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B. E. P. Q.-Q. 48 Revision of Regulations,
Effective June 1, 1935.
United States Department of Agriculture
BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE,'
JAPANESE BEETLE QUARANTINE
QUARANTINE NO. 48
REVISION OF REGULATIONS
An important change in the following revision of the regulations of the Japa-
nese beetle quarantine of especial interest to shippers and carriers places re-
strictions on the interstate movement by refrigerator car or motor truck of
all fruits and vegetables from the District of Columbia and portions of the
States of Delaware, Maryland, New Jersey, Pennsylvania, and Virginia, between
June 15 and October 15, inclusive.
Unless a certificate or permit has been issued, these regulations as now re-
vised prohibit the interstate shipment of green corn on the cob, beans in the pod,
bananas in entire bunches or-in clusters of 25 or more, apples, peaches, black-
berries, blueberries, huckleberries, or raspberries from any part of the regu-
lated areas, and also prohibit (unless a certificate or permit has been issued)
the interstate movement of all fruits and vegetables by refrigerator car or
motor truck from the District of Columbia, and parts of the States of Dela-
ware, Maryland, New Jersey, Pennsylvania, and Virginia. Refrigerator cars
used for loading fruits and vegetables, other than onions and potatoes, in such
-area must, prior to loading, be cleaned by the common carrier and kept tightly
closed and sealed during the interval between cleaning and loading. Onions
-... and potatoes must be fumigated in the car when such action is deemed neces-
sary 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
certificate has been secured. Portions of plants and cut flowers are restricted
interstate movement only between June 15 and October 15, inclusive. For de-
tails and exceptions see regulations 6 and 7.
The regulated areas include the District of Columbia, the entire States of
S Connecticut, Delaware, Massachusetts, New Jersey, and Rhode Island, and
S parts of the States of Maine, Maryland, New Hampshire, New York, Pennsyl-
vania, Vermont, Virginia, and West Virginia. The boundaries are shown in
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 provided in regulations 8 to 13,
To secure permits and certificates, address the Bureau of Entomology and
Plant Quarantine, 916 County Office Building, White Plains, N. Y., or the
nearest branch office listed in the appendix.
LEE A. STRONoG,
121O..3 5Chief, Bureau of Entomology and Plant Quarantine.
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NOTICE OF QUARANTINE NO. 48 (TENTH REVISION)' :
NOTICE :,'", :", :'i:, ly
(Approved Nov. 23, 1933; effective Dec. 1, 1933) :.
I, H. A. Wallace, .Secretary of Agriculture, have determined that it is necj!..
sary to quarantine the States of Connecticut, Delaware, Maine, MarylanSl",
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania,'R14i:b0 .r!
Island, Vermont, Virginia, and West Virginia, and the District of tolumbOia,. :
to prevent the spread of the Japanese beetle (Popillia japonica Newm.), .-
dangerous insect' new to and not heretofore widely prevalent or distribite .-'S
within and throughout the United States. ". ....
Now, therefore, under authority conferred by section 8 of the Plant Quart- :
tine Act of August 20, 1912 (37 Stat. 315), as amended by the act of Congress :'
approved March 4, 1917 (39 Stat. 1134, 1165), and having duly given the !:i
public hearing required thereby, I do quarantine the said States of Connecti, o,::
Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jerseyr ,|
New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginit, A
and the District of Columbia, effective on and after December 1, 1933. Here- 5
after, under the authority of said act of August 20, 1912, amended as afore-. ii
said (1) fruits and vegetables; (2) nursery, ornamental, and greenhouse :i
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 transported by a common carrier, or carried, tran p rted,:0
moved, or allowed to be moved from any of said quarantined States or P1ii;:j
trict into or through any other State or Territory or District of the Untti.
