SB 983
.M6 AS aoe
) 1914

ey | MICHIGAN LAWS

: FOR THE PROTECTION

VRCHARDS AND. VINEYARDS

COMPILED UNDER THE SUPERVISION OF

FREDERICK C. MARTINDALE
SECRETARY OF STATE

1914 |

LANSING, MICHIGAN
WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS
1914

MICHIGAN LAWS

FOR THE PROTECTION

ORCHARDS AND VINEYARDS

COMPILED UNDER THE SUPERVISION OF

FREDERICK C. MARTINDALE
SECRETARY OF STATE

1914

LANSING, MICHIGAN
WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS
1914

PROTECTION OF ORCHARDS AND VINEYARDS.

An Act to prevent the importation from other states and the spread
within this state, of dangerous insects and dangerously conta-
gious diseases affecting trees, shrubs, vines, plants and fruits, and
to repeal all acts or part [parts] of acts that contravene the pro-
visions of this act.

FACES oie Ay eLg0 ast

The People of the State of Michigan enact:

Srecrion 1. It shall be unlawful for any person or persons, Infected trees
firm or corporation, knowingly, to keep upon their premises, 2oo2""" '°
or upon premises under their control or charge, any trees or
fruit infected with the diseases known as peach yellows,
rosette, or little peach, or any part of a tree infected with the
diseases known as black knot or pear blight, or any tree,
shrub, plant or vine infected with any other dangerously
contagious disease, or infested with the San Jose scale, canker-
worm or any other dangerously noxious insect pest. It shal! Unlawful to
also be unlawful for any person or persons, firm or corpora- teense
tion knowingly, to sell or offer for sale, or to give away, any
tree, shrub, plant, or vine, infected or infested with any dan-
gerously infectious disease or noxious insect, or any fruit
infected with peach yellows.

Sec. 2. The state board of agriculture shall, upon the State in-
passage of this act, appoint some competent person to be grenade. who
known as state inspector of orchards and nurseries, who shall '° 2ppoint.
hold office for two years, and whose duties shall be as here-
inafter prescribed. He shall have power to appoint such num- Deputies.
ber of deputy inspectors as may be necessary, subject to the
approval of the state board of agriculture. Said deputy
inspectors shall act under the orders of, and shall perform
such duties as may be directed by the state inspector of
orchards and nurseries. The salary, or per diem, of the state Salary or

and deputy inspectors shall be fixed by the state board of? °™
agriculture.
Sec. 3. Any person or persons, firm or corporation, grow- Growers or

: : : : sot desl
ing or offering for sale, in this state, any trees, shrubs, vines have stock

or plants, commonly known as nursery stock, shall, on or mspected.
before the first day of August in each year, apply to the
Michigan state board of agriculture for the inspection of said
stock under the provisions of this act and for a license for its

Amount of
license and
bond.

No stock to be
shipped with-
out certificate.

Must furnish
list of
purchasers.

Proviso.

Further
proviso.

Dealers must
secure license
and certificate.

When license
to be issued.

State inspect-
or, duty of.

When certifi-
cate of inspec-
tion given.

Certificate
may be
revoked.

LAWS FOR THE PROTECTION OF

sale. A license fee of five dollars shall be paid, and a bond
for one thousand dollars, with sureties satisfactory to said
board, and conditioned upon the compliance with the require-
ments of this act, shall be filed. No nursery stock shall be
shipped or delivered until it has been examined by the state
inspector of orchards and nurseries, or a deputy inspector
and has received a certificate as hereinafter provided. All
growers or dealers in nursery stock, shall, upon demand file
with the state board of agriculture a list of the persons to
whom they have sold or delivered any nursery stock, giving
the species, which list shall be for the sole use of the state
inspector of orchards and nurseries and his deputies: Pro-
vided, That the provisions of this section shall not apply to
persons engaged in fruit growing, who are not nurserymen,
but desire to sell or exchange surplus small fruit plants of
their own growing: Provided further, That the provisions of
this section shall not apply to farmers or other persons who
may sell shade trees from their own wood lots.

Src. 4. No person or persons, firm or corporation, residents
of another state, territory, province or country, shall engage
or continue in the business of selling, or taking orders within
this state for the sale of any trees, plants, shrubs or vines,
commonly known as nursery stock, without first , obtaining
from the state board of agriculture a license as provided
for in section three of this act, and filing a certificate of
inspection from a state or government officer, or some person
designated by the Michigan state board of agriculture.

Sec. 5. The state board of agriculture, shall, upon the

receipt of the required fee and a satisfactory bond and cer-
tificate of inspection, issue a license to each applicant, whether
a resident of this state, or of another state, province, or
country, permitting the sale of nursery stock by the holder, or
by his accredited agents, for the period ending the thirty-first
of July following the date upon which said license goes. into
effect.
Sec. 6. It shall be the duty of the state inspector of
orchards and nurseries to examine all nurseries in the state,
at least once each year, for the presence of San Jose scalé
and other dangerously injurious insects and diseases. If
found to be apparently free from such dangerous insects and
diseases, a certificate to that effect shall be given the owner,
upon the payment of an inspection fee sufficient to defray the
per diem of the inspector. Said certificate shall be void on
the thirty-first day of July following. In case any dangerous
insect or infectious disease is found upon any nursery stock,
the inspector shall order and enforce such treatment as may
be deemed sufficient to exterminate such insects or diseases
before granting a certificate. If a subsequent examination
shall show the stock to be infected, or infested, the certificate
may be revoked.

ORCHARDS AND VINEYARDS.

