.: ..... 1:'.
iaf. --Q. 48 Revision of Regulations.
,, Effective April 11, 1938.
. ... "".'.:: ........110E N" : "":4
i dStates Department of Agriculture
a bI?.:;I `U'tEAVU OF ENTOMOLOGY AND PLANT QUARANTINE
.... ; :: ::..;..'. ..
: JAPANESE BEETLE QUARANTINE
.. ."v.;.',: QUARANTINE NO. 48
: ,: ..REVISION OF REGULATIONS
1" INTRODUCTORY NOTE
St f change in the following revision of the regulations of the
quarantine is the inclusion in the regulated areas for the first
:of Schuyler County, N. Y., parts of the Ohio counties of Coshocton,
|^ summit, and parts of the West Virginia counties of Berkeley and
ac. nation is considered necessary because of the establishment of
.... .: beetle therein. Areas were also added to counties, parts of which
l under regulation, in the States of New York, Pennsylvania, Ohio,
a 4.:And Virginia. Lancaster County, Pa., has been added to the special
bggktion 5, sec. A (1) (ii)) from which the movement of fruits and
dr*W-,.tortruck or refrigerator car is regulated. Wheeling, W. Va.,
H.* Ohio, are brought under regulation and placed in the same
t'Suft o, Cleveland, and other outlying cities in that a certificate or
-ateqtnd in the movement of fruits and vegetables to these cities but
3 iaie placed on the interstate movement therefrom.
Interest to nurserymen is the elimination of restrictions on the movement
Il1atB emept during the period from June 15 to October 15, inclusive.
I :."Ofdetdosason the movement of sand are modified to exempt from cer-
t1Wult lea -sand, greensand, marl, "bird sand," "bird gravel," and pottery
1 Mle .from lm vegetable matter, and when labeled as to contents on the
..... ...'ISng .areas where Japanese beetle infestations have been found the
I'soifi are not included in the regulated area because of assurance
im-tates concerned that adequate measures will be taken to prevent the
1t|UW Me pest therefrom.
~L~d *, .SUMMARY
ttiss a certificate or permit has been issued, these regulations as now re-
d|bit the interstate shipment of green corn on the cob, beans in the
ain m entire bunches or in clusters of 25 or more, apples, peaches,
tbeflit, blneberries,-huckleberries, or raspberries from the regulated areas,
I uh points outside; and also prohibit (unless a certificate or permit
."issued) the interstate movement of all fruits and vegetables by re-
cay r or motortruck from the District of Columbia, the State of Dela-
M'pattis of the States of Maryland, New Jersey, Pennsylvania, and Vir-
i k1mu points outside the regulated areas as defined in regulation 3.
Mtor cars used for loading fruits and vegetables, other than onions and
'ip such area must, prior to loading, be cleaned by the common carrier
"tightly dosed and sealed during the interval between cleaning and
Onions and potatoes must be fumigated in the car when such action
is deemed necessary by the inspector, and doors and hatches of the cars must
be closed or screened. For other details and exceptions see regulation 5.
The regulations -also prohibit the interstate shipment of plants, sand, soil,
earth, peat, compost, and manure from any part of the regulated areas to or
through any outside point throughout the year unless a Federal permit or cer-
tificate has been secured. Portions of plants and cut flowers are restricted
interstate movement only between June 15 and October 15, inclusive. For
details and exceptions see regulations 6 and 7.
The regulated areas include the District of Columbia, the entire States of
Connecticut, Delaware, Massachusetts, New Jersey, and Rhode Island, and
parts of the States of Maine, Maryland, New Hampshire, New York, Ohio,
Pennsylvania, Vermont, Virginia, and West Virginia. The boundaries are shown
in regulation 3.
These regulations also place certain restrictions to protect restricted articles
from infestation while in transit, require thorough cleaning of vehicles and
containers which have been used in transporting restricted products, and pro-
vide other safeguards and conditions as specified in regulations 8 to 13, inclusive.
To secure permits and certificates, address the Bureau of Entomology and
Plant Quarantine, 266 Glenwood Avenue, Bloomfield, N. J., or the nearest branch
office listed in the appendix.
AVERY S. HOYT,
Acting Chief, Bureau of Entomology and Pla/nt Quarantine.
NOTICE OF QUARANTINE NO. 48 (TWELFTH REVISION)
(Approved March 1, 1937; effective March 1, 1937)
I, H. A. Wallace, Secretary of Agriculture, have determined that it is necessary
to quarantine the States of Connecticut, Delaware, Maine, Maryland, Massa-
chusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode-
Island, Vermont, Virginia, and WVest Virginia, and the District of Columbia,
to prevent the spread of the Japanese beetle (Popillia japonica Newm.), a
dangerous insect new to and not heretofore widely prevalent or distributed within
and throughout the United States.
Now, therefore, under authority conferred by section 8 of the Plant Quarantine
Act of August 20, 1912 (37 Stat. 315), as amended by the act of Congress
approved March 4, 19,17 (39 Stat. 1134, 1165), and having duly given the public
hearing required thereby, I do quarantine the said States of Connecticut, Dela-
ware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia, and
the District of Columbia, effective on and after March 1, 1937. Hereafter,
under the authority of said act of August 20, 1912, amended as aforesaid (1)
fruits and vegetables; (2) nursery, ornamental, and greenhouse stock, and other
plants; and (3) sand, soil, earth, peat, compost, and manure shall not be shipped,
offered for shipment to a common carrier, received for transportation or trans-
ported by a common carrier, or carried, transported, moved, or allowed to be
moved from any of said quarantined States- or District into or through
any other State or Territory or District of the United States in manner
or method or under conditions other than those prescribed in the rules
and regulations hereinafter made and amendments thereto: Provided, That
the restrictions of this quarantine and of the rules and regulations supplemental
Sthereto may be limited to the areas in a quarantined State now, or which may
hereafter be, designated by the Secretary of Agriculture as regulated areas when,
in the judgment of the Secretary of Agriculture, the enforcement of the afore-
said rules and regulations as to such regulated areas shall be adequate to prevent
the spread of the Japanese beetle: Provided further, That such limitations shall
be conditioned upon the said State providing for and enforcing such control
measures with respect to such regulated areas as, in the judgment of the Secre-
tary of Agriculture, shall be deemed adequate to prevent the spread of the
Japanese beetle therefrom to other parts of the State: And provided further,
That certain articles classed as restricted herein may, because of the nature of
their growth or production or their manufactured or processed condition, be
exempted by administrative instructions issued by the Chief of the Bureau of
.*'E'!:: H riEEE::l i 3'.