States in manner or method or under conditions other than those preseriIii::
in the rules and regulations hereinafter made and amendments theretoP..
vided, That the restrictions of this quarantine and of the rules and-r3Iz.;
tions supplemental thereto may be limited to the areas in a quarantined St.. ,,,n
now, or which may hereafter be, designated by the Secretary of Agricn.lt ii::::!.:!:.::,
as regulated areas when, in the judgment of the Secretary of Agriculture, t ii'..ii- ;
enforcement of the aforesaid rules and regulations as to such regulated, ar .::::
shall be adequate to prevent the spread of the Japanese beetle: Prof0iti.
further, That such limitations shall be conditioned upon the said State .l..i.'.:..
hiding for and enforcing such control measures with respect to such rel :i...
areas as, in the judgment of the Secretary of Agriculture, shall be'...,
adequate to prevent the spread of the Japanese beetle therefrom to::.t .........
parts of the State. .,... ,.....
Done at the city of Washington this 23d day'of 7 o
SWitness my hand and the seal of the United States.D
S ment of Agriculture.
Secretary of gA.
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RULES AND REGULATIONS (THIRTEENTH REVISION).-,:::.. ... ....
SUPPLEMENTAL TO NOTICE OF QUARANTINE NO. 48 .:,"
(Approved May 29, 1935; effective June 1, 1935) : :::
Regulation 1. Definitions
For the purpose of these regulations the following words, names, and-09i..:
shall be construed, respectively, to mean: : ::
(a) Japanese beetle.-The insect known as the Japanese beetle (P 4ll
japonica Newm.), in any stage of development. .. :
(b) The terms "infested", "infestation", and the like, relate to iuhht; ,d*
with the Japanese beetle. ." :
(c) Quarantined area.-Any State or District quarantined by the See3 I":B;
of Agriculture to prevent the spread of the Japanese beetle. m "' 9f
(d) Regulated area.-Any area in a quarantined State or District WtI...il A
now, or which may hereafter be, designated as such by the Secretary: i
culture in accordance with tlhe provisos to Notice of Quarantine No. 48, as
(e) Fruits and vegetables.-For the list of restricted fruits and vegetables
see regulation 5.
(f) Nwrsery and ornamental stock.-Nursery, ornamental, and greenhouse
stock, and all other plants, plant roots, cut flowers, or other portions of plants.
(g) 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 connec-
tion with farm products or nursery and ornamental stock.
(h) Certified sand, sail, earth, peat, compost, and manure.-Sand, soil, earth,
peat, compost, or manure determined by the inspector as uninfested and so
(i) Certified greenhouse.-A greenhouse or similar establishment which has
complied to the satisfaction of the inspector with the conditions imposed in
regulation 6. This term may apply also to potting beds, heeling-in areas, hot-
beds, coldframes, or similar plots or to storage houses, packing sheds, or stores
treated or otherwise safeguarded in manner and method satisfactory to the
(j) Inspector.-An inspector of the United States Department of Agriculture.
(k) Moved or allowed to be moved interstate.-Shipped, offered for shipment
to a common carrier, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved from one State
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 (tenth revision), the restrictions pro-
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-
nated by the Secretary of Agriculture as regulated areas.
Regulation 3. Regulated Areas
In accordance with the provisos to Notice of Quarantine No. 48 (tenth
revision), the Secretary of Agriculture designates as regulated areas for the
purpose of these regulations the States, District, counties, townships, towns,
cities, election districts, and magisterial districts listed below, including all
cities, towns, boroughs, or other political subdivisions within their limits:
Connectiout.-The entire State.
Delaware.-The entire State.
District of Coltumbia.-The entire District.
Maine.-County of York; towns of Cape Elizabeth and Scarborough, and
the cities of Portland, South Portland, and Westbrook, in Cumberland County;
and the city of Waterville, in Kennebec 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 district no. 5, in Anne
Arundel County; election districts nos. 1, 2, 3, 9, 11, 12, 13, 14, and 15, in
Baltinmore County; election districts of Henderson (no. 1), Greensboro (no. 2),
Denton (no. 3), and Ridgely (no. 7), in Carolinew County; the city of West-
minster, in Carroll County; election district of Cambridge (no. 7), in Dor-
chester County; election districts of Petersville (no. 12), and Brunswick
(no. 25), in Frederick County; county of Harford, except election district of
Marshall (no. 4); election districts of Elkridge (no. 1), and Ellicott City
(no. 2), in Howard County, and the right of way of United States Highway
No. 1 through the election district of Guilford (no. 6) in said county; elec-
tion districts of Vansville (no. 1), and Laurel (no. 10), in Prince Georges
County, and all those parts of Prince Georges and Montgomery Counties lo-
cated within the established boundaries of the so-called Washington Suburban
Sanitary District" except those parts located east of the right-of-way of the
Washington, Baltimore & Annapolis Railroad and of the southeastern boundary
of the District of Columbia; towns of Easton jnd 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 WasiMngton 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. JB), Willards ( o. 14),
and Fruitland (no. 16), in Wicomico County.