5

Sec. 7. Whenever a nurseryman or other person shall ship
or deliver within this state, except for scientific purposes, any
trees, shrubs, plants or vines, commonly known as nursery
stock, he shall place upon each car, box, bale or other package.
a copy of a certificate of inspection, the original of which is
signed by said inspector. Failure to do this, or the illegal
use of said certificate by changing, defacing, or placing it up-
on uninspected stock, or using the same after it has expired,
or been revoked, shall render the shipper or owner liable to
the penalties prescribed for a violation of this act. Dealers in
nursery stock purchased from other firms may, upon filing
with the state inspector of orchards and nurseries duplicate
copies of the certificates of inspection issued upon the stock.
grown by said firms, and on the payment of a fee of one dol-

lar, receive a certificate showing that the stock has been in-
spected. Said certificate may be used for the shipment of

nursery stock that has come to them accompanied by a certifi-
cate of inspection, but for no other. Nurserymen may ship
under their own certificate of inspection any stock that has
come to them later than the first day of the previous August
accompanied by a certificate of inspection, and, if from an-
other state, territory, province or country, by a certificate of
fumigation as required by this act.

' Sec. 8. If any nursery stock of species subject to the attack
of the San Jose scale, has been grown within one-half mile
of where the San Jose scale exists, or has been known to exist
within two years, it shall, before it is shipped or delivered,
be fumigated with hydrocyanic acid gas of the strength com-
monly used for such purpose, for not less than thirty min-
utes. All trees, plants, shrubs and vines, of species subject
to the attack of the San Jose scale, shipped into this state
from another state, territory, province or country, must be
fumigated with hydrocyanic acid gas in the usual manner,
and each car, box or bale, in which said nursery stock is
shipped, shall have upon it a certificate signed by the shipper
stating that such fumigation has been given in addition to the
usual certificate of inspection.

Sec. 9. The owner of any nursery trees, vines, shrubs or
plants, upon receiving notice from the state inspector of
orchards and nurseries, that any, or all of them, are infected
or infested with dangerous insects or diseases, shall, within
the time specified in such notice, take such steps as will fully
comply with the orders of the state inspector of orchards and
nurseries and he shall not ship or deliver any such trees,
vines, shrubs or plants, until after they have received such
treatment, and until they have been re-examined and a certifi-
cate of inspection has been granted.

Src. 10. Whenever it shall happen that the state inspector
of orchards and nurseries shall give the notice heretofore
required to the owner of nursery stock, for the destruction of

2

Nurserymen

to place copy

of certificate

on packages,
ete.

When liable
to penalty.

How dealers
may receive
certificate for
stock pur-
chased.

When nursery-
men may ship
under their
own certifi-
cate.

When stock to
be fumigated.

Certificate at-
tached to box
or car, what
to state.

Duty of owner
upon receipt
of notice that
trees are in-
fected.

Inspector to
make com-

plaint and

seize stock.

How seized
stock dis-
posed of.

Stock from
other states,
to have label

and certificate

attached.

Railway com-
panies, etc.,
to report
violation.

Misdemeanor,
what deemed.

When in-
spector may
seize stock.

Notice to
shippers.

How stock
disposed of.

Inspector to
notify owner
of infected
orchards.

LAWS FOR THE PROTECTION OF

the insects or diseases mentioned, and said owner shall fail
or neglect to take the measures necessary for the destruction
thereof, within the time mentioned in the notice given him,
the state inspector of orchards and nurseries shall enter
complaint against said owner and may seize and take posses-
sion of said-infected or infested nursery stock. Such seizure
may be made without a warrant. Said infected or infested
nursery stock shall be disposed of in such manner as may be
directed by the court before whom the offense is tried, or by
any court of competent jurisdiction.

Sec. 11. Whenever any trees, shrubs, plants or vines, com-
monly known as nursery stock are shipped into this state from
another state, territory, province or country, every package
thereof shall be plainly labeled on the outside with the names .
of the consignor and consignee, and the character of the con-
tents, and certificates shall be attached to each package show-
ing that the contents have been inspected by a state and gov-
ernment officer, and that they have been fumigated in the
usual manner with hydrocyanic acid gas. If any trees,
shrubs, vines or plants, commonly known as. nursery stock,
are shipped into this state without such certificates being
plainly fixed on the outside of the package, box or car contain-
ing the same, the fact must be reported within twenty-four
hours to the Michigan state board of agriculture, or its regu-
larly appointed inspector, by the railway, express or steam-
boat company, or the person or persons carrying the same;
and any agent of a railway, express or steamboat company,
or any other person or persons, who shall fail to comply with
the provisions of this section, shall be deemed guilty of a mis-
demeanor. The state inspector of orchards and nurseries
shall have authority, when he has reason to believe that nur-
sery stock, that has been shipped into the state, or shipped
by some nursery in the state, is infested or infected with
dangerous insects and diseases, to examine the same and, if
found to be infected by any dangerously contagious disease,
or infested with dangerous insects, such stock may be seized
without a warrant as a public nuisance. The shippers shall
be notified of the seizure, and orders shall be given him to
either destroy the stock or to give it effectual treatment. If
this is not done within five days, complaint shall be made to
some court having competent jurisdiction and said infected
or infested stock shall be disposed of in such manner as may
be directed by said court.

Sec. 12. It shall be the duty of the state inspector of
orchards and nurseries, whenever it shall come to his knowl-
edge that San Jose scale, canker worm, peach yellows, rosette,
little peach, black knot, or pear blight, or any other noxious
insects or dangerously infectious diseases exist, or are sup-
posed to exist, in any orchard, or upon any trees, shrubs,
vines, plants or fruits in this state, to investigate the case and

ORCHARDS AND VINEYARDS.

if such dangerous insects or diseases are found, he shall notify
the owner, or his agent, in writing. The notice shall consist
of a simple statement of the facts as found to exist, with an
order to uproot and destroy in such manner as may be indi-
cated, all trees infected with yellows, little peach, or rosette,
or to cut off and burn the portions infected with black knot
and pear blight, or if attacked by San Jose scale or canker
worm, to effectually spray the trees, or to use such remedies
as may be prescribed for other dangerous insects and diseases
within five days, or such time from the date of the service of
the notice as may be designated: Provided also, That no
such spraying shall be done while said fruit trees or vines are
in blossom, except in case of canker worm. In the case of
fruit infected with vellows, the notice shall require its imme-
diate destruction. Failure to comply with the requirements
of said notice shall render the owner or agent liable to the
penalties prescribed for the violation of this act.

