sB 981
.AS
1917
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THE PLANT QUARANTINE ACT, AUGUST 20, 1912, AS AMENDED
MARCH 4, 1913, AND MARCH 4, 1917.

AN ACT To regulate the importation of nursery stock and other plants and plant
products ; to enable the Secretary of Agriculture to establish and maintain quarantine
districts for plant diseases and insect pests; to permit and. regulate the movement of
fruits, plants, and vegetables therefrom, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That it shall be unlawful for any
“person to import or offer for entry into the United States any nursery stock
unless and until a permit shall have been issued therefor by the Secretary of
Agriculture, under such conditions and regulations as the said Secretary of

_ Agriculture may prescribe, and unless such nursery stock shall be accompanied

_ by a certificate of inspection, in manner and form as required by the Secretary

of Agriculture, of the proper official of the country from which the importation

is made, to the effect that the stock has been thoroughly inspected and is be-
lieved to be free from injurious plant diseases and insect pests: Provided, That
the Secretary of Agriculture shall issue the permit for any particular importa-
tion of nursery stock when the conditions and regulations as prescribed in this
act shall have been complied with: Provided further, That nursery stock may
be imported for experimental or scientific purposes by the Department of Agri-
eulture upon such conditions and under such regulations as the said Secretary

_of Agriculture may prescribe: And provided further, That nursery stock imported
from countries where no official system of inspection for such stock is main-
tained may be admitted upon such conditions and under such regulations as the
Secretary of Agriculture may prescribe.

Sec. 2. That it shall be the duty of the Secretary of the Treasury promptly
to notify the Secretary of Agriculture of the arrival of any nursery stock at
port of entry; that the person receiving such stock at port of entry shall, im-
mediately upon entry and before such stock is delivered for shipment or re-
moved from the port of entry, advise the Secretary of Agriculture or, at his
direction, the proper State, Territorial, or District official of the State or Ter-
ritory or the District to which such nursery stock is destined, or both, as the
Secretary of Agriculture may elect, of the name and address of the consignee,
the nature and quantity of the stock it is proposed to ship, and the country and
locality where the same was grown. That no person shall ship or offer for ship-
ment from one State or Territory or District of the United States into any other
State or Territory or District, any nursery stock imported into the United
States without notifying the Secretary of Agriculture or, at his direction, the
proper State, Territorial, or District official of the State or Territory or Dis-
trict to which such nursery stock is destined, or both, as the Secretary of Agri-
culture may elect, immediately upon the delivery of the said stock for ship-
ment, of the name and address of the consignee, of the nature and quantity
of stock it is proposed to ship, and the country and locality where the same was
grown, unless and until such imported stock has been inspected by the proper
official of a State, Territory, or District of the United States.

Sec. 3. That no person shall import or offer for entry into the United States
any nursery stock unless the case, box, package, crate, bale, or bundle thereof
shall be plainly and correctly marked to show the general nature and quantity
of the contents, the country and locality where the same was grown, the name
and address of the shipper, owner, or person shipping or forwarding the same,
and the name and address of the consignee. j

Sec. 4, That no person shall ship or deliver for shipment from one State or
Territory or District of the United States into any other State or Territory or
District any such imported nursery stock the case, box, package, crate, bale, or
bundle whereof is not plainly marked so as to show the general nature and
quantity of the contents, the name and address of the consignee, and the country
and locality where such stock was grown, unless and until such imported stock

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y) PLANT QUARANTINE ACT. A Ai
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has been inspected by the proper official of a State, Territory, or District of

the United States. :

SEC. D. That whenever the Secretary of Agriculture shall determine that the
unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds,
or other plant products not included by the term “nursery stock” as defined
in section six of this act may result in the entry into the United States or any
of its Territories or District of injurious plant diseases or insect pests, he shall
promulgate his determination, specifying the class of plants and plant products
the importation of which shall be restricted and the country and locality where
they are grown, and thereafter, and until such promulgation is withdrawn, such
plants and plant products imported or offered for import into the United States
or any of its Territories or Districts shall be subject to all the provisions of
the foregoing sections of this act: Provided, That before the Secretary of Agri-
culture shall promulgate his determination that the unrestricted importation of
any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not
included by the term ‘nursery stock” as defined in section six of this act
may result in the entry into the United States or any of its Territories or Dis-
tricts of injurious plant diseases or insect pests he shall, after due notice, give
a public hearing, under such rules and regulations as he shall preseribe, at
which hearing any interested party may appear and be heard, either in person
or by attorney.

