B. E. P. Q.-Q. 45
Revision of Quarantine and Regulations
Effective November 4, 1935
United States Department of Agriculture
BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE
GYPSY MOTH AND BROWN-TAIL MOTH QUARANTINE
(QUARANTINE NO. 45)
REVISION OF QUARANTINE AND REGULATIONS
The following revision of the gypsy moth and brown-tail moth quarantine
provides for exemption of certain products by administrative instructions issued
by the Chief of the Bureau of Entomology and Plant Quarantine, when in his
judgment the nature of the growth or production, or the manufacture or process-
ing of such products, is such that their interstate movement is not considered
to constitute danger of spread of infestation.
The regulations have also been revised to require that persons to whom
certificates are issued shall report, at the time of shipment, all consignments to
points outside the regulated area.
The regulated area includes the entire State of Rhode Island and parts of
the States of Connecticut, Maine, Massachusetts, New Hampshire, and Vermont.
The restricted articles, unless exempted by administrative instructions, are
as follows: (1) Coniferous trees, such as spruce, fir, hemlock, pine, juniper
(cedar), and arborvitae (white cedar) without roots, known and described as
4 Christmas trees ", and parts thereof, and parts of evergreen decorative plants,
such as boxwood, holly, and laurel; (2) forest-plant products, including logs,
tanbark, posts, po'es, car stakes, railroad ties, cordwood, empty cable reels,
and lumber; (3) trees, shrubs, vines, and all plants having persistent woody
stems, and parts thereof, excepting seeds and fruit; and (4) stone or quarry
products (regulation 1).
Under these regulations no restricted articles (as defined above) shall be
moved or allowed to be moved interstate from the regulated areas to or through
any point outside thereof, nor from the generally infested area to the lightly
infected area, unless and until a certificate or permit shall have been issued
.... theroer by an inspector. (regulation 5).
SChristmas trees and evergreen boughs originating in the generally infested
area are not allowed to be moved interstate to any point outside of that area,
and no certificate or permit will be issued authorizing such movement unless
such trees have been grown as nursery stock in a cultivated nursery and are
certified under the provisions of regulation 6.
Deciduous trees and such parts thereof as bear leaves are not allowed to
be moved from the brown-tail moth infested area to outside points without a
certificate or permit, except that a State nursery inspection certificate may be
substituted for certain classes of movement within the gypsy moth regulated
areas (regulation 5).
'Plants grown in the greenhouse throughout the year and cut flowers thereof
may be shipped interstate without inspection and certification on condition
tat each. box or package thereof is plainly labeled to show that the contents
were greenhouse grown.
For the conditions governing inspection and certification, marking require-
ments, and similar details, see regulations 6 to 12, inclusive.
To arrange for inspection and certificates, address Bureau of Entomology
and Plant Quarantine, 916 County Office Building, White Plains, N. Y.
iJ LEE A. STRONG,
... .Chief, Bureau of Entomology and Plant Quarantine.
.. ... ": .
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NOTICE OF QUARANTINE NO. 45 (REVISED)
(Approved Nov. 4, 1935; effective Nov. 4, 1935)
The fact has been determined by the Secretary of Agriculture, and notice is
hereby given, that two injurious insects-the gypsy moth (Porthetria dispar)
and the brown-tail moth (Nygmia phaeorrhoea)-not heretofore widely dis-
tributed within and throughout the United States, exist in all of Rhode Island,
and in parts of the following States, to wit, Maine, New Hampshire, Vermont,
Massachusetts, sand Connecticut.