Massachusetts.-The entire State. "
New Hampshire.-Counties of Belknap, Cheshire, Hillsboro, Merrimack, Rock-
ingham, Strafford, and Sullivan; towns of Brookfield, Eaton, Effingham, Free-
dom, Madison, Moultonboro, Ossipee, Sandwich, Tamworth, Tuftonboro, Wake- I
field, and Wolfeboro, in Carroll County; towns of Alexandria, Ashland, Bridge-
water, Bristol, Canaan, Dorchester, Enfield, Grafton, Groton, Hanover, He- i
bron, 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, Mont-
gomery, Nassau, New York, Oneida, Onondaga, Orange, Otsego, Putnam,
Queens, Rensselaer, RichmnD6, Rocklana, Saratoga, Schenectady, Sehoharie,
Suffolk, Sullivan, Tloga, Ulster, Washington, and Westchester; towns of 'Bed .
House and Salamanca, and the city of Salamanca, in Cattarawgus County;
towns of Columbia, Danube, Fairfield, Frankfort, German Flats, Herkinier, .
Litchfield, Little Falls, Manheim, Newport, Salisbury, Schuyler, Stark, Warren,
and Winfield, and the city of Little Falls, in Herkimer County; towns of I
Caton, Corning, and Hornby, and the city of Corning, in Steobe* Eoo*ty;;
towns of Luzerne and Queensbury and the city of Glens Falls, in Warren 4
Pennsylvania.-The entire State, except Crawford, Erie, Forest, Mercer, Ve- i
nango, and Warren Counties, Mercer Township in Butler County, and Ashland,
Beaver, Elk, Richland (including boroughs of Foxburg and St. Petersbur-gl, :
Salem, and Washington Townships, in Clarion County. :
Rhode Island.-The entire State.
Vermont.-Counties of Bennington, Rutland, Windham, and Windsor. .
Virginia.-Counties of Accomac, Arlington, Elizabeth City, Norfolk, Northamp-
ton, and Stafford; magisterial districts of Falls Church, Lee, Mount Vernon, and
Providence, in Fairfax County; magisterial district of Brookland, in Henrico
County; magisterial district of Sleepy Hole, in Nansenond County; magisterial t
districts of Coles, Dumfries, and Occoquan, in Prince Willia m Countr.; Camp .
Stuart, in Warwick County; and the cities of Alexandria, Fredericksburg, il
Hampton, Newport News, Norfolk, Portsmouth, Richmond, South. Norfolk, and '
West Virginia.-Town of Keyser and district of Frankfort, in Mineral Cory. &:
Regulation 4. Extension or Reduction of Regulated Areas
The regulated areas designated in regulation 3 may be extended or reduced
as may be found advisable by the Secretary of Agriculture. Due notice of any
extension or reduction and the areas affected thereby will be given in writg to ..
the transportation companies doing business in or through the States in: which '
such areas are located and by publication in one or more newspapers seled by .
the Secretary of Agriculture within the States in which the areas affect are
Regulation 5. Restrictions on the Movement of Fruits and Vegetables i
SECIcON A. CONTROL OF MOVEMENT fl
(1) Unless a certificate or permit shall have been issued therefore, except as
provided in paragraphs (a) to (e), inclusive, of this section:
(.1) No green corn on the cob, beans in the pod, bananas in entire buIhes
or in clusters of 25 or more, apples, peaches, blackberries, blueberries, huekl- ;
berries, or raspberries shall be moved or allowed to be moved interstate' front
any regulated area to or through any po'nt outside thereof; and (U) no frits i
and vegetables of any kind shall be moved or allowed to be moved interstate a ia
refrigerator car or motor truck from the District, counties, or city listed 1IetowW
to or through any point outside of the regulated areas: t
Delaware.-County of New Castle. ,
District of Columbia.-The entire District. %
Maryland.,-County of Cecil, and the city of Baltimore. *
New Jersey.-Counties of Atlantic, Burlington, Camden, Cape May, Cumber-
land, Gloucester, Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Salem, Som-
erset, and Union.