Sec. 13. In any township, village or city in this state in
which the insects known as the San Jose scale, and canker
worm, or the diseases known as peach yellows, rosette, little
peach, black knot and pear blight, or any other destructive
insects or dangerously infectious diseases exist, or in which
there is good reason to believe they exist, or danger may be
apprehended of their introduction, it shall be the duty of the
township board, or the village, or city council, as soon as such
information becomes known to such board or council, or any
member thereof to’ appoint three competent freeholders of
said township, village or city, to be known as fruit and
orchard inspectors, who shall hold office during the pleasure
of said board or council: Provided, That inspectors already
appointed and in office under similar and previous acts shall
continue in said office under this act until the expiration of
the term for which they were appointed.

Src. 14. It shall be the duty of said inspectors, within ten
days after appointment, as aforesaid, to file their acceptance
of the same with the clerk of said township, village or city,
and said clerk shall be ex officio clerk of said board of fruit
and orchard inspectors, and he shall keep a record of the
proceedings of said board in a book to be provided for the
purpose and shall file and preserve all papers pertaining to
the duties and actions of said inspectors, or either of them,
which shall be a part of the records of said township, village
Or | City.

Sec. 15. It shall be the duty of the township, village or
city inspectors, or any one of them, whenever it comes to their
notice that any of the dangerously injurious insects or dis-
eases, mentioned in section thirteen of this act, exist, or are
supposed to exist, within the limits of their township, village,
or city, to proceed without delay to examine the trees, shrubs,
vines, plants or fruits, supposed to be infested or infected,

Notice, what
to state.

Proviso as to
spraying, and
destruction of
fruit.

When owner
subject to
penalty.

Duty of town-
ship, village
and city
officers in
infected dis-
tricts.

To appoint
inspectors.

Proviso.

Inspectors,
duty of.

Clerk to keep
record of pro-
ceedings.

When in-
spectors to ex-
amine trees.

LAWS FOR THE PROTECTION OF

Mark placed
on infected
trees.

How owner
may appeal
from opinion
of inspector.

Duty of in-
spectors upon
appeal.

When owner
may appeal to
state in-
spector.

Inspectors
may obtain
advice from
state in-
spector.

When owner
to pay ex-
pense of
appeal.

How orders of
inspectors
made effect-
ive.

Expense,
levied as
special tax.

State in-
spector, etc.,
may enter any
premises.

and, if destructive insects or a dangerously infectious disease
is found to exist, a distinguishing mark shall be placed upon
the trees, shrubs, vines or plants, and a written notice shall
be served upon the owner, or his agent. This notice shall be
as provided for in section twelve of this act. In case the
owner refuses to accept the opinion of a single inspector, re-
garding the nature of an insect or disease, or the remedy that
shall be employed, he may, within two days, appeal to the
other inspectors in the township, village or city, by serving a
written notice of such appeal upon each of them. Upon re-
ceipt of such notice of appeal, it shall be the duty of each and
every inspector, if he has not already done so, to examine the
trees, shrubs, plants or vines, supposed to be infested or in-
fected, and if all or a majority of said inspectors agree that
a dangerous insect or disease is present, they shall serve no-
tice upon the owner or his agent as above. If the decision of
the full board of inspectors is still unsatisfactory to the per-
son in charge, he may, within twenty-four hours, make an ap-
peal to the state inspector of orchards and nurseries, who
shall at once investigate the matter and order the proper
treatment, and his opinion and orders shall be final. If the
members of a township, village or city board of fruit and
tree inspectors are unable to agree, or are in doubt, regarding
the nature of an insect or disease, or the treatment that should
be given, they may call upon the state inspector of orchards
and nurseries for information and adyice. In cases where an
owner appeals to the full board of township, village or city
inspectors, or to the state inspector, and the findings of the
original inspector are approved, the expense incurred as the
result of the appeal shall be paid by the owner, and, in case
of his refusal to do so, the amount shall be certified to the
township board, or village or city council, which shall allow
the same and assess it as a special tax upon the property.
Sec. 16. In case the owner, or the person in charge of trees,
shrubs, vines, or plants, infested with a destructive insect, or
a dangerously contagious disease, refuses or neglects to carry
out the orders of the state inspector, or of the township, vil-
lage, and city inspectors, within the period stated in the notice
served upon him, the state, township, village, or city in-
spectors, respectively, shall employ such aid as may be neces-
sary to carry out their orders and recommendations. In case
the owner refuses to reimburse them for the expense incurred,
it shall be certified to the township board, or village, or city
council, who shall allow it, and spread it as a special tax
upon the property concerned.
Sec. 17. The state inspector of orchards and nurseries and
his deputies, assistants and employes, shall have authority to
enter upon any premises in the state for the purpose of exam-
ining the trees, shrubs, plants and vines, for the presence of
destructive insects and diseases, and, if any such insects or
diseases are found, may, under the provisions of this act, take

ORCHARDS AND VINEYARDS. < 9

such steps as may be necessary to exterminate them. Town- Authority of
ship, village and city inspectors shall have the same authority jONRSHP: ete
within the limits of their respective jurisdiction. No damage No damage’
shall be awarded for the destruction of any tree, shrub, plant 3¥3rded for
or fruit, or for injury to the same, if done by the inspectors trees.

and their assistants in accordance with the provisions of this

act: Provided, It is deemed necessary in order to suppress Proviso.
dangerous insects and diseases.

