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REGULATIO

FRAMED UNDER

Section One of Ordinance No. 16 of 1904,

Preventing the Introduction and Spread
of Insect Pests and Plant Diseases

in this Colony.

[Published in Government Gazette of 15th February, 1907.]

PRETORIA :
GOVERNMENT PRINTING AND STATIONERY OFFICE.
1907.
598—18/2/07—1,000.

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GOVERNMENT NOTICE No. 180 or 1907.

T IS HEREBY NOTIFIED for general infor-
mation that His Excellency the Governor has.
under the powers in him vested by section one of
Ordinance No. 16 of 1904, been pleased to make the
following Regulations for preventing the introduction
and spread of insect pests and plant diseases in this

Colony.
: ADAM JAMESON,
Commissioner of Lands.

Office of the Commissioner of Lands,
Pretoria, 9th February, 1907.

Regulations.

4. The Regulations published under Government
Notice 1197 of 1904 shall be and are hereby with-
drawn.

2. In these Regulations the following terms shall
have the meaning respectively assigned to them:—

“South Africa” shall mean that portion of Africa

including the British South African Colonies
or Territories, and that portion of Portuguese
Territory lying south of the Zambesi River.
“Inspector” shall mean any person appointed by
the Commissioner of Lands for the purpose of
carrying out the provisions of these Regulations.

“Plant” shall mean any tree, shrub, or vegetation,
and the fruit, leaves, cuttings, bark, or any

aN part thereof whatsover, whether severed or
)

attached.

“Stock” shall mean any young rooted plant
intended for budding or grafting.

“Nursery Stock” shall mean trees or plants of
any kind, not being vegetables, grown or culti-
vated for purposes of trade, and with the
intention of their being sold or distributed

© for the purpose. of their being grown elsewhere

than on the premises where they stand.

“Insect Pest” shall mean any insect or other
invertebrate animal which may be injurious to
agricultural or horticultural products.

“Plant Disease” shall mean any fungus, bacterial

agricultural or horticultural products.

& or other disease, which may be injurious to
Ne)
Se
oe

4

“Nursery” shall mean any land or premises
ordinarily used for the purpose of growing or
cultivation of any nursery stock, and includes
any piece vf ground adjoining such land or
premises and held by the same owner or
occupier on which is grown fruit trees, plants
and shrubs, not intended for sale.

“Orchard” shall mean any land or premises ordi-
narily used for the purpose of growing or
cultivation of {fruit bearing plants or trees,
and includes any piece of ground adjoining
such land or premises and held by the same
occupier or owner, on which is grown fruit
trees, plants and shrubs, not intended for sale.

“Plantation” shall mean any piece of land, other
than an orchard or nursery, ordinarily used
for the growing or cultivation of plants.

“Nurseryman” shall mean the owner cr the occupier
of or any other person having; the control or
management of a nursery.

3. If an Inspector at any time shall find any plant
or portion thereot imported into this Colony in con-
travention of any of these Regulations he shall order
such plants, or portions thereof, to be immediately
removed from the Colony, or the Commissioner of
Lands may order that such plants, or portions thereof,
be destroyed without delay. Neither the Commissioner
of Lands nor any Inspector shall be responsible for any
loss or damage that may result from the destruction
of any article under these Regulations or from any
process or detention that may be considered necessary
to cleanse or disinfect any article or to discover the
existence of any pest or plant disease or to obtain any
information as to the origin or destination of such
article.

4, Any person who shall contravene any of these
Regulations shall be liable on conviction to a fine not
exceeding fifty pounds, or in default of payment te
imprisonment with or without hard labour for a period
not exceeding three months.

Part I.—Oversea REGULATIONS.

5. No person shall introduce any plant from places
beyond South Africa except by post or through the
following sea te :—Beira, Lourenco Marques, Durban,
East London, Port Elizabeth, Mossel Bay and Cape Town.