Sec. 6. That -for the purpose of this act the term ‘nursery stock” shall in-
clude all field-grown florists’ stock, trees, shrubs, vines, cuttings, grafts, scions,
buds, fruit pits and other seeds of fruit and ornamental trees or shrubs, and
other plants and plant products for propagation, except field, vegetable, and
flower seeds, bedding plants, and other herbacevus plants, bulbs, and roots. —

Sec. 7. That whenever, in-order to prevent the introduction into the United
States of any tree, plant, or fruit disease or of any injurious insect, new to or
not theretofore widely prevalent or distributed within and throughout the,
United States, the Secretary of Agriculture shall determine that it is necessary |
to forbid the importation into the United States of any class of nursery stock
or of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other
plant products from a country or locality where such disease or insect infesta-
tion exists, he shall promulgate such determination, specifying the country and
locality and the class of nursery stock or other class of plants, fruits, vegetables,
roots, bulbs, seeds, or other plant products which, in his opinion, should be
excluded. Following the promulgation of such determination by the Secretary
of Agriculture, and until the withdrawal of the said promulgation by him,
the importation of the class of nursery stock or of other class of plants, fruits,
vegetables, roots, bulbs, seeds, or other plant products specified in the said
promulgation from the country and locality therein named, regardless of the
use for which the same is intended, is hereby prohibited; and until the with-
drawal of the said promulgation by the Secretary of Agriculture, and notwith-
standing that such class of nursery stock, or other class of plants, fruits.
vegetables, roots, bulbs, seeds, or other plant products be accompanied by a
certificate of inspection from the country of importation, no person shall import
or offer for entry into the United States from any country or locality specified
in such promulgation, any of the class of nursery stock or of other class of
plants, fruits, vegetables, roots, bulbs, seeds, or other plant products named
therein, regardless of the use for which the same is intended: Provided, That
before the Secretary of Agriculture shall promulgate his determination that
it is necessary to forbid the importation into the United States of the articles
named in this section he shall, after due notice to interested parties, give a
public hearing, under such rules and regulations as he shall prescribe, at which
hearing any interested party may appear and be heard, either in person or by
attorney: Provided further, That the quarantine provisions of this section, as
applying to the white-pine blister rust, potato wart, and the Mediterranean
fruit fly, shall become and be effective upon the passage of this act: Provided
further, That hereafter any class of nursery stock or of any other class of
plants, fruits, vegetables, roots, bulbs, seeds, or other plant products of which
the importation may be forbidden from any country or locality under the pro-
visions of section seven of the Plant Quarantine Act approved August twentieth,
nineteen hundred and twelve (Thirty-seventh Statutes, page three hundred and
fifteen), may be imported for experimental or scientific purposes by the Depart-
ment of Agriculture upon such conditions and under such regulations as the
said Secretary of Agriculture may prescribe.

ape of: D.