i,. ]to.ology and Plant Quarantine when, in his judgment, such articles are
considered innocuous as carriers of infestation.
1. .......i Done at the city of Washington this 1st day of March 1937.
SSWitness my hand and the seal of the United States Depart-
.,. fi/^ment of Agriculture.
H. A. WALLACE,
g. SSjs:v Secretary of Agriculture.
RULES AND REGULATIONS (SIXTEENTH REVISION), SUPPLEMENTAL
TO NOTICE OF QUARANTINE NO. 48
(Approved April 6, 1938; effective April 11, 1938)
1 Regulation 1. Definitions
; br the purpose of these regulations the following words, names, and terms
ailo lbe construed, respectively, to mean:
(a) Japanese beetle.-The insect known as the Japanese beetle (Popillia
ftsyMoca Newm.), in any stage of development.
: (Lb4) The terms "infested," "infestation," and the like, relate to infestation with
,o e Japanese beetle.
(c) Quarantined area.-Any State or District quarantined by the Secretary of
E"l" Agriulture to prevent the spread of the Japanese beetle.
:' (4."d) Regulated area.-Any area in a quarantined State or District which is
DWw, or which may hereafter be, designated as such by the Secretary of Agri-
culture in accordance with the provisos to Notice of Quarantine No. 48, as
::* (e) nrsits and vegetables.-For the list of restricted fruits and vegetables
. .. .. ee : regulation 5.
i:: .. t) Nursery and ornamental stock.-Nursery, ornamental, and greenhouse
; stock, and all other plants, plant roots, cut flowers, or other portions of plants.
S'" "Ag) Sand, soil, earth, peat, compost, and manure.-Sand, soil, earth, peat,
.. compost, or manure of any kind and as to either bulk movement or in connection
w" ith farm products or nursery and ornamental stock.
.!;..'(A) Certified sand, soil, earth, peat, compost, and manure.-Sand, soil, earth,
-f, : peat, compost, or manure determined by the inspector .as uninfested and so
I;!; '(j) Certified greenhouse.-A greenhouse or similar establishment which has
jHH;7: complied to the satisfaction of the inspector with the conditions imposed in
r. regulation 6. This term may apply also to potting beds, heeling-in areas, hotbeds,
: coldframes, or similar plots or to storage houses, packing sheds, or stores treated
.. : or Otherwise safeguarded in manner and method satisfactory to the inspector.
f.i Inspector.-An inspector of the United States Department of Agriculture.
.i (A,) Moved or allowed to be moved interstate.-Shipped, offered for shipment
S tp a common carrier, received for transportation or transported by a common
i| carrier, or carried, transported, moved, or allowed to be moved from one State
S or Territory or District of the United States into or through any other State
!*^ or Territory or District.
Regulation 2. Limitation of Restrictions to Regulated Areas
Conditioned upon the compliance on the part of the State concerned with the
proviSos to Notice of Quarantine No. 48 (twelfth revision), the restrictions pro-
S vided in these regulations on the interstate movement of plants and plant
:: products and other articles enumerated in said notice of quarantine will be
: limited to such movement from the areas in such State now or hereafter desig-
rm ated by the Secretary of Agriculture as regulated areas.
':l *Regulation 3. Regulated Areas
Hd~ ii.!:: ......
In" accordance with the provisos to Notice of Quarantine No. 48 (twelfth
SH rev4I on), the Secretary of Agriculture designates as regulated areas for the
.: purpose of these regulations the States, District, counties, townships, towns,
4 m.... .....! .
.... ..'.. .....
cities, election districts, and magisterial districts listed below, including all
cities, towns, boroughs, or other political subdivisions within their limits:
Connecticut.-The entire State.
Delaware.-The entire State.
District of Columbia.-The entire District.
Maine.-County of York; towns of Auburn and Lewiston, in Androstcoggin
County; towns of Cape Elizabeth, Gorham, Gray, New Gloucester, Raymond,
Scarboro, Standish, and the cities of Portland, South Portland, Westbrook,
and Windham, in Cumberland County; the city of Waterville, in Ken ebec
County; and the city of Brewer, in Penobscot County.