Sec. 18. The township, village and city fruit and tree in- Inspectors,
spectors shall be allowed for services under this act three Sg ae
dollars for each full day and one dollar fifty cents for each
half day, and their per diem and other charges and disburse-
ments hereunder shall be audited by the township board or

village or city council.

Am, 1911, Act 83.

Src. 19. Persons, firms or corporations engaged in growing Who not re-
or selling plants commonly grown in greenhouses shall not be fluired to take
required to take out a license: Provided, They do not grow Proviso.
or handle nursery stock, and certificates of inspection are not
required under this act for the shipment of greenhouse plants.

Sec. 20. Any person or persons, firm, or corporation, who Misdemeanor,
may fail to comply with any of the provisions of this act, ee
shall be deemed guilty of a misdemeanor and shall be punished ;
by a fine of not less than ten dollars and not exceeding one Penalty.
hundred dollars, or by imprisonment in the county jail for
not less than ten nor more than ninety days or both such fine
and imprisonment, in the discretion of the court, and jurisdic- Courts given
tion is hereby conferred in these cases upon any justice of the 7°":
peace, or other competent court, of the township, village, or
city, where such trees, shrubs or plants may be, or where
such nursery stock or fruit is grown, sold, shipped, disposed
of, or delivered, contrary to the provisions of this act. In all Security for
cases where a complaint is made under the provisions of any {huired’
section of this act, by any state, township, village or city
inspector, said complainant shall not be required to furnish
security for costs.

Sec. 21. The state inspector of orchards and nurseries State in-
shall have authority to employ such aid and obtain such appa- SiSiv sup”
ratus and supplies as may be needed for the proper perform- Plies, ete.
ance of his duties, and the bills for the same, and for the per Bitlis, how
diem and traveling and other necessary expenses of the state 2U@'°*
inspector, his deputies and assistants, shall be audited by the
state board of agriculture, and the auditor general shall draw
his warrant for the payment of the same from the general
fund of the state: Provided, That all moneys collected by the Proviso.
state board of agriculture, under this act shall be paid into
the state treasury.

Sec. 22 repeals Acts 108 and 109 of 1895; Act 137 of 1897.

10

Adulteration
unlawful.

Penalty.

Uniform
tules, ete.

Examination

of specimens.

Hearing.

Prosecutions.

LAWS FOR THE PROTECTION OF

An Act for preventing the manufacture, sale or transportation of
adulterated or misbranded Paris greens, lead arsenates, and other
insecticides, and also fungicides, and for regulating traffic therein.

[Aet 254, P. A. 1913.]

The People of the State of Michigan enact:

Section 1. It shall be unlawful for any person to manu-
facture, sell, offer or expose for sale within the state of
Michigan any insecticide, Paris green, lead arsenate, or fungi-
cide which is adulterated or misbranded within the meaning
of this act; and any person who shall violate any of the pro-
visions of this act shall be guilty of a misdemeanor and upon
conviction thereof shall be fined not to exceed two hundred .
dollars for the first offense, and upon conviction for each
subsequent offense shall be fined not to exceed three hundred
dollars, or sentenced to imprisonment in the county jail for
a period not exceeding ninety days, or both in the discretion
of the court.

Sec. 2. The state board of agriculture shall make uni-
form rules and regulations for carrying out the provisions of
this act, including the collection and examinations of speci-
mens of insecticides, Paris green, lead arsenates, and fungi-
cides manufactured or offered for sale in the state of Michi-
gan.

Sec. 3. The examination of specimens of insecticides,
Paris greens, lead arsenates, and fungicides shall be made at
the agricultural college by such existing departments as may
be directed by the state board of agriculture for the purpose
of determining from such examination whether such articles
are adulterated or misbranded within the meaning of this
act; and if it shall appear from any such examination that
any of such specimens are adulterated or misbranded within
the meaning of this act, the state board of agriculture shall
cause notice thereof to be given to the party from whom
such sample was obtained. Any party so notified shall be
given an opportunity to be heard, under such rules and regu-
lations as may be prescribed as aforesaid, and if it appears
that any of the provisions of this act have been violated by
such party, then the state board of agriculture shall at once
certify the facts to the attorney general, or prosecuting offi-
cer of the county in which the offense is committed, with a
copy of the results of the analysis or the examination of such
article duly authenticated by the analyst or officer making
such examination under the oath of such officer. After judg-
ment of the court, notice shall be given by publication in such
manner as may be prescribed by the rules and regulations
aforesaid.

Sec. 4. It shall be the duty of the attorney general or
other prosecuting officer to whom the state board of agri-

ORCHARDS AND VINEYARDS.

11

culture shall report any violation of this act, to cause appro-
priate proceedings to be commenced and prosecuted in the
proper courts of the state of Michigan without delay, for
the enforcement of the penalties as in such case herein pro-
vided. °

Sec. 5. The term “insecticide” as used in this act shall
include any substance or mixture of substances intended to
be used for preventing, destroying, repelling or mitigating
any insects which may infest vegetation, man or animals, or
households, or be present in any environment whatsoever.
The term “Paris green” as used in this act shall include the
product sold in commerce as Paris green and _ chemically
known as the aceto-arsenite of copper. The term “lead arse-
uate” as used in this act shall include the product or prod-
ucts sold in commerce as lead arsenate and consisting chemi-
cally of products derived from arsenic acid (H,AsO,) by re
placing one or more hydrogen afoms by lead. The term
“fungicide” as used in this act shall include any substance
or mixture of substances intended to be used for preventing,
destroying, repelling, or mitigating any and all fungi that
may infest vegetation or be present in any environment what-
soever.

Sec. 6. For the purpose of this act an article shall be
deemed to be adulterated, in case of Paris green:

First, If it does not contain at least fifty percentum of
arsenious oxide;

Second, If it contains arsenic in water-soluble forms equiv-
alent to more than three and one-half per centum of arsenious
oxide ;

Third, If any substance has been mixed and packed with
it so to reduce or lower or injuriously affect its quality or
strength.