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PLANT QUARANTINE ACT. eg

= Sec. 8. That the Secretary of Agriculture is authorized and directed to quar-
Tantine any State, Territory, or District of the United States, or any portion
thereof, when he shall determine that such quarantine is necessary to prevent
>the spread of a dangerous plant disease or insect infestation, new to or not
theretofore widely prevalent or distributed within and throughout the United
States; and the Secretary of Agriculture is directed to give notice of the estab-
lishment of such quarantine to common carriers doing business in or through
such quarantined area, and shall publish in such newspapers in the quarantined
-area as he shall select notice of the establishment of quarantine. That no per-
son shall ship or offer for shipment to any common carrier, nor shall any com-
mon carrier receive for transportation or transport, nor shall any person carry
or transport from any quarantined State or Territory or District of the United
States, or from any quarantined portion thereof, into or through any other
‘State or Territory or District, any class of nursery stock or any other class
-of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products, or any
class of stone or quarry products, or any other article of any character whatso-
ever, Capable of carrying any dangerous plant disease or insect infestation,
specified in the notice of quarantine except as hereinafter provided. That it
shall be unlawful to move, or allow to be moved, any class of nursery stock or
any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant
products, or any class of stone or quarry products or any other article of any
character whatsoever, capable of carrying any dangerous plant disease or insect
infestation, specified in the notice of quarantine hereinbefore provided, and
regardless of the use for which the same is intended, from any quarantined
State or Territory or District of the United States or quarantined portion
thereof, into or through any other State or Territory or District, in manner or
method or under conditions other than those prescribed by the Secretary of
Agriculture. That it shall be the duty of the Secretary of Agriculture, when the
publie interests will permit, to make and promulgate rules and regulations
whieh shall permit and govern the inspection, disinfection, certification, and
method and manner of delivery and shipment of the class of nursery stock or
of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant
products, or any class of stone or quarry products, or any other article of any
character whatsoever, capable of carrying any dangerous plant disease or insect
infestation, specified in the notice of quarantine hereinbefore provided, and re-
gardless of the use for which the same is intended, from a quarantined State or
Territory or District of the United States, or quarantined portion thereof, into
or through any other State or Territory or District; and the Secretary of Agri-
culture shall give notice of such rules and regulations as hereinbefore provided
in this section for the notice of the establishment of quarantine: Provided, That
before the Secretary of Agriculture shall promulgate his determination that it is
necessary to quarantine any State, Territory, or District of the United States,
or portion thereof, under the authority given in this section, he shall, after due
notice to interested parties, give a public hearing under such rules and regula-
tions as he shall prescribe, at which hearing any interested party may appear
and be heard, either in person or by attorney.

Sec. 9. That the Secretary of Agriculture shall make and promulgate such
Tules and regulations as may be necessary for carrying out the purposes of
this act.

Sec. 10. That any person who shall violate,any of the provisions of this act,
or who shall forge, counterfeit, alter, deface, or destroy any certificate provided
for in this act or in the regulations of the Secretary of Agriculture, shall be
deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished
by a fine not exceeding $500 or by imprisonment not exceeding one year, or both
such fine and imprisonment, in the discretion of the court: Provided, That no
common earrier shall be deemed to have violated the provisions of any of the
foregoing sections of this act on proof that such carrier did not knowingly re-
ceive for transportation or transport nursery stock or other plants or plant prod-
ucts as such from one State, Territory, or District of the United States into or
through any other State, Territory, or District; and it shall be the duty of the
United States attorneys diligently to prosecute any violations of this act which
are brought to their attention by the Secretary of Agriculture or which come to
their notice by other means.

Sec. 11. That 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, societies, and associations. When construing and en-
-forcing the provisions of this act, the act, omission, or failure of any officer,

SAU Oe eS TL a ee SS FUSE eee See a Oo i SO eee CIR ieee war tie geen)

LIBRARY OF CONGR ESS

| niin itil |
4 PLANT QUARANTINE . ACT. 0 020 973 { 01 0)

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 corpora
company, society, or association as well as that of the person.

shall be appointed by the Secretary of Agriculture from existing nee an
offices in the Department of Agriculture, including the Bureau of Entomology, t

any one bureau or office, and who shall serve without additional compensation. _

Sec. 13. That there is hereby appropriated, out of the moneys in the Treasu
not otherwise appropriated, to be expended as the Secretary of Agriculture m
direct, for the purposes and objects of this act, the sum of $25,000.

day of October, nineteen hundred and twelve, except as herein other S
provided.

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