Now, therefore, I, H. A. Wallace, Secretary of Agriculture, under the author-
ity 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, 1917 (39
Stat. 1134, 1165), do hereby quarantine the States of Maine, New Hampshire,
Vermont, Massachusetts, Rhode Island, and Connecticut, and by this Notice
of Quarantine No. 45 do order that (1) coniferous trees, such as spruce, fir,
hemlock, pine, juniper (cedar), and arborvitae (white cedar), known and
described as "Christmas trees ", and parts thereof, and decorative plants, such
as holly and lAnrel, known and described as "Christmas greens or greenery";
(2) forest-plant products, including logs, tanbark, posts, poles, car stakes, rail-
road ties, cordwood, and lumber; (3) field-grown florists' stock, trees, shrubs, :
vines, cuttings, and other plants and plant products, excepting fruit pits, seeds
of fruit and ornamental trees and shrubs, field, vegetable, and flower seeds,-
bedding plants, and other herbaceous plants and roots; and (4) stone or quarry
products, shall not be moved or allowed to move interstate from any of paid
States in manner or method or under conditions other than those prescribed
in the rules and regulations supplemental hereto: Provided, That certain ar-
tidcles 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 Entomology
and Plant Quarantine when, in his judgment, such articles are considered
innocuous as carriers of infestation.
Done at the city of Washington this 4th day of November
Witness my hand and the seal of the United States Depart-.
ment of Agriculture. ..
H. W ATrLAc
Secretary.of Agricualtre. .
RULES AND REGULATIONS (SEVENTH REVISION) SUPPLEMENTAL
TO NOTICE OF QUARANTINE NO. 45
(Approved Nov. 4, 1935; effective Nov. 4, 1935)
For the purpose of these regulations the following words, names, and terms
shall be construed, respectively, to mean:
(a) Gypsy moth: The insect known as the gypsy moth (Porthetria dispar).
(b) Brown-tail moth: The insect known as the brown-tail moth (Nygmia
phaeorrhoea, formerly referred to as EBuproctis chrysorrhoea). .
(c) Quarantined area: Any State quarantined by the Secretary of Agricul-
ture upon determination by him that either the gypsy moth or the brown-
tail moth, or both, exist therein. '
(d) Regulated area: The entire area comprised of portions of the quaran-
tined States now or hereafter designated by the Secretary of Agriculture as
regulated to prevent the spread of the gypsy moth or brown-tail moth, or both,
(e) Generally infested area: The entire area comprised of portions, of the
quarantined States now or hereafter designated by the Secretary of Agricul-
ture as generally infested with the gypsy moth.
(f) Lightly infested area: The entire area comprised of portions of the quar-
antined States now or hereafter designated by the Secretary of Agriculture as
lightly infested with the gypsy moth.
.. <) Brown-tail moth infested area.: The entire area comprised of portions
of the quarantined States now or hereafter designated by the Secretary of
Agriculture as infested with the brown-tail moth.
(A) Restricted articles: (1) Coniferous trees, such as spruce, fir, hemlock,
pine, juniper (cedar), and arborvitae (white cedar) without roots, known and
described as "Christmas trees", and parts thereof, and parts of evergreen
A.ecorative plants, such as boxwood, holly, and laurel; (2) forest-plant products,
Including logs, tanbark, posts, poles, car stakes, railroad ties, curdwood, empty
.cable reels, and lumber; (3) trees, shrubs, vines, and all plants having per-
i: .stent woody stems, and parts thereof, excepting seeds and fruit; and (4)
stone or quarry products.
S- (i) Moved or allowed to be moved interstate: Shipped, offered for ship-
Sment to a common carrier, received for transportation or transported by a
Common carrier, or carried, transported, moved, or allowed to be moved from
Sone State or Territory or District of the United States into or through any
other State or Territory or District.
S -. -) Inspector: An inspector of the United States Department of Agriculture.
... Regulation 2.-Limitation of Restrictions to Regulated Areas
Conditioned upon the State concerned providing fcr and enforcing such con-
trol measures with respect to the regulated areas as in the judgment of the
Secretary of Agriculture shall be deemed adequate to prevent the spread of the
gypsy moth and the brown-tail moth to other parts of the State, the restric-
ti taons provided 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
Sdesignated by the Secretary of Agriculture as regulated areas.
S' Regulation 3.-Regulated Areas; Generally and Lightly Infested Areas;
r a-t th Brown-tail Moth Infested Area
I. i*'"" (1) REGULATED AREAS
S The Secretary of Agriculture designates as regulated areas for the purpose of
|thJ.seregulations the States, counties, townships, towns, plantations, cities, and
t" -her political subdivisions listed below, including any cities, towns, boroughs,
,r-other political subdivisions included withiin their limits.