In the case of lead arsenate: .

First, If it contains more than fifty percentum of water;

Second, If it contains total arsenic equivalent to less than
twelve and one-half per centum arsenic oxide (As.O,) ;

Third, If it contains arsenic in water-soluble forms equiva-
lent to more than seventy-five one-hundredths percentum of
arsenic oxide (As.,O,) ;

Fourth, If any substances have been mixed and packed with
it so as to reduce, lower, or injuriously affect its quality or
strength: Provided, however, That extra water may be added
to lead arsenate (as described in this paragraph) if the re-
sulting mixture is labeled lead arsenate and water, the per-
centage of extra water being plainly and correctly stated on
the label.

In the case of insecticides or fungicides, other than Paris
green and lead arsenate:

First, If its strength or purity fall below the professed
standard or quality under which it is sold;

Terms
defined.

Adulterated
Paris green
defined.

Proviso,
water.

Insecticides,
etc., other
than Paris
green.

pa
bo

False brand-
ing, defined.

Guaranty.

LAWS FOR THE PROTECTION OF

Second, If any substance has been substituted wholly or in
part for the article;

Third, If any valuable constituent of the article has been
wholly or in part abstracted ;

Fourth, If it is intended for use on vegetation and shall.
contain any substance or substances which, although pre-
venting, destroying, repelling, or mitigating insects, shall be
injurious to such vegetation when used as recommended by
the manufacturer.

Sec. 7. The term ‘“‘misbranded” as used herein shall apply
to all insecticides, Paris green, lead arsenates, or fungicides
or articles which enter into the composition of insecticides
or fungicides, the package or label of which shall bear any
statement, design, or device regarding such article or the in-
gredients or substances contained therein which shall be
false or misleading in any particular, and to all insecticides,
Paris green, lead arsenates, or fungicides which are falsely
branded as to the state, territory, or country in which they
are manufactured. For the purpose of this act an article
shall be deemed to be misbranded, in the case of insecticides,

Paris greens, lead arsenates and fungicides:

First, If it be an imitation or offered for sale under the
name of another article;

Second, If it is labeled or branded so as to deceive or mis-
lead the purchaser, or if the contents of the packages as orig-
inally put up shall be removed in whole or in part and other
contents shall have been placed in such packages;

Third, If in package form, and the contents are stated in
terms of weight and measure, they are not plainly and cor-
rectly stated on the outside of the package; in this connection
it is held to be permissible to state the average net weight
of the package.

In the case of insecticides (other than Paris green and lead
arsenates) and fungicides:

First, If it contains arsenic in any of its combinations or
in the elemental form and the total amount of arsenic pres-
ent (expressed as per centum or metallic arsenic) is not
stated on the label;

Second, If it contains arsenic in any of its combinations or
in the elemental form and the amount of arsenic in water-
soluble forms (expressed as per centum or metallic arsenic)
is not stated on the label;

Third, If it does not state plainly upon the label the cor-
rect names and percentage amounts of each and every ingredi-
ent of the insecticide or fungicide having insecticidal or
fungicidal properties and the total percentage of inert in-
gredients present.

Sec. 8. No dealer shall be prosecuted under the provisions
of this act when he can establish a guaranty signed by the
wholesaler, jobber, manufacturer, or other party residing in
the state of Michigan from whom he purchased such articles,

ORCHARDS AND VINEYARDS.

13

to the effect that the same is not adulterated or misbranded
within the meaning of this act, designating it. Said guaranty,
to afford protection, shall contain the name and address of
the party or parties making the sale of such articles to such
dealer, and in such case, said party or parties shall be amen-
able to the prosecutions, fines, and other penalties which
would attach in due course to the dealer under this act.

Sec. 9. The word “person” as used in this act, shall be
construed to import both the plural and the singular, as the
case demands, and shall include corporations, companies, so-
cieties, and associations. When construing and enforcing the
provisions of this act, the act, omission, or failure of. any
officer, agent or other person acting for or employed by any
corporation, company, society or association, within the scope
of his employment or office shall in every case be also deemed
to be the act, omission, or failure of such corporation, com-
pany, society, or associaton as well as that of the other per-
son.

Src. 10. The necessary expense incurred in carrying out
the provisions of this act, shall be paid by warrant of the
auditor genera! drawn upon the state treasurer. Such ex-
penses shall be certified to the auditor general by the state
board of agriculture, but the total amount to be paid in
any one fiscal year shall not exceed five hundred dollars.

See. 11 repeals acts 91 and 163 of 1909 and all conflicting acts or parts
of acts.

An Act to prevent trespass upon cranberry marshes.

[Act 38, S. L. 1869.]

The People of the State of Michigan enact:

§ 11643. Srcrion 1. That if any person shall enter the
premises of any other person, and take and carry away cran-
berries or cranberry vines there growing, .shall trample or
otherwise injure or destroy the cranberry vines growing there-
on, without the permission of the owner or occupant of said
premises, such person shall be deemed guilty of a misde-
meanor, and on conviction thereof, shall be punished by im-
prisonment in the county jail not less than five days, or by
fine not less than five dollars, and costs of prosecution, or both
such fine and imprisonment, in the discretion of the court;
and if any of the offenses mentioned in this section shall be
committed on the first day of the week, or in disguise, or
secretly in the night-time, between sun-setting and sun-ris-
ing, on conviction thereof the punishment shall not be less
than twenty dollars fine, or imprisonment in the county jail
not less than ten days, or both, at discretion of the court.

‘**Person’’
defined.

Expense,
how paid.

Penalties for
trespass.

Further
penalties.

Any person who shall commit any of the

and to provide a penalty therefor, and to provide for the collection

14 LAWS FOR THE PROTECTION OF

Treble SS) GUGse Sa 4.

