Title 7--Agriculture, Chapter III--Bureau of Entomology and Plant Quarantine, part 301--domestic quarantine notices

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Title 7--Agriculture, Chapter III--Bureau of Entomology and Plant Quarantine, part 301--domestic quarantine notices
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II. E. P. Q.-- Q. 71 IRevislion of Juartinr' nliae and u'iuilitilnns
Effective I)Cctuto-r 1. 1941
Title 7-Agriculture

CHAPTER III-BUREAU OF ENTOMOLOGY AND PLANT
QUARANTINE
PART 501-DOMESTIC QUARANTINE NOTICES

DUTCH ELM DISEASE QUARANTINE


INTRODUCTORY NOTE
This revision of the uiiaranilne tin lid regulations extends the regulated areas
to include parts of nine l'ennsylvaniii counties andl idditilinal] sectionIs lu Clilnnlc-
it'uti, New jersey, anin New York where the Dutch elmn disease his lieen located,
including parts of the following newly added counties: New ]London County,
Conn.; liuirlington and Ocean Counties, N. J. ; and the New York counties of
Albany, Broome, Chenaing), Delaware, Greene. Otscgo. anid Sullivan. rThe town
of Huntington. Suffolk County, N. Y., h is been removed frinn t lie regulated area.
The Chief of lithe Bureau of Entomology and Plant Quri'.n 1iilte. under autlhoriza-
tion contained inll the present revision of thile quarantine notice, may modify, by
making less stringent, the restrictions of the regulations.
SUMMARY
The areas coveredd by thliese regulations comprise parties of Connecticiut, New
Jersey. New York. and Peunsylvaniai as designated in 301.71-3.
These regulations prohibit the interstate movement from the regulated areas
of all parts of elms of all species, except that elm lumber or products inanufac-
tured from or containing "im wood, if entirely free from bark, are exempt from
restriction.
No restrictions are placed on the interstate iwvement wholly within the
regulated area.
Shipments originating outside the regulated ar.ea imay lite moved through the
regulated area only on through killing. Restricted articles trucked through the
regulated area in summer must be covered.
DETERMINATION OF THE SECRETARY OF AGRICULTURE
The Secretary of Agriculture, having given the public he-aring required by
law and having determined that it was necessary to quarantine thle States of
Connecticut, New Jersey, and New York, to prevent the spread of the Dutch
elm disease Ceratostomniella ulmni Buisman (GrapJium ulmi Schwarz), a dan-
gerous plant disease not theretofore widely prevalent or distributed within and
throughout the United States, on February 20. 1035. promulgated Notice of Quar-
antine 301.71, part 301, chapter III. title 7, Code of Federal Regulations, with
regulations supplemental thereto, governing the miovemient of elii plants or
parts thereof of all species of the genus Ulimu.. irrespective of whether nursery
forest, or privately grown, including (1) trees, plants, leaves, twigs, branlches,
bark, roots, trunks, cuttings, and scions of such plants; (2) logs or cordwood of
such plants: and (3) lumber, crates, boxes, barrels, packing cases. and( other
containers manufactured in whole or in part fromill such p)liin.ts ( unless the wood
was entirely free from bar), from aniy oif their alve-nmliend States into or
through any other State or Territory or District if th UiiiUted States 301.71-
1-6 inclusive, part :i, 301. chapter III. title 7, Co('1 ,of Federal Regulations
|B. E. P. Q.-Q. 71. effective on and after February 25. i!:15]. The Secretary of
Agriculture, having given a further plilie hiring ii tlic, 1i11ilter, lias deter-
mnined that it is necessary to revise the quarantine and il regiltii'iis for tlih pur-
pose of extending the regulated areas owing to the existence i'f substantial
infections of the Dlutch elm disease in Pennsylvania and iiin aidditionil sections
of Connecticut. New Jersey. and New York. and to make other nmodifiration1.
ORDER OF THE SECRETARY OF AGRICULTURE
Pursuant to the authority conferred upon the Secretary of Agriculture by
section 8 of the Plant Quarantine Act of August 20, 1912. as ali'end(led (7 IU. S. C.
161), the subpart entitled "Dutch Elm Disease," of part 301. ch:aliter IIT. little 7,
('ode of Federal Retgulations FB. E. P. Q.-Q. 711 is hereby aini-inded, effective
October 1., l41. to read as follows:
425463"-42