Maryland.-Counties of Cecil, Kent, Queen Annes, Somerset, and Worcester;
the city of Baltimore; the city of Cumberland, the town of Frostburg, and
election districts Nos. 4, 5, 6, 7, 11, 12, 14, 22, 23, 24, 26, 29, 31, and 32, in
Allegany County; the city of Annapolis and election districts Nos. 3, 4,
and 5, in Anne Arundel County; election districts Nos. 1, 2, 3, 9, 11, 12,
13, 14, and 15, and that portion of election district No. 8 lying south- of
Shawan, Beaver Dam, and Sherwood Roads, in Baltimore County; all of
Caroline County except election districts of Hillsboro (No. 6), American Corners
(No. 8), and Preston (No. 4) ; the city of Westminster, and election district of
Freedom (No. 5), in Carroll County; election districts of White Plains and
La Plata, in Charles County; election district of Cambridge (No. 7), in Dor-
chester County; election districts of Buckeystown (No. 1), Frederick (No. 2),
New Market (No. 9), Petersville (No. 12), and Brunswick (No. 25), in Fred-
erick County; County of Harford, except election district of Marshall (No. 4);
election districts of Elkridge (No. 1), Ellicott City (No. 2), and West Friend-
ship (No. 3), in Howard County, and the right-of-way of United States High-
way No. 1 through the election district of Guilford (No. 6), in said county;
all of Prince Georges County except the election districts of Nottingham and
Aquasco; that part of Montgomery County located within the established
boundaries of the so-called "Washington Suburban Sanitary District;" towns of
Easton and Oxford, in Talbot County; election districts of Sharpsburg (No. 1),
Williamsport (No. 2), Hagerstown (Nos. 3, 17, 21, 22, 24, and 25), Leitersburg
(No. 9), Sandy Hook (No. 11), and Halfway (No. 26), in Washington County;
election districts of Pittsburg (No. 4), Parsons (No. 5), Dennis (No. 6), Trappe
(No. 7), Nutters (No. 8), Salisbury (No. 9), Delmar (No. 11), Camden (No.
13), Willards (No. 14), and Fruitland (No. 16), in Wicomnico County.
Massachlusetts.-The entire State.
New Hampshire.-Counties of Belknap, Cheshire, Hillsboro, Merrimack, Rock-
ingham, Strafford, and Sullivan; towns of Brookfield, Eaton, Effingham, Free-
doin, Madison, Moultonboro, Ossipee, Sandwich, Tamworth, Tuftonboro, Wake-
field, and Wolfeboro, in Carroll County; towns of Alexandria, Ashland, Bridge-
water, Bristol, Canaan, Dorchester, Enfield, Grafton, Groton, Hanover, Hebron,
Holderness, Lebanon, Lyme, Orange, and Plymouth, in Grafton County.
New Jersey.-The entire State.
New York.-Counties of Albany, Bronx, Broome, Chemung, Chenango, Colum-
bia, Cortland, Delaware, Dutchess, Fulton, Greene, Kings, Madison, Montgomery,
Nassau, New York, Oneida, Onondaga, Orange, Otsego, Putnam, Queens, Rens-
selaer, Richmond, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Tioga,
Ulster, Rockland, Washington, and Westchester; towns of Red House and
Salamanca, and the city of Salamanca, in Cattaraugus County; towns of Tona-
wanda, Amherst, and Cheektowaga, and the cities of Buffalo and Lackawanna,
in Erie County; towns of Columbia, Danube, Fairfield, Frankfort, German Flats,
Herkimer, Litchfield, Little Falls, Manheim, Newport, Salisbury, Schuyler, Stark,
Warren, and Winfield, and the city of Little Falls, in Herkimer County; towns
of Catherine, Cayuta, Dix, Hector, Montour, and Reading, and the Borough of
Watkins Glen, in Schuyler County; towns of Caton, Corning, and Hornby, and
the city of Corning, in Steuben County; towns of Caroline, Danby, Dryden,
Enfield, Ithaca, Newfield, and the city of Ithaca, in Tompkins County; towns of
Luzerne and Queensbury and the city of Glens Falls, in Warren County. -
Ohio.-Counties of Columbiana and Mahoning; townships of Augusta, Brown,
and East, in Carroll County; the city of Coshocton, in Goshocton County; the
city of Cleveland, in Cuyahoga County; the city of Columbus, in Pranklin
County, townships of Cross Creek, Island Creek, Knox, Saline, Steubenville,
and Wells, and the city of Steubenville, in Jefferson County; the city of Toledo,
in Lucas County; townships of Atwater, Brimfield, Charlestown, Deerfield,
Edlnburg, Franklin, Palmyra, Paris, Randolph, Ravenna, Rootstown, and Suf-
:7"..,'::" 3" 1.
i SI:A "i Portage County; all of Stark County, except the townships of Lawrence,
!::: r Creek, and Tuscarawas; and the townships of Bath, Copley, Coventry,
ai.ink,.lin, Green, Northampton, Norton, Portage, Springfield, Stow, and Tall-
InA. g, and the cities of Akron, Barberton, and Cuyahoga Falls, in Summit
P ... nssylvania.-The entire State, except Crawford, Erie, Forest, Mercer, and
Vm naxo Counties; Mercer Township in Butler County; Ashland, Beaver, Elk,
(nd (including the boroughs of Foxburg and St. Petersburg), Salem, and
Wys i nstlogtn Townships, in Clarion County, and townships of Brokenstraw,
0h4 S'Grove, Columbus, Conewango, Deerfield, Eldred, Farmingtou, Freehold,
S'S e, Pine Grove, Pittsfield, Pleasant, Southwest, Spring Creek, Sugar
:0 R.6.Triumph, Watson (including the boroughs of Bear Lake, Grand Val-
H:. ,"gar Grove, Tidioute, and Youngsville), in Warren County.
..,. Iasland.-The entire State.
V, soewot..-Counties of Bennington, Rutland, Windham, and Windsor; and
tM. town-of Burlington, in Chittenden .County.
ynia.----Counties of Accomac, Arlington, Culpeper, Elizabeth City, Fairfax,
... ualer, Henrico, Loudoun, Norfolk, Northampton, Prince William, Princess
SWae, and .Stafford; magisterial districts of Dale and Manchester, in Ohester-
is.s- C'ounty; magisterial district of Sleepy Hole, in Nansenmond County; Camp
ftart- in Warwick County; and the cities of Alexandria, Fredericksburg,
I.M mpton, Newport News, Norfolk, Portsmouth, Richmond, South Norfolk, and
S West Virginia.-Counties of Hancock, Harrison, Marion, Monongalia, and
Flo:;'r districts of Hedgesville, Falling Waters, and Opequon, in Berkeley
l.lis..... l; the towns of Bolivar and Harpers Ferry, in Jefferson County; town of
6 yi:;l er and district of Frankfort, in Mineral County; the city of Wheeling,
Sii. Qiio County; and the city of Parkersburg, in Wood County.