Baaees. acts of trespass in section one of this act, shall be liable in
treble damages, in an action of trespass to be brought in the
name of the owner or occupant of the land upon which said
trespass may have been committed.

An Act to prevent trespass upon huckleberry and blackberry marshes
of damages growing out of such trespass.
[Act 261, P. A. 1909.]
The People of the State of Michigan enact:
Trespassing, SEecTION 1.

what deemed.

Proviso,
notice.

Penalty.

When
liable in
treble
damages.

Penalty for
entering
vineyard,
orchard or
garden.

If any person shall enter the enclosed premises
of another person and take and carry away from any huckle-
berry marsh or lands growing blackberries, huckleberries or
blackberries there growing, or shall trample, break down or
otherwise destroy the huckleberry or blackberry bushes grow-
ing thereon, without the permission of the owner or occupant
of such premises: Provided, That such owner or occupant
shall have previously posted a conspicuous notice in at least
three different places upon the premises forbidding any tres-
pass thereon, such person shall be deemed guilty of a misde-
meanor, and on conviction thereof, shall be punished by im-
prisonment in the county jail not. less than five days nor more
than fifteen days, or by a fine of not less than five dollars nor
more than twenty-five dollars and the costs of prosecution, or
both such fine and imprisonment in the discretion of the court.

Sec. 2. Any person who shall commit any of the acts of
trespass mentioned in section one of this act, shall be liable
in treble damages in an action of trespass to be brought in
the name of the owner or occupant of the land goer which
said trespass may have been committed.

An Act to protect vineyards, orchards and gardens, and to repeal
act number one hundred thirty-one, public acts of eighteen hun-
dred sixty-nine, entitled “An act to protect vineyards in the state
of Michigan,” being section nine thousand one hundred and ninety-
five of Howell’s Annotated Statutes.

[ACER TSS Pa AenetSo pal

The People of the State of Michigan enact:

$ 11645. Srcrion 1. That any person who shall enter a
vineyard, orchard or garden, without the consent of the owner,
and pick, take, carry away, destroy or injure any of the
fruits, vegetables or crops therein, or in anywise injure or de-

ORCHARDS AND VINEYARDS. 15

stroy any bush, tree, vine or plant, shall be guilty of a misde-
meanor, and on conviction thereof shall be punished by im-
prisonment in the county jail not more than three months, or
by fine not less than one nor more than one hundred dollars,
or by both such fine and imprisonment, in the discretion of
the court.

Am. 1899, Act 61.
See. 2 repeals Act 181 of 1869.

An Act to prevent the wilful and malicious destruction of fruit,
shade or ornamental trees.

[Act 52, S. L. 1853.]

The People of the State of Michigan enact:

§$ 11646. Secrion 1. That every person who shall wilfully wittul and
and maliciously, or wantonly and without cause, cut down or Pavgous ie
destroy or otherwise injure any fruit tree or trees, or any °F shade trees.
other tree or trees, not his own, standing or growing for shade
or ornament on the land of another, the damage for which
said cutting down, destruction or injury to the owner or own-
ers of said tree or trees shall amount to the sum of twenty
five dollars, shall be punished by imprisonment in the state
prison not exceeding five years, or by imprisonment in the
county jail not exceeding one year, or by fine not exceeding
five hundred dollars, in the discretion of the court.

An Act to prevent the wrongful taking, detaching from the ground,
or injuring any fruit tree, shade tree, ornamental shrub, plant,
vine, or vegetable.

[Act 174, S. L. 1855.]

The People of the State of Michigan enact:

11647. Secrion 1. That any person who shall wrong: wrongful
fully take and carry away from any place, any fruit tree. taking of aed
ornamental tree, shade tree, ornamental shrub, or any plant, punished.
vine, bush, or vegetable there growing, standing, or being,
with intent to deprive the owner thereof, or who shall without
right and with wrongful intent, detach from the ground, or
injure any fruit tree, “ornamental tree, shade tree, Panam cna
shrub, or any plant, vine, bush, or vegetable, shall be guilty
of a misdemeanor, and on conviction thereof be punished by
imprisonment in the county jail not more than six months,

16

LAWS FOR THE PROTECTION OF

Proviso.

““Closed
ackage’’,
ow con-

strued.

How marked.

Sale, etc.,
when unlaw-
ful.

When marked
“fancy’’, etc.

or by fine not exceeding two hundred and fifty dollars, or by
both such fine and imprisonment, in the discretion of the
court: Provided, That when the damage to the owner does
not exceed the sum of twenty-five dollars, the punishment
shall be a fine not exceeding one hundred dollars, or imprison-
ment in the said jail not exceeding three months, or by both
such fine and imprisonment, in the discretion of the court.

An Act to prevent fraud and deception in the sale of Michigan grown
fresh fruits and vegetables, and to provide penalties for violations
of this act.

[Act 207, P. A. 19138.]

The People of the State of Michigan enact:

Srcrion 1. In this act, unless the contents otherwise re-
quires, the term “closed package” shall be construed to mean
a barrel, box, basket. carrier or crate, of which all the con-
tents cannot readily be seen or inspected when such package
is prepared for market. Fresh fruits or vegetables in baskets
or boxes, packed in closed or open crates, and packages
covered with burlap, tarlatan or slat covers shall come within
the meaning of the term ‘closed package.” None of the pro-
visions of this act shall apply to other than Michigan grown
fruits and vegetables.

Src. 2. Every person who, by himself or by his agent or
employe, packs or repacks fresh fruits or vegetables in closed
packages intended for sale in the open market, shall cause
the same to be marked in a plain and indelible manner, as
follows:

First, With his full name and address, including the name
of the state where such fresh fruits and vegetables are packed,
before such fresh fruits or vegetables are removed from the
premises of the packer or dealer;

Second, The name and address of such packer or dealer
shall be printed or stamped on said closed packages in letters
not less than one-quarter inch in height.