6. No person shall introduce into this Colony from
places beyond South Africa any live insect except by
special permission of the Commissioner of Lands under
such precautionary measures as he may deem necessary.

5)

7. No person shall introduce into this Colony from
any place beyond South Africa:—

(a) Any eucalyptus, acacia, or coniferous plant,
aoe any portion thereof, with the exception of
seed.

(b) Any coffee plant, or any portions thereof, with
the exception of seed free from pulp.

(c) Any stone fruit tree, or any living portion
thereof which was grown or produced in any
part of North America, or any other country
to be from time to time notified in the Govern-
ment Gazette as a country in which either of
the diseases known as Peach Yellows or Peach
Rosette exists.

(d) Any peach stones and peach stocks.

(e) Any stocks, excepting apple stocks, grown
upon Northern Spy roots, or other roots, which
are accepted by the Commissioner of Lands
as being resistant to the attack of Woolly
Aphis. /Schizoneura lanigera/, and pear, plum,
apricot, cherry, mango, rose, persimmon stocks,
and such others as may be from time to time
notified in the Gazette, which may be imported
in bulk.

(f) Timber with the bark on, except scaffolding
poles from the Baltic Sea or from Canada, and
except piles of the turpentine tree /Syncarpia
laurifolia/.

8. No person shall introduce from beyond South
Africa the following plants or any portion thereof
(other than seed or fruit of the same), except under
such precautionary measures as the Commissioner of
Lands may deem necessary :—

(a) Grape vines or other plants of the family

Vitaceae.
(b) Sugar cane.
(c) Plants cultivated for the production of rubber.

9. No tree or fruit-bearing plant or cutting thereof
other than is mentioned in last preceding regulation
may be introduced, unless a special permit authorising
any such introduction has been obtained from the
Commissioner of Lands. The issue of such permit
shall be in the absolute discretion of the Commissioner
of Lands, and not more than ten trees or one hundred
cuttings of any one variety may be introduced under
it. Permits shall not be issued to any one person in
one year from first of July to 30th of June authorizing
the introduction of more than one hundred trees ur
one thousand cuttings in all. No permit shall be

6

transterred except by the special permission of the
Commissioner of Lands. For the purpose of this
section the term “tree” shall include any plant of the
nature of a tree. In case of dispute as to whether
any plant falls under this restriction, the decision of
the Commissioner of Lands shall be final.

40, Notwithstanding any restrictions imposed _ upon
the importation of plants in Regulations 7 and 9, any
plant or portion thereof may be introduced from
beyond South Africa upon a special permit being
obtained from the Commissioner of J.ands. Such
permit shall only be granted under the following
circumstances :—

(a) That the plants for which permission to intro-

duce is desired cannot be secured in South
Africa or cannot be produced from seed.

(vb) That the plants are essential for the develop-
ment of an industry new to the Transvaal.

(c) And it shall be the condition of the use of
such a permit that the importation under it
shall be carried out in accordance with such
precautionary measures as the Commissioner
of Lands may deem necessary.

41. All plants or portions thereof, such as cuttings,
roots, tubers, bulbs, seeds, and fruit, and all packages,
cases, pots, or other coverings of the same, shall, before
being delivered to the consignee, undergo an examina-
tion by an Inspector, to determine as far as pcssible
whether or not any insect pest or plant disease is
present, and it shall be the duty of the consignee to
open the coverings and to afford every facility to the
Inspector during such examination.

42. All trees and woody plants, cuttings, buds or
scions thereof, together with their coverings or packing
material, shall, as a precautionary measure against the
introduction of insect pests, be fumigated at the expense
of the consignee in the manner prescribed by and to
the satisfaction of the Inspector, and if the Inspector
deems the treatment expedient he may extend it to all
other plants and all parts thereof.