SUBPART-DUTCH ELM DISEASE

QUARANTINE /
301.71. Notice of Quarantine.-Under the authority conferred by section 8
of the Plant Quarantine Act of August 20, 1912, as amended (7 U. S. C. 161),
the Secretary of Agriculture quarantines the States of Connecticut, New Jersey,
New York, and Pennsylvania, to prevent the spread of the Dutch elm disease.
Hereafter, elmi plants or parts thereof of all species of the genus Ulmus, irre-
spective of whether nursery, forest, or privately grown, including (1) trees,
l)lants, leaves, twigs, branches, bark, roots, trunks, cuttings, and scions of such
plants; (2) logs or cordwood of such plants; and (3) lumber, crates, boxes,
barrels, packing cases, and other containers manufactured in whole or in part
from such plants (unless the wood is entirely free from bark) shall not be
shipped, offered for shipment to a common carrier, received for transporta-
tion or transported by a common carrier, or carried, transported, moved, or
allowed to be moved from any of said quarantined States 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 regulations
hereinafter made and amendments thereto: Provided, That the restrictions
of this quarantine and of the regulations supplemental thereto may be limited
to the areas in a quarantined State now, or which may hereafter be, desig-
nated by the Secretary of Agriculture as regulated areas when, in the judg-
ment of the Secretary, the enforcement of the aforesaid regulations as to such
regulated areas shall be adequate to prevent the spread of the Dutch elm
disease: 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 Secretary of Agriculture, shall
be deemed adequate to prevent the spread of the Dutch elm disease there-
from 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 ad-
ministrative instructions isued by the Chief of the Bureau of Entomology and
Plant Quarantine when, in his judgment, such articles are considered innocuous
as carriers of infection: And provided further, That whenever, in any year, the
Chief of the Bureau of Entomology and Plant Quarantine shall find that facts
exist as to the pest risk involved in the movement of one or more of the
articles to which the regulations supplemental hereto apply, making it safe
to modify, by making less stringent, the restrictions contained in any such
regulations, he shall set forth and publish such finding in administrative instruc-
tions, specifying the manner in which the applicable regulation should be made
less stringent, whereupon such modification shall become effective, for such
period and for such regulated area or portion thereof as shall be specified
in said administrative instructions, and every reasonable effort shall be made
to give publicity to such administrative instructions throughout the affected
areas.
REGULATIONS
301.71-1. Dcfinitions.-For the purpose of these regulations the following
words, names, and terms shall be construed, respectively, to mean:
(a) Dutch elm disease.-The plant disease known as the Dutch elm disease
(Cerato.tomella ulJnii Buisnman (Graph iim ulmi Schwarz), in any stage of
development.
(b) Quarantined area.-Any State quarantined by the Secretary of Agri-
culture to prevent tlhe spread of the Dutch elm disease.
(c) RIgulvait.d area .-Any area in a quarantined State which is now, or which
may hereafter be, designated as such by the Secretary of Agriculture in
accordance with the provisos of 301.71, as revised.
(d) Moved intfr.tate.-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 Dis-
trict of tihe United States into or through any other State or Territory or
District.
(e) In.pector.-An inspector of the United States Department of Agriculture.
301.71-2. Limitation of restrictions to regulated areas.-Conditioned upon
the c4implianee on the part of the State concerned with the first and second
provisos to 301.71, the restrictions provided in these regulations on the inter-