Src. 3. No person shall sell or offer, expose or have in
his possession for sale, in the open market, any fresh fruits or
vegetables packed in a closed package and intended for sale,
unless such package is marked as is required by this act.

Src. 4. No person shall sell or offer, expose or have in his
possession for sale, any fresh fruits or vegetables packed in
a closed or open package, upon which package is marked any
designation which represents such fruit as “No. 1,” “Finest,”
“Best,” “Extra. Good,” “ancy,” “Selected,” “Prime? tame
dard,” or other superior grade or quality, unless such fruit
or vegetables consist of well grown specimens, sound, of

ORCHARDS AND VINEYARDS. Ve

nearly uniform size, normal shape, good color, for the variety,
and not less than ninety per cent free from injurious or dis-
figuring bruises, diseases, insect injuries or other defects,
natural deterioration and decay in transit or storage excepted.

Sec. 5. No person shall sell or offer, expose or have in his False represen-
possession for sale, any fresh fruits or vegetables packed in ‘“"°"
any package in which the faced or shown surface gives a
false representation of the contents of such package, and it
shall be considered a false representation when more than
twenty per cent of such fresh fruits or vegetables are sub-
stantially smaller in size than or inferior in grade to, or
different in variety from, the faced or shown surface of such
package, natural deterioration and decay in transit or storage
excepted.

Src. 6. Every person who, by himself, his agent or em- Misdemeanor,

pa 2 ‘ 326 ° penalty.
ploye, knowingly violates any of the provisions of this act
shall, for each such offense, be deemed guilty of a misde-
meanor, and upon conviction thereof shall be punished by a
fine not exceeding ten dollars, or by imprisonment in the
county jail for a period not exceeding thirty days, or by both
such fine and imprisonment in the discretion of the court.

An Act to regulate the packing for shipment and sale of table grapes,
and providing penalties for violation thereof.

eters OG 125 vals asia]

The People of the State of Michigan enact:

Secrion 1. No grapes that are not ripe, or are the fruit of Unripe, etc.,
unhealthy vines, or are for any reason unhealthy or in a state panes Suny
of decay shall be packed for shipment by any grower, packer
or shipper in any package or basket of less than sixteen
pounds capacity.

sme. 2.) UAnYy person or persons found guilty of violating Penalty for
any of the provisions of this act, in any court of competent ee es
jurisdiction, shall be deemed guilty of a misdemeanor and
shall be punished by a fine of not less than ten dollars nor
more than one hundred dollars, or by imprisonment in the
county jail for not less than ten days nor more than ninety
days, or by both such fine and imprisonment in the discretion
of the court.

Sec. 3. It shall be the duty of the state dairy and food Enforcement.
commissioner, his deputies and assistants, to enforce the pro-
visions of this act.

18

Appropria-
tions.

Proviso,
limit.

Farm com-
missioner,
term, salary.

Farm develop-
ment fund.

Salary, how
paid.

Qualifications.

Oath of office.

LAWS FOR THE PROTECTION OF

An Act to authorize and regulate a county agricultural department.
PMct eG ibs AS ao13al

The People of the State of Michigan enact:

Section 1. The boards of supervisors of the several coun-
ties of this state are hereby authorized to appropriate from
funds of their respective counties, or to assess and cause to
be spread upon the taxable property of their respective coun-
ties, a sufficient sum of money to carry out the purposes of
this act: Provided, however, That there shall not be so ap-
propriated, raised or assessed in any county in any one year
more than fifty cents on each one thousand dollars or major
portion thereof of the assessed valuation of the real and
personal property of such county, but in no case to exceed
two thousand dollars, in addition to the salary mentioned
in this act.

Src. 2. Each of said boards of supervisors so making
such appropriation or assessment, shall also elect one quali-
fied person for each county, respectively, to be known as farm
commissioner, who shall hold his office for two years and shall
receive such annual salary as said board of supervisors shall
determine, not exceeding two thousand dollars.

Sec. 3. The fund so appropriated shall be known as the
farm development fund, and the same may be used to enable
said commissioner to defray his actual expenses, aside from
salary, and carry out the purposes of this act.

Sec. 4. The salary of such commissioner shall be paid
out of the general fund of such county, and as other county
salaries are paid. ;

Sec. 5. Such commissioner shall be a person: not less than
twenty-five years of age, an experienced practical man who,
in the opinion of said board, is versed in all matters per-
taining to farming pursuits, the growing of agricultural
products and fruits suitable in such county, and one who is
versed in the knowledge of soil fertility, rotation of crops,
fertilizers and fertilizing, and possessing a knowledge of
the kind of crops best adapted to the various soils and con-
ditions of such county.

Sec. 6. Such commissioner shall, before entering upon
the duties of his office, execute the constitutional oath of
office and file same with the county clerk of such county;
and shall also before entering upon such duties execute and
enter into a bond in a sum to be fixed by said board of
supervisors, not less than one thousand dollars nor to ex-
ceed double the sum appropriated in the then current year,
said bond to be signed by at least two sureties and approved
by the county treasurer of the county, conditioned for the
faithful performance of his duties and the accounting of
all funds and moneys, material and apparatus coming into

ORCHARDS AND VINEYARDS.

19

his hands; which bond shall run to the board of supervisors
of such county and shall be filed in the office of the county
clerk thereof, and action may be brought thereon for viola-
tions of its conditions and provisions, the same as on other
county officers’ bonds running to said board.

Sec. 7. The fund created by this act shall be raised and
collected as are other taxes for county expenses, and paid
over to the county treasurer, and by him kept separate from
all other funds, and to be paid out only on the order of said
farm commissioner or transferred to the general fund of
such county as hereinafter specified.

