this plan, careful con-
sideration shculd be given and all objections be carefully discussed
to meet the special requirements. Let us consider that such a
measure would be found practicable, what are the necessary steps
to take to render thisscheme possible of execution: For this reason
let me call to ycur mind :

1. The large expenditure necessary to maintain a service of
inspection, and 211 incidentals connected with such work,
at the port or ports of entry.

2. The considerable cost of compensation for any destroyed
vegetation found diseased on importation.

5S. Notwithstanding inspection and compensation, the very
dubious efficiency of such measures when dealing with

ete

fungous and bacterial diseases.

—Lam

4. The burden which would rest upon a country to provide the
necessary appropriation for the control of a newly intro-
duced disease.

5. The national loss which would result from the ravages of
such disease among the valuable economic crops of the
country.

If we would be able to annroximately estimate the annuzl cost
tor carrying on this kind of fruitless work together with the
losses from such diseases, you must grant that the same would
reach an incredible figure. Remember for a moment the cost of
fighting imported pests like the Gipsy Moth, Brovmtail Moth,

Potato Canker, Gooseberry Mildew, Phytophthora infestans and

soores of others ~ all this vast expenditure could have been
saved if the export of diseased vegetation affected by other in~
sect or fungous diseases would have been made an international
offense. No doubt there are many similar laws and agreements
in foree among nations, unquestionably effecting a universal
blessing.

The invasion of countries by destructive diseases will take
effect more and more as all methods of rapid traffic and the
competition among nations would serve to spread disease. It is
obvious that the saving of the immense sums now spend in many
countries in their effort to protect important agricultural

and horticultural industries from the invasion of diseases, by
the universal adoption of such measures prohibiting oar making ox
—mekzing it illegal under penalty to export diseased vegetation,

would result un greatly increased funds for the exrrying on of a

very efficient system of controlling and combating diseases ex~

~-13~

isting within a country. Eventually this work must result in the
destruction of diseases to such an extent that the prohibition of
the export of diseases ~ now apparently so difficult a measure -
would resolve itself into a practicable and comparatively simple
one.

It will be quite realised that whatever the changes are which
may be efiected to improve the existing systems, that time and ex~
perience only will insure the expected benefits in their full degree.
This policy would serve well a double purpose - the control of ex-
isting diseases, and the assurance of being protected frem wilful
invasion from without.

The control of all kinds of diseases within each country should
be its most ernest sim, and would naturally result in increasing
the confidence in the trade and commerce with ones neighbors, pre-
serve peace and encourage closer relations among all nations.

It may be argued that the prohibition of the export of
diseased vegetation would be as im) racticable as the prohibition
of the import, and I have myself just pointed out how inadequate
such measures may he, but we must not forget that generally vegetable
imports take place during “ eee ey short period, at which
it must often bedecided in haste when working under severe pressure
from shipments arriving in port in large numbers, whether a par-
ticular shipment is free or not from disea‘es, whereas in the
carrying out of exportation prohibition, the standing field crops
of a country could have been carefully surveyed and certificates
have been issued ac to their freedom, or the freedom of entire
countries or areas within it from certain diseases. A well or-

eanized system of this kind must result in the desired object in

wwe

view, but the reliability and efficiency of the officers in charge
of such work are absolutely necessary. Otherwise how could it
have been possible - notwithstanding a so-called system of control -
to export potato canker from Great Britain into America, if the
Board of Agriculture's directions against this disease - against
which special orders have been passed ~- would have been faithfully
carried out, as it is no doubt the intention of the government .

In order to effect an efficient protection it is imperative
that each country concentrate its efforts upon the thorough con-
trol of diseases within its own borders. Every country would

«

certainly have to work out its own Salvation along its own lines,

and this you must grant is not a problem to he considered in the

present address.