Pennsylvania.-Counties of Bucks, Chester, Delaware, Montgomery, and Phil-
Virginia.-County of Arlington.
(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 Richmond, Va., or
to the other regulated parts of Henrico County, Va., or to Waterville, Maine.
No restrictions are placed on the interstate movement of fruits and vegetables
from the city of Richmond, Va., or from other parts of Henrico County, Va.,
or from Waterville, Maine, to points outside the regulated areas.
(a). No restrictions are placed on the interstate movement of fruits or 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 District, counties, or city listed in 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 by
inspectors 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 District, counties, or city listed in paragraph 1, (ii), of
this regulation, or moving from such designated District, counties, or city
other than by refrigerator car, have actually been inspected by the United
States Department of Agriculture and found free from infestation.
(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 any
(3) When the fruits and vegetables have originated outside of the regulated
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
(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 ex-
ists and are to be shipped directly from the farms where grown to points outside
the regulated areas, or are shipped from infested districts where the 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
via refrigerator car from the district, counties, or city listed in paragraph 1,
(i0), of this regulation, have been inspected and loaded in a manner to prevent
infestation, in a refrigerator car with closed or adequately screened doors and
hatches, which car prior to loading has been determined by an inspector as
thoroughly swept and cleaned by the common carrier in a manner to rid it of
:... .::" ....
infestation. During the interval between cleaning and loading, siek refrig-
erator car must be tightly closed and sealed.
(6) When the onions or potatoes moving via refrigerator car from the dis-
trict, counties, or city listed in this regulation have 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 closed or adequately screened, under
the supervision of an inspector.
Regulation 6. Restrictions on the Movement of Nursery and Ornamental Stock
SECrFON A. CONTROL OF MOVEMENT Q :i
Nursery and ornamental stock shall not be moved or allowed to be moved
interstate from the regulated areas to or through any point outside thereof,
unless a certificate or permit shall have been issued therefore by the inspe-tor, V
except as follows: I .
(1) True bulbs, corms, and tubers, when dormant and free from soil, are
exempt from the requirement of certification, except that this exemption does
not apply to dahlia tubers.
(2) No restrictions are placed on the interstate movement of nursery amd
ornamental stock imported from foreign countries when reshipped from the
port of entry in the unopened original container and labeled as to each on- ..
trainer with a copy certificate of the country from which it was exported.l a
statement of the general nature and quantity of the contents, the name and
address of the consignee, and the country and locality where grown.
(3) No restrictions are placed on the interstate movement between October
16 and June 14, inclusive, of cut flowers, and of portions of plants without roots
and free from soil (such as branches and twigs of trees and shrubs, sCionS,
Christmas trees, holly, laurel, sphagnum moss, and parts of submerged aquatic l
plants without roots). *B
(4) No certificate or permit will be required for the interstate movement of .
nursery and ornamental stock when transported by a common carrier on a 2i
through bill of lading either from an area not under regulation through a regu- :
lated area, or from a regulated area through a nonregulated area to another :
regulated area. :.M|
SECTION B. CONDITIONS GOVERNING THN ISSUANCE OF C(ERTIFICATES AND PBIM .|.
For the purpose of certification of nursery and ornamental stock, nurseries, ;
greenhouses, and other premises concerned in the movement of such stock will
be classified as follows: :
(1) Class I. Nurseries, greenhouses, and other premises concerned In the
movement of nursery and ornamental stock on or within approximately 500 1(
feet of which no infestation has been found may be classified as class L. Upon I
compliance with the requirements of subsection (6) of this section, nursery and .U:
ornamental stock may be certified by the inspector for shipment froniLMch
premises without further inspection, and without meeting the safegtktds
prescribed as a condition of interstate shipment of plants originating in 'lur-
series or greenhouses of class III. .