I4.-Vtonnecticut.-Counties of Hartford, Middlesex, New London, Tolland, and
i. .Windham; towns of Barkamsted, Colebrook, Harwinton. New Hartford. Ply-
i o: Pfouth, Thomaston, Torrington, and Winchester, in Litchfield County; towns of
hranford, Guilford, Madison. Meriden, North Branford, North Haven, Water-
Lbry, and Wolcott, in New Haven County.
".,Jaine.--Counties of Androscoggin, Cumberland, Kennebec, Knox, Lincoln,
|E4gagdahoc, Waldo, and York; towns of Avon, Berlin, Carthage, Chesterville,
I .:tokertown, Dallas Plantation, Farmiugtona, Freeman, Industry, Jay, Jerusa-
Seam Kingfleld, Madrid, Mount Abraham, New Sharon, New Vineyard, Perkins,
,ilHIips, Rangeley Plantation, Redington, Salem, Sandy River Plantation,
f strong, Temple, Washington, Weld, and Wilton. and Townships D and E, in
I. -yranklin County; all of Hancock County except Plantations 3, 4, 35. and 41; all
th at part of Oxford County south and southeast of and including Magalloway
'tiPntation and Richardsontown; towns of Alton, Argyle. Bradford, Bradley,
Ciabarmel, Charleston, Clifton, Corinna, Corinth, Dexter, Dixmont, Eddington,
:: ina, Exeter, Garland, Glenburn, Grand Falls Plantation, Greenhush, Green-
-1M d, Hampden, Hermon, Holden, Hudson, Kenduskeag, Levant, Milford, New-
Lburgh, Newport, Orono, Orrington, Plymouth, Stetson, Summit, and Veazie, and
%itjtes of Bangor, Brewer, and Old Town, in Penobscot County; towns of Ab-
htt, Atkinson, Dover, Foxcroft, Guilford, Kingsbury Plantation, Parkman,
,$ngerville, and Wellington, in Piscataquis County; all that part of Somerset
|SWty south and southeast of and including Highland and Pleasant Ridge
tihntations, town of Moscow, and Mayfield Plantation; towns of Beddington,
imwryfield, Columbia, Deblois, Harrington, Millbridge, and Steuben, and
i|antatlons 18 and 24, in Washington County.
I. Massachusetts.-Counties of Barnstable, Bristol, Dukes, Essex, Hampden,
..B.:::: pshire, Middlesex, Nantucket, Norfolk. Plymouth, Suffolk, and Worcester;
A:P'of Franklin County except the town of Monroe.
*:5y":XO Hampshire.--Counties of Belknap, Carroll, Cheshire, Grafton, Hills-
':ioro, Merrimack, Rockingham, Strafford, and Sullivan; all that part of Coos
County lying south of and including the towns of Columbia, Errol, Ervings
Location, and Millsfield.
Rhode Island.-The entire State.
Vermont.-Counties of Caledonia, Orange, Windham, and Windsor; towns of
Landgrove, Peru, Readsboro, Searsburg, and Winhall, in Bennington County;
towns of Brunswick, Concord, East Haven, Ferdinand, Granby, Guildhall, Lu-
nenburg, Maidstone, and Victory, in Essex County; towns of Elmore and Wol-
cott, in Lam-oille Coun.ty; towns of Chittenden, Clarendon, Ira, Mendon, Mount
Holly, Mount Tabor, Pittsfield, Pittsford. Proctor, Rutland, Sherburne, Shrews-
bury, Tinmouth, Wallingford, West Rutland, and the city of Rutland, in Rut-
land County; towns of Barre, Berlin, Cabot, Calais, East Montpelier, Marsh-
field, Middlesex, Montpelier, Moretown, Northfield, Plainfield, Roxbury, Waits-
field, Woodbury, and Worcester, in Washington County.