S.|::..* Regulation 4. Extension or Reduction of Regulated Areas
r[. ErflG regulated areas designated in regulation 3 may be extended or reduced
K.S.f.ly be found advisable by the Secretary of Agriculture. Due notice of
|iqi"gl-tension or reduction and the areas affected thereby will be given in
ril: .. to the transportation companies doing business in or through the
|::.Stattes in which such areas are located and by publication in one or more
||b..1.e.areas affected are located.
S...;. IRegulation 5. Restrictions on the Movement of Fruits and Vegetables
SECTION A. CONTROL OF MOVEMENT
S.'(i.) Unles a certificate or permit shall have been issued therefore, by an
spector, except as provided in paragraphs (a) to (e), inclusive, of this section:
t (4) ::No green corn on the cob, beans in the pod, bananas in entire bunches or
i7: -ii lMusters of 25 or more, apples, peaches, blackberries, blueberries, huckle-
I benes, or raspberries shall be moved or allowed to be moved interstate from
ra sly regulated area to or through any point outside thereof; and (it) no fruits
m1.i vegetables of any kind shall be moved or allowed to be moved interstate
Sft- refrigerator car or motortruck from the State, District, counties, election
E Sebhu or city listed below to or through any point outside of the regulated
Delaware.-The entire State.
:i.f.. ict of Columbia.-The entire District.
MrC and.--Counties of Cecil, Kent, Queen Annes, Somerset, and Worcester;
the city of Baltimore; all of Caroline County except election districts of Hills-
boroe (No. 6), American Corners (No. 8), and Preston (No. 4); election dis-
tflet of Cambridge (No. 7), in Dorchester County; and election districts of
Pttshurg (No. 4), Parsons (No. 5), Dennis (No. 6), Trappe (No. 7), Nutters
6Uia. 8), Salisbury (No. 9), Delmar (No. 11), Camden (No. 13), Willards (No.
h 1), and Fruitland (No. 16), in Wiconmico County.
S ein Jersey.-Counties of Atlantic, Burlington, Camden, Cape May, Cumber-
In&, Gloucester, Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Salem,
Somerset, and Union.
Pennsylvania.-Counties of Bucks, Chester, Delaware, Lancaster, Montgomery,
Virginia.-Counties of Accomac, Arlington, and Northampton.
Provided, That the Chief of the Bureau of Entomology and Plant Quarantine
may by administrative instructions extend or reduce the areas specified in this
regulation when in his judgment such action is considered advisable.
(a) No restrictions are placed on the interstate movement of fruits and vege-
tables between October 16 and June 14, inclusive.
(b) No certificate will be required for the interstate movement of fruits
and vegetables on a through bill of lading either from an area not under
regulation through a regulated area to another nonregulated area, or from a
regulated area through a nonregulated area to another regulated area, except
that a certificate is required for interstate movement to Brewer and Water-
ville, Maine; Buffalo, N. Y., or to the other regulated parts of Erie County,
N. Y.; Cleveland, Columbus, Coshocton, and Toledo, Ohio; Burlington, Vt.; and
Parkersburg and Wheeling, W. Va. No restrictions are placed on the interstate
movement of fruits and vegetables from Brewer and Waterville, Maine; Buffalo,
N. Y., or from other parts of Erie County, N. Y.; Cleveland, Columbus, Coshoc-
ton, and Toledo, Ohio; Burlington, Vt.; and Parkersburg and Wheeling, W. Va.
(c) No restrictions are placed on the interstate movement of fruits and vege-
tables when they shall have been manufactured or processed in such a manner
that in the judgment of the inspector no infestation could be transmitted.
(d) No restrictions are placed on the interstate movement of any shipments
of apples or peaches of less than 15 pounds to the shipment or of bananas
other than in entire bunches or in clusters of 25 or more.
(e) No restrictions are placed on the interstate movement of commercially
packed apples in any quantity, except those moving via refrigerator cars :or
motor vehicles from the State, District, counties, election districts, or city
listed in paragraph (1) (ii) of this section.
(2) No restrictions are placed on the interstate shipment from the regulated
areas of fruits and vegetables other than those mentioned above, except that
any such interstate shipments of fruits and vegetables may be inspected
at any time or place inside or outside the regulated areas and when actually
found to involve danger of dissemination of Japanese beetle to uninfested
localities, measures to eliminate infestation may be required as a condition of
further transportation or delivery.
SECTION B. CONDITIONS OF CERTIFICATION
Certificates may be issued for the interstate movement of fruits and vege-
tables to points outside the regulated areas between June 15 and October 15,
inclusive, under one of the following conditions:
(1) When the fruits and vegetables, moving from a point in the regulated
area other than the State, District, counties, election districts, or city listed
in paragraph (1) (ii) of this regulation, or moving from such designated State,
District, counties, election districts, or city other than by refrigerator car,
have actually been inspected by the United States Department of Agriculture
and found free from infestation. The number of inspection points for such
certification will be limited and their location determined by shipping needs
and further conditioned on the establishment at such points of provisions satis-
factory to the inspector for the handling and safeguarding of such shipments
during inspection. Such inspection may be discontinued and certification
withheld by the inspector during periods of general or unusual flight of the
(2) When the fruits and vegetables have been handled or treated under
the supervision of an inspector in manner and by method to free them from
(3) When the fruits and vegetables have originated outside of the regu-
lated areas and are to be reshipped directly from freight yards, transfer points,
or unloading docks within such areas, under provisions satisfactory to the
inspector for the safeguarding of such shipments pending certification and
reshipment. Certificates on this basis will be issued without inspection only
in cases where, in the judgment of the inspector, the shipments concerned have
not been exposed to infestation while within such freight yards, transfer
points, or unloading docks.