(2) Class III.-(a) Nurseries, greenhouses, and other premises concerzbd-in
the movement of nursery and ornamental stock on which either grubs i" the
soil or one or more beetles have been found, will be classified as class III. Suh.ch
classification also may be given to nurseries, etc., in localities known to.-be ;
generally infested where one or more beetles or grubs are found in the immedi- ,
ate proximity (within approximately 500 feet) of such nurseries, etc., on ada- :
cent property or properties. In the ease of nursery properties, under single .i
ownership and management, but represented by parcels of land widely sep- :
rated, such parcels may be independently classified either as class I or clas*i ,;|
upon compliance with such conditions and safeguards as shall be required by
the inspector. Similarly, unit nursery properties, which would otherwise ::f ai
in class III, may be open to subdivision, for the purpose of rating such subdtvi- *
sions in classes I or III, when in the judgment of the inspector such action its
warranted by recent and scanty infestation limited to a portion of the -nureift
concerned: Provided, That the subdivision containing the infestation shall be:
clearly marked by boundaries of a permanent nature which shall be appro $
mately 500 feet beyond the point where the infestation occurs. I
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I (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 Quaran-
tine in manner and by method satisfactory to the inspector; or (iH) in the
.me- case of plants in which the root system is such that a thorough inspection may
be made, that the soil shall be entirely removed from the stock by shaking or
Swashing, or (iii) that it shall be shown by evidence satisfactory to the inspector
that the plants concerned were produced in a certified greenhouse.
S.(3) Greenhouses of class III may be certified upon compliance with all the
,i 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
f 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, soil, earth,
peat, compost, or manure taken from infested locations or which may have
i. been exposed to infestation, must be sterilized or fumigated under the direc-
tion and supervision of, and in manner and by method satisfactory to1 the
.. : inspector. If such treated sand, soil, earth, peat, compost, or manure is not to
........ be immediately used in such greenhouses, it must be protected from possible
: ~infestation in manner and by method- satisfactory to the inspector.
,: (c) All potted plants placed in certified greenhouses of class III and all potted
plants to be certified for interstate movement therefrom (i) shall be potted
in certified soil; (ii) shall, if grown outdoors south of the northern boundaries
of Maryland and Delaware at any time between June 1 and October 1, inclu-
sive, or north thereof at any time between June 15 and October 15, inclusive,
be kept in screened frames while outdoors; (ii) shall, if grown outdoors during
any part of the year, be placed in beds in which the soil or other material shall
have been treated in manner and by method approved by the Bureau of Ento-
mology and Plant Quarantine to eliminate infestation; and (iv) shall comply
with such other safeguards-as may be required by the inspector.
(4) Cut flowers and other parts of plants without roots or soil may be
certified for movement either (a) when they have been inspected by an
inspector and found free from infestation, or (b) when they have been grown
in a greenhouse of class I or in a certified greenhouse of class III and are
transported under such safeguards as will in the judgment of the inspector pre-
vent infestation. (See also section A (3) of this regulation.)
(5) Nursery and ornamental stock originating on or moved from unclassi-
fied 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 Ento-
mology and Plant Quarantine in manner and by method satisfactory to the
inspector, or (c) that it shall be shown by evidence satisfactory to the in-
spector that the 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
S. classified status, (a) shall restrict their purchases or receipts of nursery
i. and ornamental stock, sand, soil, earth, peat, compost, and manure within
S the regulated area to articles which have been certified under these regula-
: :: tions as to each such article and the said certificate shall accompany the
S 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
*1 premises into certified greenhouses; and (c) shall also report immediately in
S writing all purchases or receipts of such articles secured from within the regu-
lated area. Nurserymen, florists, dealers, and others whose premises are
classified as class III shall, in addition, report immediately on forms provided
for that purpose all their sales or shipments of such articles both to points
1 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
has 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
twro I A.. .
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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, and Manure :
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. A 1
therefore by the inspector, except as follows: .,
(1) No restrictions are placed on the interstate movement of sand for eon- i
struction purposes, nor of "bird gravel", bird sand ", or ground, dried, I
imported peat in packages of 5 pounds or less to the package.