Sec. 8. Such commissioner shall keep an accurate account
of all of the expenditures by him made from such fund and
of the orders drawn thereon, and he shall make annual report
of all such expenditures and orders drawn, and of his do-
ings and actions in full to the board of supervisors of such
county at each annual October meeting thereof.

Sec. 9. The duties of such commissioner in general shall
be as follows:

a. To be of every material benefit and assistance to the

farming and fruit interests of his county;

b. To render advice and instruction to the people of the
county who need. help most, to make for successful cultiva-
tion and cropping of the soil for all products grown there-
from;

ce. To contract with farmers and fruit growers through-
out the county for demonstration and experimental purposes,
for acreage of ground and orchards or small fruits, to the
end that each farmer or fruit grower so contracted with will
fertilize, fit for crops, plant and sow to crops and care for
and harvest the same in accordance with the instruction
and direction: of such commissioner, but: without compensa-
tion; such farmer to have the crop grown thereon and to
keep such records and data concerning the same, as to the
kind of seed and fertilizer used, cultivation, rain fall on
same, harvest, care and yield of crop and other information
as such commissioner shall require ;

d. Such commissioner to so manage and keep records of
each tract that each may be such a demonstration and ex-
periment station in itself as to tend to bettering future con-
ditions;

e. To instruct as far as possible the inhabitants as_ to
important farm questions relating to soil fertility, crop ro-
tation, fertilizers (crop and commercial), kinds of crops
best adapted to various soils, and in every way to raise and
improve the standard of farming and fruit growing;

f. To work in conjunction with the Michigan agricul-
tural college or any governmental or state aid that may be
secured by federal or state appropriations for similar pur-
poses ;

g. To stimulate interest for more scientific farming and

Fund, how
raised, etc.

Expenditures,
account of,
etc.

Duties of
commissioner.

20

LAWS FOR THE PROTECTION OF

Office.

May contract
with farmers,
etc.

Proviso.

Office fixtures,
etc., may
purchase.

Proviso.

Supervisors
may discon-
tinue office.

Proviso

Further
proviso,
referendum.

Funds, where
applicable.

Proviso.

fruit growing, and in every reasonable and practical way
raise the standard of farming and fruit growing in such
county.

Src. 10. Said commissioner shall keep an office in such
county, and there keep on file and for public examination
in systematic form, records, data and results of the various
experiments and demonstrations in such a way as to be of
the greatest benefit to the public, and turn over to his suc-
cessor in office all the records, files and documents, fixtures,
apparatus and material of his said office which shall belong
to the county.

Src. 11. Such commissioner may enter into contracts with
farmers and fruit growers in his name of office, and sue them
for violations thereof in his name of office, and may employ
such assistants as he deems necessary to carry on the work
outlined by this act to the best advantage: Provided, how-
ever, That said commissioner shall devote substantially his
whole time to said work, and shall not expend portions of
such development fund for other assistants, except when the
same are necessary to carry out the purposes of this act to
the best advantage and benefit to the people.

Sec. 12. Such commissioner is authorized to purchase such
reasonable office fixtures and supplies and record books as
are necessary to carry out the provisions of this act, and is
authorized to purchase such reasonable supply of apparatus
and chemicals and material as is necessary for him to test
soils, fertilizers, spraying materials and seeds, and carry on
experiments; but he shall make no charge for such testing
nor for any other services performed under this act, and he
shall receive no other or further compensation or fees than
such as are prescribed by this act: Provided, however, That
if such commissioner can procure adequate tests of above ma-
terials, soils, etc., at the agricultural college of the state,
it shall be the intent of this act that he shall so do, and only
purchase material for or hire such tests made as are neces-
sary for adequate and efficient service in the work of his
said office.

Sec. 18. The board of supervisors of each county having
appropriated or raised funds under this act may discontinue
the office, and discontinue the raising of further funds there-
under by a resolution of such board adopted by a majority
of the members thereof: Provided, however, That such ac-
tion shall not terminate the office or salary of any commis-
sioner elected thereunder until the expiration of his term of
office as provided herein: Provided further, That the said
office shall not be terminated except by a referendum yote
the same as is provided in section fifteen for its adoption.

Sec. 14. No funds appropriated or raised under this act
shall be used for contribution to agricultural societies or
any other purpose than that prescribed in this act: Provided,
however, That if such office and work should be discontinued

ORCHARDS AND VINEYARDS.

by resolution ef the board of supervisors, then in that case
all moneys remaining in such development fund shall there
upon be by such county treasurer transferred to the general
fund of such county: And provided further, That funds
raised under the act may, by resolution of the board of super-
visors or by order of said farm commissioner, be appropriated
or used to comply with and in co-operation with any state
or governmental requirements for agricultural development,
demonstration or experimental work in each county respec
tively.

Src. 15. The provisions of this act shall not apply in any
county of this state until the question of adopting the same
shall have been submitted to the qualified electors thereof.
Such question may be submitted either by resolution of the
board of supervisors or upon petition, signed by not less than
five per cent of the qualified electors resident in such county,
addressed to said board. Upon receipt of such petition it
shall be the duty of the board of supervisors to submit the
question at the first general election held after the meeting
of the board at which the petition is presented, or at a special
election called for that purpose. Ballots for the submission
of such question shall be prepared and distributed by the
same officers as are required by law to prepare and distribute
ballots for county elections, and the canvass and return of
the vote thereon shall be the same as is provided by law for
the canvass and return of the vote upon county officers.
If upon the canvass of the votes upon such question it shall
appear that a majority of the electors voting thereon, are in
favor of the adoption of the provisions of this act in their
respective counties, then this act shall be in full force and
effect in such county and not otherwise.

21
Further
proviso.
Referendum.

Ballots.

Fok:
eae ,

i~?
Ach

LIBRARY OF CONG

iiiinicniwiT th eh
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