13. If any article in the examination provided for
in Regulation 11, or any other article whatsvever, shall
be found to be infected in whole or in part with any
insect pest or plant disease, the Inspector may order
or cause that it, together with all other articles in the
same receptacle, together with all packing material, be
cleansed or disinfected by the consignee or at his
expense in the manner prescribed by and to the satis-
faction of such Inspector, and if not so cleansed and

7

disinfected or if any treatment then possible shall be
found or deemed by the Commissioner of Lands in-
sufficient for the absolute eradication of the insect pest
or plant disease, or if the Commissioner of Lands
considers the insect pest or plant disease to be of a
specially dangerous character, the Inspector may cause
the article to be destroyed without delay.

14. The consignee shall, when requested to do so
by the Inspector, furnish a certificate with respect to
any consignment, showing the name and address of
the shipper and the number and kind of packages and
any and all particulars of name, quantity, variety,
grade marks and place of origin, of the articles con-
tained in such consignment.

15. Any article, subject to examination under these
Regulations, which is introduced into this Colony by
post may be intercepted and examined by an Inspector,
and if found infested with any insect pest or plant
disease shall be cleansed or destroyed as provided for
in Regulations 12 and 13 of these Regulations.

46. The inspection and other treatment of con-
signments prescribed by these Regulations shall, save
as herein excepted, take place on the premises provided
by the Commissioner of Lands for the purpose, but
special arrangements may be made with the Commis-
sioner of Lands for the execution of all the provisions
of Regulations 11, 12, 13 and 15, on the premises of
the consignee or other place. when approved facilities
are provided.

17. On the Inspector being satisfied with respect
to a consignment that all the Regulations and condi-
tions herein set forth have been fully complied with
he shall issue a certificate to that effect to the con-
signee, and before the issue of such certificate the
consignment shall be under the Inspector’s control for
the purpose of these Regulations.

Part IT.—INtTER-CoLONIAL REGULATIONS.

418. No person shall introduce into this Colony

from any other part of South Africa :—

(a) Any grape vine cutting or any grape vine
unless the same is resistant or grown upon
roots resistant to the attack of grape phylloxera
(Phylloxera vastatrix/.

(b) Any apple stock or tree, unless grown upon
northern spy roots or other roots which are
accepted by the Commissioner of Lands as
being resistant to the attack of woolly aphis
(Schizoneura lanigera/.

8

(c) Any tree or plant that was propagated beyond
South Africa unless the introduction of the
same into the Transvaal would have been per-
mitted under Regulations 8, 9 and 10 of these
Regulations.

19. No person shall introduce any nursery stock
into this Colony from any part of South Africa except
under the following conditions: — ;

(a) That the nurseryman from whom the stock is
obtained holds a permit from the Commissioner
of Lands for the introduction of such stock
into the Transvaal. Such permit shall be
eranted if the Commissioner of Lands is satis-
fied from the report of the Chief Nursery
Inspector of the Colony in which such nursery-
man’s premises are situated that no restrictions
on the removal of the stock would be imposed
were the premises situated in this Colony.
Any such permit may at any time be cancelled
by tbe Commissioner of Lands, and _ shall
expire twelve months from the date of the
inspection on which it is based.

(b) That any fruit tree, fruit bearing plant, and
any portion thereof, other than fruit and seed,
has been fumigated immediately prior to ship-
ment with hydrocyanic acid gas in a chamber
and by a method approved by the Chief Nursery
Inspector of the Colony in which the nursery
is situated. :

(c) That every consignment be accompanied by a
certificate in the form “A” annexed to these
Regulations, specifying the number and kind
of plants contained in the consignment and
showing that the provisions of Regulations 18
and 19 have been observed.

20. Save as otherwise provided in Regulation 19
no person shall introduce into this Colony from any
other part of South Africa any plant or portion there-
of, with the exception of :—

(a) Vegetables or vegetable transplants.

(vb) Cut flowers.

(c) Fruit.

(d) Seeds.