(4) When the fruits and vegetables were grown in districts where the fact
has been established to the satisfaction of the inspector that no infestation
nwm Mm are to be shipped directly from the farms where grown to points
outiiE de the regulated areas, or are shipped from infested districts where
fite fact has been established to the satisfaction of the inspector that the
Japanese beetle has not begun or has ceased its flight.
-(5) When the fruits and vegetables other than onions and potatoes, moving
" Tl refrigerator car from the State, District, counties, election districts, or
c.ity listed in paragraph (1) (ii) of this regulation, have been inspected and
loaded in a manner to prevent infestation, in a refrigerator car with closed or
quately screened doors and hatches, which car prior to loading has been
Aleimined by an inspector as thoroughly swept and cleaned by the common
ogrier in a manner to rid it of infestation. During the interval between
..iia:Cik ng and loading such refrigerator car must be tightly closed and sealed.
PH (6) When the onions or potatoes moving via refrigerator car from the
State, District, counties, election districts, or city listed in this regulation
b:aSve been fumigated in the car, when deemed necessary in the judgment of
[the' inspector and when the doors and hatches of the car have been tightly
.i0used or adequately screened under the supervision of an inspector.
'Regulation 6. Restrictions on the Movement of Nursery and Ornamental Stock
SECTION A. CONTROL OF MOVEMENT
nurseryy and ornamental stock as defined in regulation 1, shall not be moved
* or bilowed to be moved interstate from the regulated areas to or through any
point outside thereof, unless a certificate or permit shall have been issued
t:::therefor by the inspector except as follows:
'. ~True bulbs, corms, and tubers, when dormant, except for storage growth,
iind when free from soil, are exempt from the requirement of certification,
except that this exemption does not apply to dahlia tubers.
:!i:!.. (2) No restrictions are placed on the interstate movement of nursery and
ornamental stock imported from foreign countries when reshipped from the
prt of entry in the unopened original container and labeled as to each con-
"itaner with a copy certificate of the country from which it was exported, a
W ement of the general nature and quantity of the contents, the name and
1o of the consignee, and the country and locality where grown.
J .No restrictions are placed on the interstate movement between October
'd June 14, inclusive, of cut flowers, aquatic plants, and of portions of
t without roots and free from soil (such as branches and twigs of trees
shrubs, scions, Christmas trees, holly, laurel, and sphagnum moss).
<- i No certificate or permit will be required for the interstate movement of
... .. and ornamental stock when transported by a common carrier on a
i bill of lading either from au area not under regulation through a
ated area, or from a regulated area through a nonregulated area to
i regulated area.
ElEB. CONDITIONS GOVERNING THE ISSUANCE OF CERTIFICATES AND PERMITS
the purpose of certification of nursery and ornamental stock, nurseries,
.ouses, and other premises concerned in the movement of such stock will
Jlj sified as follows:
:1) Claes I.-Nurseries, greenhouses, and other premises concerned in the
vemeit of nursery and ornamental stock on or within approximately 500
Sof which no infestation has been found may be classified as class I. Upon
pliance with the requirements of subsection (6) of this section, nursery
ornamental stock may be certified by the inspector for shipment from such
s without further inspection, and without meeting the safeguards pre-
.i..ribed as a condition of interstate shipment of plants originating in nurseries
i;D" greenhouses of class III.
i (2) Class III.-(a) Nurseries, greenhouses, and other premises concerned
3. the movement of nursery and ornamental stock on which either grubs in the
mcioS or one or more beetles have been found, will be classified as class III.
Such classification also may be given to nurseries, etc., in localities known to
tiKS generally infested where one or more beetles or grubs are found in the
iu~mediate proximity (within approximately 500 feet) of such nurseries, etc.,
|en adjacent property or properties. In the case of nursery properties, under
|n -ownership and management, but represented by parcels of land widely
Such parcels may be independently classified either as class I or
I:" E! ""
.. A. .:
class III upon compliance with such eoaditie=u and __t. i"i..... m She
required by the inspector. Similarly, unit nursery properties, which w d .....
otherwise fall in class III, may be open to subdivision, for the purpose of
rating such subdivisions in classes I or III, when in the judgment of the
inspector such action is warranted by recent and scanty infestation limited
to a portion of the nursery concerned: Provided, That the subdivision contain-
ing the infestation shall be clearly marked by boundaries of a permanent
nature which shall be approximately 500 feet beyond the point where the
(b) Upon compliance with subsections (3) and (6) of this section, nursery
and ornamental stock may be certified by the inspector for shipment from
such premises under any one of the following conditions: (i) That the roots
shall be treated by means approved by the Bureau of Entomology and Plant
Quarantine in manner and by method satisfactory to the inspector; or (R)
in the case of plants in which the root system is such that a thorough inspec-
tion may be made, that the soil shall be entirely removed from the stock by
shaking or washing; or (iii) that it shall be shown by evidence WMf.fmt .
the inspector that the plants concerned were produced in a certified greenhouse. .!
(3) Greenhouses of class III may be certified upon compliance with all the
following conditions with respect to the greenhouses themselves and to all
potting beds, heeling-in areas, hotbeds, coldframes, and similar plots:
(a) Ventilators, doors, and all other openings in greenhouses or coldframes
on premises in class III shall be kept screened in manner satisfactory to the
inspector during the period of flight of the beetle, namely, south of the northern
boundaries of Maryland and Delaware between June 1 and October 1, inclusive,
or north thereof between June 15 and October 15, inclusive.