(2) No restrictions are placed on the interstate movement of sand, soil, I
earth, peat, compost, and manure imported from foreign countries when re-
shipped from the port of entry in the unopened original container and labeled AM-
as to each container with the country of origin, and when the shipment is i
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 i
regulated area, or from a regulated area through a nonregulated area to
another regulated area.I
SECTION B. CONDITIONS OF CERTIFICATION ....
Certificates for the movement of sand, soil, earth, peat, compost, ana manure
may be issued under any one of the following conditions: 'p.
(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 no 3
infestation could exist therein.
(3) When the material has been removed, under the supervision of an :
inspector, from a depth of more than 12 inches below the surface of the
ground 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 (o) 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 disulphide or other-
wise treated under the supervision of and in manner and by method satis- ;
factory to the inspector. Such fumigation or treatment will be required as a :
condition of certification of all sand, soil, earth, peat, compost, and manure,
except such as is loaded and shipped in compliance with paragraphs (1), (2),
or (3) hereof.
Regulation 8. Conditions Governing the Protection of Restricted Articles from
Infestation While in Transit
Fruits and vegetables, nursery and ornamental stock, and sand, soil, earth, j
peat, compost, and manure, moving interstate from or through the regulated :
areas to points outside thereof between June 15 and October 15, inclusive, x
shall at all times while they are in the regulated areas be screened, covered, .
or otherwise protected in manner or method satisfactory to the inspector for
safeguarding the articles from infestation.,
....I : i
.EE~iiii" :.:ll !i..
:| *Trucks or other road vehicles transporting restricted articles may be sealed
j by the inspector at the point of inspection and all such seals shall remain intact
S as long as the vehicle is en route within the regulated area,
Regulation 9. Marking and Certification a Condition of Interstate
(a) Every car, vehicle, box, basket, or other container of the articles listed,
H the interstate movement of which is restricted in regulations 5, 6, and 7, shall
b: e plainly marked with the name and address of the consignor and the name
II! knd address of the consignee and shall have securely attached to the outside
S thereof a valid certificate or permit issued in compliance with these regulations.
In the case of lot shipments by freight, one certificate attached to one of
S the containers and another certificate attached to the waybill will be sufficient.
*....(b) In the case of bulk carload shipments by rail, the certificate shall accom-
pany the waybill, conductor's manifest, memorandum, or bill of lading pertain-
ing to such shipment and in addition each car shall have securely attached
to the outside thereof a placard showing the number of the certificate or
certificates accompanying the waybill.
(o) In the case of shipment by road vehicle, the certificates shall accompany
*:, (d) Certificates shall be surrendered to the consignee upon delivery of the
|i! Regulation 10. General Conditions Governing Inspection and Issuance of
Certificates and Permits
If (a) Persons intending to move or allow to be moved interstate any of the
articles the movement of which is restricted in regulations 5, 6, and 7, shall
i make application for inspection and certification as far as possible in advance
o:: f the probable date of shipment, specifying in the application the article and
quantity to be shipped, method of shipment, name and address of the consignor,
and name and address of the consignee.
(b) Applicants for inspection will be required to assemble the articles at
such points as the inspector shall designate and so to place them that inspec-
tion may readily be made; if not so placed, inspection may be refused. All
charges for storage, cartage, and labor incident to inspection, other than the
Services of the inspector, shall be paid by the shipper.
(o) Certificates and permits shall be used in connection with the transpor-
tation of only those articles intended to be covered thereby.
S (d) Where the apparent absolute freedom from infestation of any of the
articles enumerated cannot be determined by the inspector, certification will
(e) Permits may be issued for the interstate movement of restricted articles
by truck or other road vehicle from a regulated area through a nonregulated
i- area to another regulated area.
Regulation 11. Cancelation of Certificates
Certificates issued under these regulations may be withdrawn or canceled by
the inspector and further certification refused, either for any failure of com-
pliance with the conditions of these regulations or violation of them, or
whenever in the judgment of the inspector the further use of such certificates
S 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-
sapector has probable cause to believe contains either infested articles or arti-
cles the movement of which is prohibited or restricted by these regulations, shall
be subject to inspection by an inspector at any time or place.