(c) Plants or portions of plants not to be grown;
unless the following conditions are complied
with, that is to say—

(a) That: no consignment shall consist of more
than ten plants or cuttings of any one variety
without special permission from the Commis-
sioner of Lands, which permission may be
granted at his discretion,

9

$

(b) When any fruit tree, fruit bearing plant,
rose plant, or portion thereof, is included in
a consignment, such consignment shall, in
transit, be delivered to the Inspector at
Johannesburg or Pretoria for purposes of
inspection or treatment.

(c) If accompanied by a certificate from the Chiet
Nursery Inspector of the Colony in which
the plant was grown to the effect that the
plant is apparently free from insect pests
and plant diseases, the consignment may be
received at any place in this Colony.

(d) That such consigoment is accompanied by a
certificate in the fourm “B” annexed to these
Regulations, specifying the number and kinds
of plants contained in the consignment, and
showing that the plants were not grown in
a nursery, and further that the provisions
of Regulations 18 and 20 have been observed.

24. All plants or portions thereof, such as cuttings,
roots, tubers, bulbs, fruit, and seed, and all packages,
cases, pots, or other coverings of the same may, beiore
being delivered to the consignee, be detained and
examined by an Inspector, so as to determine as far
as pussible whether or not any insect pest or plant
disease is present, and it shail be the duty of the
consignee or his agent to open the coverings and to
afford every facility to the Inspector during such
examination. Such articles shall, when deemed neces-
sary by the Inspector as a precautionary measure
against the introduction of any insect pest or plant
disease, be treated b or at the expense of the con-
signee in the manner prescribed by or to the satisfac-
tion of the Inspector, and if not so treated or if such
treatment be deemed ineffectual, the Commissioner of
Lands may cause such consignment to be destroyed.

22. The inspection and other treatment of consign-
ments imposed by these Regulations shall, save as
herein excepted, take place on premises appointed by
the Commissioner of Lands for the purpose, but special
arrangements may be made by the Commissioner of
Lands for the execution of all the provisions of Regu-
lation 21 on the premises of the consignee, or other
‘place, when approved facilities are provided.

23. Any article subject to examination under these
Regulations which is introduced into the Colony by
post may be intercepted and examined by an Inspector,
and if tound infected with any insect pest or plant
disease shall be cleansed or destroyed as provided for
in Regulation 21.

10
é
Part IIJ.—Nursery REGULATIONS.

24. Every nursery shall be registered by the
nurseryman at the office of the Director of Agriculture
on or before the first day of September each year.
Applications for registration will be received by the
Resident Magistrate in the District wherein the nursery
is situated, and such Magistrate shall forward it to the
office of the Director of Agriculture, and every nursery-
man shall obtain a written acknowledgment of his
registration as proot that he has complied with this
requirement.

25. Every nursery shall be inspected at least once
a year by an Inspector. Other inspections may be
wnade if deemed necessary. It shall be lawful for any
Inspector to enter upon any land and to do thereon
such acts, matters and things as are necessary or
reasonably required for carrying out these Regulations,
and any person obstructing, resisting or interfering
with any such Inspector in the lawful execution of his
duty shall be guilty of a contravention of these Regu-
lations.

26. If an Inspector finds in any nursery, orchard,
or plantation, any insect pest or plant disease he shall
give to the nurseryman or to the owner or occupier
of the orchard or plantation, as the case may be, a
written notice that such insect pest or plant disease
is present, together with recommendations for the
eradication of the same, to be carried out within such
time as the Inspector may deem necessary. After the
service of such notice no person shall remove or cause
to be removed from the nursery, orchard or plantation,
any such plant or portion thereol which the Inspector
has designated as able to carry such insect pest or
plant disease without the written permission of the
Inspector. In all such cases the Inspector shall at
once report the matter to the Commissioner of Lands.