(b) Prior to introduction into nurseries or greenhouses, sand, ifCoxtdJ -::ri
uated with vegetable matter, soil, earth, peat, compost, or manure ta]keaf th
infested locations or which may have been exposed to infestation, m1it:.....'A*
sterilized or fumigated under the direction and supervision of, and in ) faIa <*
and by method satisfactory to the inspector. If such sand, soil, e tk ':- ..
compost, or manure is not to be immediately used in such greenhouses, 5t..*it '&^
be protected from possible infestation in manner and by method ftgla, ,.w!
to the inspector. ..
(c) All potted plants placed in certified greenhouses of clasg 1.I: a ,N :ob
potted plants to be certified for interstate movement therefrom (if shp it:v<
potted in certified soil; (i) shall, if grown outdoors south of tihe iienu :i ,
boundaries of Maryland and Delaware at any time between June 1 n&1,'4 :
tober 1, inclusive, or north thereof at any time between June 15 and-Octl| W
15, inclusive, be kept in screened frames while outdoors; (ii) shall, if.-I':l M
outdoors during any part of the year, be placed in beds in which the 4et L,
other material shall have been treated in manner and by method ipi",,
by the Bureau of Entomology and Plant Quarantine to eliminate infesta8r; ^^^
and (iv) shall comply with such other safeguards as may be required .*. .:.
(4) Cut flowers and other parts of plants without roots or soil "i3i
certified for movement either (a) when they have been inspected by f't .: ..
spector and found free from infestation, or (b) when they have been grw .$iis
a greenhouse of class I or in a certified greenhouse of class III andrtwrl :
transported under such safeguards as will in the judgment of the inspw .r :
prevent infestation. (See also sec. A (3) of this regulation.) : 'I
(5) Nursery and ornamental stock originating on or moved from unclassified
premises may be certified by the inspector under either one of the following* ;;:.
conditions: (a) That the soil shall be entirely removed from the stock, or (b) :::
that the roots shall be treated by means approved by the Bureau of Entomology
and Plant Quarantine in manner and by method satisfactory to the inspector, :
or (c) that it shall be shown by evidence satisfactory to the inspector that the n
accompanying soil was obtained at such points and under such conditions that
in his judgment no infestation could exist therein. .
(6) Nurserymen, florists, dealers, and others, in order to maintain tHeir
classified status, (a) shall restrict their purchases or receipts of nursery and |
ornamental stock, sand, if contaminated with vegetable matter, soil, earth, ,i
peat, compost, and manure within the regulated area to articles which have :
been certified under these regulations as to each such article and the said cer-
tificate shall accompany the articles when moved; (b) shall obtain approval
of the inspector before such articles are received on their premises or moved
from the open on their own premises into certified greenhouses; and : : a) :,ii
also report immediately in writing all purchases or receipts of such articles
secured from within the regulated area. Nurserymen, florists, dealers, and
others whose premises are classified as class III shall, in addition, report im-
mediately on forms provided for that purpose all their sales or shipments of
such articles both to points outside the regulated areas and to other classified
nurseries or greenhouses within the regulated areas. Certification may be
denied to any person who has omitted to make the report or reports required
by this regulation, and such denial of certification shall continue until the
information so omitted 4as been supplied.
(7) Nursery and ornamental stock imported from foreign countries and not
reshipped from the port of entry in the unopened original container may be
certified for movement under these regulations when such stock has been in-
spected by an inspector and found free from infestation.
(8) Nursery and ornamental stock originating outside the regulated areas
and certified stock originating in classified nurseries or greenhouses may be
certified for reshipment from premises other than those on which they origi-
nated, under provisions satisfactory to the inspector for the safeguarding of
such stock from infestation at the point of reshipment and en route, and when
found advisable by the inspector, after reinspection and determination of
freedom from infestation.
Regulation 7. Restrictions on the Movement of Sand, Soil, Earth, Peat Compost,
SECTION A. CONTROL OF MOVEMENT
Sand, soil, earth, peat, compost, and manure shall not be moved or allowed
to be moved interstate from any point in the regulated areas to or through
any point outside thereof unless a certificate or permit shall have been issued
therefore by the inspector, except as follows:
(1) No restrictions are placed on the interstate movement of (a) sand for
construction purposes, silica sand, greensand, marl, "bird sand," "bird gravel,"
and pottery clay, when free from vegetable matter; (b) such other sands as
have been treated or processed and subsequently handled in such manner that
in the judgment of the inspector no Japanese beetle could exist therein, provided
that each container of such article shall be labeled on the outside thereof as to
nature of contents, except that in case of bulk shipments such label shall
accompany the waybill or other shipping papers; and (c) ground, dried, im-
ported peat in packages of 5 pounds or less to the package.
(2) No restrictions are placed on the interstate movement of sand, soil, earth,
peat, compost, and manure imported from foreign countries when reshipped
from the port of entry in the unopened original container and labeled as to
each container with the country of origin, and when the shipment is further
protected in manner or method satisfactory to the inspector.
(3) No certificate will be required for the interstate movement of sand, soil,
earth, peat, compost, and manure when transported by a common carrier on
a through bill of lading either from an area not under regulation through a
regulated area, or from a regulated area through a nonregulated area to
another regulated area.
SECTION B. CONDITIONS OF CERTIFICATION
Certificates for the movement of restricted sand, soil, earth, peat, compost,
and manure may be issued under any one of the following conditions:
(1) When the articles to be moved have originated in districts included in
the regulated area, but in which neither beetles nor grubs in soil have been
(2) When the material consists of fresh manure or of mined, dredged, or
other similar materials, and it has been determined by an inspector that 1no
infestation could exist therein.
I (3) When the material has been removed, under the supervision of an in-
S spector, from a depth of more than 12 inches below the surface of the ground
S and either (a) is to be moved between October 16 and June 14, inclusive, or (b)
is loaded and shipped at points where it has been determined by an inspector
that no general infestation of adult beetles exists, or (c) when the cars and
loading operations are protected by screening under the direction of and in
manner and by method satisfactory to the inspector.