... .... :: nation 13. Thorough Cleaning Required of Trucks, Wagons, Cars, Boats,
S. .. and Other Vehicles and Containers Before Moving Interstate
K Trucks, wagons, cars, boats, and other vehicles and containers which have
been used in transporting any article covered by these regulations within the
*** .". : "" .. -:.." a ,
regulated areas shall not thereafter be moved or allowed to be moved inter-
state 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
Articles subject to restriction in these regulations may be moved interstate
by the United States Department of Agriculture for experimental or scientific
purposes, on such conditions and under such safeguards as may be prescribed
by the Bureau of Entomology and Plant Quarantine. The container of articles
so moved shall bear, securely attached to the outside thereof, an identifying
tag from the Bureau of Entomology and Plant Quarantine showing compliance
with such conditions.
These revised rules and regulations shall be effective on and after June 1,
1935, and shall supersede the rules and regulations promulgated Novembei
00=111%Done at the city of Washington this 29th day of May 1935.
NV% ~Witness my hand and the seal of the United States Depart-
ment of Agriculture.
R. G. TUGWFizL,
Acting Secretary of Agriculture.
The Plant Quarantine Act of August 20, 1912 (37 Stat. 315), as amended, pro-
vides that no person shall ship or offer for shipment to any common carrier, nor ::
shall any common 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 any other
article specified in the notice of quarantine in manner or .
method or under conditions other than those prescribed by the Secretary of
Agriculture. It also provides that any person who shall violate any of the pro-
visions 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 exceed-
ing 1 year, or both such fine and imprisonment, in the discretion of the court.
STATE AND FEDERAL INSPECTION
Certain of the quarantined States have promulgated or are about to promul-
gate quarantine regulations restricting intrastate movement supplemental to the
Federal quarantine. These State regulations are enforced in cooperation with :
the Federal authorities. Copies of either the Federal or State quarantine oders
may be obtained by addressing the United States Department of Agriculture,
916 County Office Building, White Plains, N. Y. ,
Subsidiary offices are maintained at the following locations: ::
Fourth Floor, Custom House, Boston, Mass.
1337 Dixwell Avenue, Hamden, Conn.
Room 840, 641 Washington St., New York, N. Y. .
Room 332, Post Office Building, Syracuse, N. Y.
Lawrence Building, 13-15 Orient Way, or Box C, Rutherford, N. J.f
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, Frankford, Philadelphia, Pa.
Warehouse No. 4, General Depot, United States Army, New Cumberland, Pa. 'I
Rooms 438 K and L, New Post Office Building, Pittsburgh, Pa.
E r, ', ,, ,,,.:m i.
:.. Room 210, New Post Office Building, Dover, Del.
Room 306, Post Office Building, Calvert and Fayette Streets, Baltimore, Md.
Room 213, Broad-Grace Arcade Building, Richmond, Va.
Room 217, New Federal Building, Granby Street and Brambleton Avenue,
I Arrangements may be made for inspection and certification of shipments from
I* the District of Columbia by calling District 6350, Branch 2589, the inspection
S house of the Bureau of Entomology and Plant Quarantine, Twelfth Street and
Constitution Avenue NW., Washington, D. C.
GENERAL OFFICES OF STATES COOPERATING
S Department of Entomology, Agricultural Experiment Station, New Haven,
Board of Agriculture, Dover, Del.
State horticulturist, Augusta, Maine.
Department of Entomology, University of Maryland, College Park, Md.
S Division of Plant Pest Control, Department of Agriculture, State House, Boston,
Deputy commissioner, Department of Agriculture, Durham, N. H.
S Bureau of Plant Industry, Department of Agriculture, Trenton, N. J.
Bureau of Plant Industry, Department of Agriculture and Markets, Albany,
Bureau of Plant Industry, Department of Agriculture, Harrisburg, Pa.
I Bureau of Entomology, Department of Agriculture, State House, Providence,
Entomologist, Department of Agriculture, Montpelier, Vt.
S Division of Plant Industry, Department of Agriculture and Immigration, Rich-
ii, mond, Va.
S. tate entomologist, Department of Agriculture, Charleston, W. Va.
U.S. GOVERNMENT PRINTING OFFICE: 1935
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UNIVERSITY OF FLORIDA
3 1262 087216031II
3 1262 08721 8031
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