27. If the measures recommended have not been
applied and the insect pest or plant disease destroyed
at the end of the time specified, the Commissioner of
Lands may order that no plant or portion of plant
which is designated by the Inspector as liable to
disseminate the insect pest or plant disease shall be
removed from the nursery. During such periods of
restriction no person shall remove or cause to be
removed from the nursery, orchard or plantation
which is under restriction, any tree, plant, or portion
thereof, without the written permission of the Commis-
sioner of Lands.

ll

28. All restrictions placed upon a nursery, orchard
or plantation, under Regulation 27, shall remain in force
until the Inspector, at a subsequent regular inspection
or at a special inspection, finds the trees or plants in
the nursery, orchard or plantation, free from insect
pest or plant disease. He shall then recommend to
the Commissioner of Lands that a written certificate
to that effect be given to the owner or occupier of
the nursery, orchard or plantation concerned.

29. At each regular inspection the Inspector shall,
if he does not find any insect pest or plant disease in
the nursery inspected, recommend to the Commissioner
of Lands that the nurseryman be given a certificate
to that effect. If at any special inspection the Inspector
finds any insect pest or plant disease in the nursery
the Commissioner of Lands may cancel the certificate.
It shall be unlawful for any person to sell or dispose
of in any way any trees, plants. or portion thereof,
from a nursery without having obtained this certificate.

30. Nothing in the preceding Regulations contained
shall prevent the Commissioner of Lands from ordering
and causing to be carried into effect the immediate
destruction of any plant, tree, or portion thereof,
which is found infested by any insect pest or plant
disease which is specially dangerous to the agricultural
or horticultural interests of this Colony.

31. The Commissioner of Lands may, at his dis-
cretion, order any nurseryman to fumigate all or any
plants, trees, or portions thereof, with hydrocyanic
acid gas before they are allowed to be removed from
the nursery. The fumigation chamber and method of
fumigation shall be approved by a duly qualified officer
appointed by the Commissioner of Lands. All packages
or parcels, cases, or other receptacle containing plants,
trees, or portions thereof, which are sold or delivered
from the nursery in which fumigation has been ordered,
shall bear a label stating that the contents have been
fumigated in accordance with these Regulations.

32. If an Inspector sha!l at any time find a tree,
plant, or portion thereof, such as cuttings, fruit, or
any other article whatsover exposed or offered for sale
which is infested with any insect pest or plant disease
he may order such article, tree, plant, or portion
thereof, together with all other articles in the same
receptacle, with all covering and packing materjal, to
be cleansed or disinfected by the owner or his agent,
or at his expense, in the manner prescribed by and
to the satisfaction of the Inspector, and if not so
cleansed and disinfected, or if any treatment shall be

12

deemed by the Commissioner of Lands to be insuffi-
cient for the absolute eradication of the insect pest or
plant disease, or il the Commissioner of Lands shall
consider the insect pest or plant disease to be of a
specially dangerous character, he may order that such
articles be immediately destroyed.

Form A.

Sout AFRICAN INTER-COLONIAL PLANT IMPORT
REGULATIONS.

Certificate required with every consignment of
nursery stock exported from Cape Colony, Rhodesia,
Orange River Colony, Transvaal, or Natal to any other
of these Colonies.

Consionce’s Name co.cc ies Gewese eee

Consiznee’s P.O, Address... ics sckisvsseues

Fer Post PO. P.O.

From to

despatch by _ From. .......-. ee
Rail Station. Station.

Nun = anal deceription | Kinds of trees or | ‘Noniber of each,

of packages. | plants. kind.

I hereby certify that the particulars given above
of the consignment herewith despatched are true and
complete, that I hold an official permit for the intro-
GUCHOM INTC. 25 aneees of the nursery stock described,
and that | have complied with all the requirements of
the Plant Import Regulations of the said Culony which
apply to said stock.

CSIOMEU ic eo o> Sees use easca ies
Registered Nurseryman.

The consignment above described was this day
delivered by me.

Ce

Inspector or Examining
Officer at destination.

Daté. cca eeiceiewiadna es [OVER °

13

(Reverse of Form A.)

Apple trees from one Colony to another must be
on Northern Spy rovts or other roots ollicially accepted
as resistant to the attacks of Woolly Aphis in the
Colony to which the trees are sent.