(4) When the material has been fumigated with carbon disaniphidegio ttrs. ioifiii
wise treated under the supervision of and in manner and by met-m lhad NS
tory to the inspector. Such fumigation or treatment will be squhXt.lus. .
condition of certification of all restricted sand, soil, earth, peat, eonia ,Sa
manure, except such as is loaded and shipped in compliance with ,r.K
(1). (2), or (3) hereof. 5 ;.. ^ :t -. *
.. ........ ..i
.j.:.: -i. ': ; :.:. : .....
Regulation 8. Conditions Governing the Protection of Restricted Articlek .R:raa i
Infestation While in Transit .. ;'" -
1.. 7. .... !
.. *^.. -,W,. L;" i.....
Fruits and vegetables, nursery and ornamental stock, and sand, op, :'
peat, compost, and manure, moving interstate from or through the>t... :I.::.
areas to points outside thereof between June 15 and October 15, inelueh".:4a1.1.
at all times while they are in the regulated areas be screened, eovered-
wise protected in manner or method satisfactory to the inspector for. ....
the articles from infestation. ::h: ..it.. N
Trucks or other road vehicles transporting restricted articles mag. ipA M:
by the inspector at the point of inspection, and all such seals shall renmaiq .i..t
as long as the vehicle is en route within the regulated area. .
: "" ..~ ?~:: l**:. .. *
Regulation 9. Marking and Certification a Condition of Interstate .
Transportation ...., ..
(a) Every car, vehicle, box, basket, or other container of the articles limtI. "
the interstate movement of which is restricted in regulations 5, 6, a 7d 7. shal .
be plainly marked with the name and address of the consignor and the .l '
and address of the consignee, and shall have securely attached to :.fh, : ||
thereof a valid certificate or permit issued in compliance with these Xel.
In the case of lot shipments by freight, one certificate attached to o&4*1
containers and another certificate attached to the waybill will be suf ltf r ;
(b) In the case of bulk carload shipments by rail, the certificate shall'
pany the waybill, conductor's manifest, memorandum, or bill of lading
to such shipment, and in addition each car shall have securely attacheI W
outside thereof a placard showing the number of the certificate or.
accompanying the waybill. ..:,, "::
(c) In the case of shipment by road vehicle, the certificates shall.a.i g
the vehicle. / .: *4,.*ffrii '
(d) Certificates shall be surrendered to the consignee upon deliverj|iW. 72,2
shipment. : i
.. :: ... .. : i .!i. !,.
Regulation 10. General Conditions Governing Inspection and Issua .i (i:,.
Certificates and Permits ". "
5"" :: :i ::i::".....
(a) Persons intending to move or allow to be moved interstate a. i. .. iii:.
articles the movement of which is restricted in regulations 5, 6, and 7, *...!.
application for inspection and certification as far as possible in adva*.m,' ..
probable date of shipment, specifying in the application the article and.ill.. :
to be shipped, method of shipment, name and address of the consignor, .ti|i
and address of the consignee. .....?: .:
(b) Applicants for inspection will be required to assemble the articles A5jrA .t
points as the inspector shall designate and so to place them that inspection may '
readily be made; if not so placed, inspection may be refused. AUll chargeS to t :
storage, cartage, and labor incident to inspection, other than the seri.lflhCe ::::iii:
inspector, shall be paid by the shipper. .' ".. .....
(c) Certificates and permits shall be used in connection with the trasa'tln f
of only those articles intended to be covered thereby. :,::,..i..:
(d) Where the apparent absolute freedom from infestation of any t..tha..
articles enumerated cannot be determined by the inspector, certificatioUi'n.w..ei
refused. ..:.' ::" .
(e) Permits may be issued for the interstate movement of restricted .p
by truck or other road vehicle from a regulated area through a '
area to another regulated area except that permits issued for the ;ii
of fruits and vegetables from the State, District, counties, election uISatfiW
city listed in regulation 5, section A, (1) (ii), shall be limited to gr ll,
on the cob, beans in the pod, bananas in entire bunches or in clusteit4 W:
more, apples, peaches, blackberries, blueberries, huckleberries, or .-1i
Fruits and vegetables other than the above-named commodities may ..........
from the State, District, counties, election districts, or city listed in regulation 5,
section A, (1). (ii), only under certification.
Regulation 11. Cancelation of Certificates
S Certificates issued under these regulations may be withdrawn or canceled by
Sthe inspector and further certification refused, either for any failure of com-
Spliance with the conditions of these regulations or violation of them, or whenever
in the judgment of the inspector the further use of such certificates might result
: in the dissemination of infestation.
Regulation 12. Inspection in Transit
Any car, vehicle, basket, box, or other container moved interstate or offered
to a common carrier for shipment interstate, which contains or which the in-
spector has probable cause to believe contains either infested articles or articles
the movement of which is prohibited or restricted by these regulations, shall be
Subject to inspection by an inspector at any time or place.
SRegulation 13. Thorough Cleaning Required of Trucks, Wagons, Cars, Boats,
and Other Vehicles and Containers Before Moving Interstate
S Trucks, wagons, cars, boats, and other vehicles and containers which have
Been used in transporting any article covered by these regulations within the
Regulated areas shall not thereafter be moved or allowed to be moved interstate
* until they have been thoroughly swept and cleaned by the carrier at the point
of unloading or destination.
Regulation 14. Shipments by the United States Department of Agriculture
S Articles subject to restriction in these regulations may be moved interstate
I by the United States Department of Agriculture for experimental or scientific
purposes, on such conditions and under such safeguards as may be prescribed
Sby the Bureau of Entomology and Plant Quarantine. The container of articles
Sso moved shall bear, securely attached to the outside thereof, an identifying
rl tag from the Bureau of Entomology and Plant Quarantine showing compliance
With such conditions.