state movement of plants and plant products and other articles enumerated
in said 301.71 will be limited to such movement from the areas in such State
now or hereafter designated by the Secretary of Agriculture :is regulated areas.
301.71.3. Reguah trd area.t.-In accordance with thie first andl sim'nd provisos
to 3(11.71, the Secretary of Agriculture designates as regulatthd areas fot)r tlihe
purpose of these regulations the counties, townships, towns, and cities listedl
below, including all cities, towns, boroughs, or other political subdi-visions within
their limits:
Con, n'rtirut.-Fairfield County; ti wns of P1ethlehem. Bridgwater, HI-arwin-
ton. Litchfield. Morris. New Milford, Roxhury, Thlinmastoi. Trorrington. Wash-
ington. Watertown, and WVoodhury, in Litchficld County; all if V'ewir Havern
County except the towns of ('heshire, Madison, Prospect. and Wolcott; and tit,
town of Preston, in Newic London County.
Neic Jersey.---omnties of Bergen. l-:-x. Iluds(on, Hiinterdam, n.Mircer, M'irris.
Passaic. Somerset. Sussex. Union. and Warren; townships of Bordeitown. Ches-
terfield. Mansfield, New Hanover, Nirith Hanover, Pemberton. andt Springfield.
the city of Bordentown. and the boroughs of Fieldshoro and l'emberton, in
Burlington Countyl; all of Mliddlcserx County excel)!pt the townships of Cranbury
and Monroe. and the boroughs of Helmetta. Jamesburg, and Spotswood; all of
Monmouth County except the townships of Freehold, Millstone, Neptune. and
Wall, and the bormoughs of Avon-by-the-Sea. Belmar, Bradley Beach. Brielle.
Freehold, Jersey Homestead, Manasquan. Neptune City, Sea Girt, South Belmar.
Spring Lake, and Spring Lake Heights; and the township of Plumstead, in
Ocean County.
New York.-Counties of Bronx. Dutchess. Kings. Nassau, New York. Orange.
Putnam, Queens, Richmond. Rockland, and Westchester; town o(if Bethlehem. in
Albany County; towns of Chenango, Colesville. Conklin, Fenton. Kirkwood, San-
ford, and Windsor, in Broome County; towns of Afton. Bainhridge. Coventry,
and Greene. in Chenango County; towns of Ancram. Claverack. Clernont, Copake,
Gallatin. Germantown, Ghent, Livingston. and Taghkanic, In Columbia County;
town of Deposit, in Delaware County; town of Catskill. in Greene Count!ly;
town of Unadilla, in Ot.srgo County; town of Mamakatinz. in Sulliran County;
and all of Ulster County except the towns of Benning. Hardenhergh. Kingston.
Olive. Shandaken, and Woodstock.
Pennsylrania.-Township of Amity, in Berk.s County; all of Burks County
except the townships of Lower Southampton and Upper Southampton; town-
ships of Lower Milford, Salisbury, and Upper Saucon. and the borough of
Coopersburg. in Lehigh Counnti; townships of Hanover, Pittston, and Plains.
city of Wilkes-Barre, and the boroughs of Ashley, Edwardsville. Forty Fort,
Kingston, Larksville, Plymouth, Sugar Notch. Warrior Run. and Wyoming. in
Luzerne County; townships of Middle Smithfield, Smithfield. and Stroud, and
the boroughs of Delaware Water Gap, East Stroudsburg, and Stroudsburg, in
Monroe County; townships of Franconia, Hatfield. Lower Merion. Lower More-
land. Marlboro, New Hanover, Perkiomen. Salford, Upper Hanover. Upper
Merion. West Norriton. and that portion of Whitemarsh Township northeast of
Stanton Avenue. and the boroughs of Bridgeport, Bryn Athyn. East Greenville.
Greenlane, Hatfield. Narberth, Pennsburg, Red Hill. Souderton. West Consho-
bocken, and West Telford. in Montgomery County; townships (if Bethlehem.
Hanover, Lower Mount Bethel, Lower Saucon. Upper Mount Bethel. and Wil-
liams, the city of Easton. and the boroughs of Freemanshurg, Glendon, Heller-
town, Portland, West Easton, and Wilson. in Northampton County; ward 35.
in the city of Philadelphia, in Philadelphia County; and the townships of
Harmony and Jackson. and the borough of Lanesboro, in Rusqurhanna County.
301.71-4. Control of movement of elim plants and elim product.w.-Elm plants
or parts thereof of all species of the genus (limus. irrespective of whether
nursery, forest, or privately grown, including (1) trees, plants, leaves, twigs.
branches, bark. roots, trunks, cuttings, and scions of such plants; (2) logs or
cordwood of such plants; and (3) lumber, crates, boxes, barrels, packing cases.
and other containers manufactured in whole or in part from such plants, if the
wood Is not free from hark. shall not he mnioved interstate from any regulated
area to or through any point outside thereof.
Plants and plant products enumerated in this regulation may be moved
interstate from an area not under regulation through a regulated area to a non-
regulated area only when such movement is on through chilling: Proridrd, That
such movement by truck or other road vehicle may not be made during the




UNIVERSITY OF FLORIDA
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4 3 1262 08721 6064
4
period from April 1 to October 31, Inclusive, of any 12-month period unless the
restricted products contained therein while passing through any regulated area
are covered or otherwise protected, to the satisfaction of an inspector, from
contamination by insect vectors of the Dutch elm disease.
301.71-5. Shipments for experimental and scientific purposes.-Articles sub-
ject to restriction in these regulations may be moved interstate for experimental
or scientific purposes, on such conditions and under such safeguards as may be
prescribed by the Chief of 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.
Done at Washington, D. C., this 20th day of September 1941.
Witness my hand and the seal of the United States Department of Agriculture.
.^z1 GROVER B. HiL,
a-SSS Acting Secretary.


9. S. GOVERNNINT PRINTING OFFICE 11421




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