Grape Vines must be on roots resistant to the
Phylloxera, and all cuttings of grape vines must be of
resistant kinds.

All fruit trees, fruit bearing plants, and portions
thereot, must be fumigated immediately prior to ship-
ment with hydrocyanic acid gas in a chamber and by
a method approved by the Government Entomologist
of the Colony in which they were grown.

It is required that a certificate in this form be
presented with and accompany every consignment of
nursery stock from any Colony for any other Colony,
whether to go by post or railway, and that the
Inspector or Examiner at the delivering post office or
railway station sign the form and despatch it at the
end of the current month to the Government Kntomo-
logist of his Colony.

The consignor is recommended to send a duplicate
of the certificate by post to the consignee so that delay
may be avoided should the original certificate go astray.
The Inspector or Examining Officer is authorised to
accept the duplicate.

Form B.

Soura AFRICAN INTER-CoLONIAL ImporT REGULATIONS.

Certificate required with every consignment of
plants, not nursery stock, and not specially excepted,
exported from Cape Colony, Rhodesia, Orange River
Colony, Transvaal, or Natal, to any other of these

Colonies.

Consignee’s Name ..... 0... cee eee eee eee
Consignees PLO. ACGROSS: 5.0.4 sxeres ver exes
Post P.O. P.O.
For PROM si) Sexckasen LO sities Bees
despatch bY | Rail Station. Station.
Fs veer 30t description Kinds of trees or Number of each

of packages. : plants. kind.

14

I hereby certify that the particulars given above
of the consignment herewith despatched are true and
complete, that none of the said plants are from any
nursery, and that no apple tree, grape vine, or grape
vine cutting, in violation of the Regulations, has been
included.

(Signed), .......-.. ee re RE ie

The consignment above described was this day
delivered by me.

Inspector or Examining
Officer at destination.

[OVER.

(Reverse of Form B.)

Apple trees despatched from one Colony to another
must be on Northern Spy roots or other roots officially
accepted as resistant to the attacks of Woolly Aphis
in the Colony to which the trees are sent.

Grape vines must be on roots resistant to Phyl-
loxera, and all cuttings of grape vines must be of
resistant kinds.

No certificate is required with (a) vegetables or
vegetable transplants, (b) cut flowers, (c) fruit, (d) seeds,
and (e) plants or portions of plants not to be grown.

With the exception of nursery stock which is
subject to special restrictions and must be accompanied
by another form of certificate. all other plants are
subject to the conditions noted hereunder and must be
accompanied, whether sent by rail or post, by a certi-
ficate in this form. The Inspector or Examining Officer
at the delivering post office or railway station is to
sign the form and despatch it at the end of the current
month to the Government Entomologist of his Colony.
The consignor is recommended to send a duplicate
certificate under separate cover to the consignee so
that delay in delivering the consignment may be

voided should the original have gone astray; the
elivering official is authorised to accept the duplicate.

1

Oe lees oe cuttings of any one variety is the
i 'y be sent in a single consignment unles
special permission to send more has been Abtatnad
from the Commissioner of Lands; ordinarily such
special permission will be endorsed on this bin

Any fruit tree, fruit bearing plant, ros

any part thereof, for the Pisievant Does wee
Colony, Natal. or Rhodesia, must, unless certified b

the official in charge of nursery inspection of fhe
Colony in which it was grown to be apparently free
of insect pests and plant disease, be sent in transit to
an Inspector for the receiving Colony for the purpose
of inspection and any required treatment. Inspectors
for the Transvaal are located at Johannesburg antl
Pretoria; for the Orange River Colony, at Bloemfontein ;
for Natal, at Pietermaritzburg; for Rhodesia, at Bula-
wayo, Salisbury, and Umtali; and for Cape Colony, at
Capetown and Grahamstown. ;

‘ornell University Library

Regulations framed under section one of

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