V These revised rules and regulations shall be effective on and after April 11,
i' 1938, and shall supersede the rules and regulations promulgated March 1, 1937,
I as amended effective May 10, 1937.
IDone at the city of Washington this 6th day of April 1938.
Witness my hand and the seal of the United States Depart-
Sment of Agriculture.
i ...... Secretary of Agriculture.
I The Plant Quarantine Act of August 20, 1912 (37 Stat. 315), as amended,
provides that no person shall ship or offer for shipment to any common carrier,
i: nor shall any common carrier receive for transportation or transport, nor shall
any person carrysor transport, from any quarantined State or Territory or
District of the United States, or from any quarantined portion thereof, into or
I 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 any
.I other article specified in the notice of quarantine in manner
lor method or under conditions other than those prescribed by the Secretary of
g.Ariculture. It also provides that any person who shall violate any of the
i a-: :' .
provisions of this act, or who shall forge, counterfeit, alter, defa.ce, a vy
any certificate provided for in this act or in the regulations of the Sectiof
Agriculture shall be deemed guilty of a misdemeanor and shall, upon condition
thereof, be punished by a fine not exceeding $500, or by imprisonment not
exceeding 1 year, or both such fine and imprisonment, in the discretion of the
STATE AND FEDERAL INSPECTION
Certain of the quarantined States have promulgated or are about to pranl-
gate quarantine regulations restricting intrastate movement so eh :,tPbt e
Federal quarantine. These State regulations are enforced in cooperation with
the Federal authorities. Copies of either the Federal or State quarantine orders
may be obtained by addressing the United States Department of Agriculture,
266 Glenwood Avenue, Bloomfleld, N. J.
Subsidiary offices are maintained at the following locations:
Thirteenth Floor, Custom House, Boston, Mass.
Connecticut Agricultural Experiment Station, 123 Huntington Street, New
Room 838, 641 Washington Street, New York, N. Y.
Room 200, 2507 James Street, Syracuse, N. Y. ...
P. 0. Box 1, Trenton, N. J., or Yardville Road, White Horse, N. J.
Kotler Building, Main and High Streets, Glassboro, N. J.
Frankford Arsenal, Bridge and Tacony Streets, Frankford, Philadelptaa.
Warehouse No. 4, General Depot, United States Army, New Cumberla, iN
Room 438-K, New Post Office Building, Pittsburgh, Pa.
Room 210, New Post Office Building, Dover, Del.
Room 306, Post Office Building, Calvert and Fayette Streets, Baltimea* 4d.
Room 202 New Post Office Building, Main Street, Salisbury, Md.
Washington County Annex Building, Hagerstown, Md.
307 Millett Building, Canton, Ohio.
1005 Grace-American Building, Richmond, Va.
Room 217, New Federal Building, Granby Street and Brambleton Avenue,
Norfolk, Va. .. .
Arrangements may be made for inspection and certification of shISa4S
from the District of Columbia by calling District 6350, branch 2M, te
inspection house of the Bureau of Entomology and Plant Quarantine, Tw'th
Street and Constitution Avenue NW., Washington, D. C.
GENERAL OFFICES OF STATES COOPERATING .
Department of Entomology, Agricultural Experiment Station, New Mavenu
Board of Agriculture, Dover, Del. .... ...
State horticulturist, Augusta, Maine. "
Department of Entomology, University of Maryland, College Park,.. .....,:
Division of Plant Pest Control, Department of Agriculture, Statehousea..: L.
Deputy commissioner, Department of Agriculture, Durham, N. H.
Bureau of Plant Industry, Department of Agriculture, Trenton, N. J.
Bureau of Plant Industry, Department of Agriculture and Markets, Albany,
Division of Plant Industry, Department of Agriculture, Columbus, Ohio.
Bureau of Plant Industry, Department of Agriculture, Harrisburg, Pa.
Bureau of Entomology, Department of Agriculture, Statehouse, Providence,
Entomologist, Department of Agriculture, Montpelier, Vt.
Division of Plant Industry, Department of Agriculture and Immigxttlon,
State entomologist, Department of Agriculture, Charleston, W. Vs.
U. S. GOVERNMENT PRINTINRG OF
FI E: 1913
: :::.:.."* "h*: **
... :Ci;; l.i
UNIVERSITY OF FLORIDA
11111l11111 lI IIl11111 111111i llllilthll ilfll
3 1262 08721 6023
.., ...... '? "ii. ... ..... ....
.... .. :i[!a ::p::. :;..
'11 :,:::,, :..:.. :,.:..;!,m
"" ..,i:': i 4" .. "-~ iiW ..:!.. "! i
.F ":[".::.:.. .. ..:::[E'I ; : :", ".i
,. :.! ..:.n ...;i.. .L[ :f :. H ::;:, :!: i:t"
...::" ": !:: 'i~ i~i: : i S: .;:'" :a
::. .:,:,... h Ii~i i: : :" .
xml version 1.0 encoding UTF-8
REPORT xmlns http:www.fcla.edudlsmddaitss xmlns:xsi http:www.w3.org2001XMLSchema-instance xsi:schemaLocation http:www.fcla.edudlsmddaitssdaitssReport.xsd
INGEST IEID ES19T7YZ5_VQ3MAY INGEST_TIME 2014-04-24T22:24:34Z PACKAGE AA00017476_00001
AGREEMENT_INFO ACCOUNT UF PROJECT UFDC
xml version 1.0 encoding UTF-8
REPORT xmlns http:www.fcla.edudlsmddaitss xmlns:xsi http:www.w3.org2001XMLSchema-instance xsi:schemaLocation http:www.fcla.edudlsmddaitssdaitssReport.xsd
INGEST IEID EZLSAM1JE_KPICOK INGEST_TIME 2014-04-21T21:48:37Z PACKAGE AA00017476_00001
AGREEMENT_INFO ACCOUNT UF PROJECT UFDC