(2) DIVISION OF REGULATED AREA
Por the purpose of regulating inspection and transportation, the territory
designated above is divided into two classes of areas to be known as the "gen-
erally infested" and "lightly infested" areas respectively, and part of- such
regulated area is also designated as "brown-tail moth infested."
(3) LIGHTLY INFESTED AREA
The following States, counties, townships, towns, plantations, cities, and other
political subdivisions, including any cities, towns, boroughs, or other political
subdivisions included within their limits, .are designated as the lightly infested t-.
Connecticit.-County of Middlesex; towns of Avon, Berlin, Bristol, Burling- ;
ton, Farmington, Marlboro, New Britain, Newington, Plainville, Rocky Hill,
Southington, and West Hartford, in Hartford County; towns of Colebrook,
Harwinton, New Hartford, Plymouth, Thomaston, Torrington, and Winchester, 1
in Litfelifield County; towns of Branford, Guilford, Madison, Meriden, North
Branford, North Haven, Waterbury, and Wolcott, in New Haven County;
towns of East Lyme, Lyme, and Old Lyme, in New London County.
Maine.-Towns of Avon, Berlin, Carthage, Chesterville, Crockertown, Dallas
Plantation, Farmington. Freeman, Industry, Jay, Jerusilem, Kingfield, Madrid, F,
Mount Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley Planta-
tion, Redinrton, Snlem, Sandy River Plantation. Strong, Temple, Washington, :
Weld, and Wilton, and Townships D and E, in Franklin County; towns of Am- :
herst, Aurora, Bucksport, Dedham, Eastbrook, Franklin, Gouldsboro, Hancock, ,
Lmoiue, Mariaville, Orland, Osborn Plantation, Otis, Penobscot, Sorrento, Sulll- "
van, Trenton, Verona, Waltham. city of Ellsworth, and townships or plantationsT .;
numbered 7, 8. 9, 10. 16, 22. 28, 32, 33, 34, 39. and 40, in Hancook County; !
towns of Benton, Clinton, Rome, Unity Plantation, and Vienna, in Kennebeo I
County; towns of Andover, Batchelders Grant, Bethel, Byron, C., C. surplus, |
Dixfield, Fryeburg Academy Grant, Gilead, Grafton, Hanover, Magalloway
Plantation, Mexico, Milton Plantation, Newry, North Andover surplus, Peru, i
Richardsontown, Riley Grant, Roxbury, Rumford, and Upton, in Oxford Uounty;
towns of Alton. Arayle, Bradford. Bradley, Carmel. Charleston, Clifton, Co-
rinna, Cnrinth. Dexter. Dixmont. Eddington. Etna. Exeter, Garland, Glenburn, i
Grand Fa'ls Plantation, Greenbush, Greenfield, Hampden, Hermon, Holden, K
Hudson, Kenduskeag, Levant, Milford, Newburgh, Newport, Orono, Orrington, :
Plymouth, Stetson, Summit, and Veazie, and cities of Bangor, Brewer, and
Old Town, in Penobscot County; towns of Abbott, Atkinson, Dover, Foxcroft, 5
Guilford, Kingsbury Plantation, Parkman, Sangerville, and Wellington, in i
Piscataquis County; all that part of Somerset County south and southeast of II
and including Highland and Pleasant Ridge Plantations, town of Moscow, I
and Mayfield Plantation; towns of Brooks, Burnham, Frankfort, Freedom, *1
Jackson, Knox, Monroe, Montville, Morrill, Prospect, Searsmont, Searsport,
Stockton Springs, Swanville, Thorndike, Troy, Unity, Waldo, Winterport, and S
the city of Belfast, in Waldo County; towns of Beddington, Cherryfleld,
Columbia, Deblois, Harrington, Millbridge, and Steuben, and Plantations 18 and III
24, in Washington. County.
Massachusetts.-Towns of Charlemont, Hawley, Heath, and Rowe, in Frank- ir
lin County; towns of Chester and Tolland, in Hampden County; towns of Cum- :
mington, Huntington, Middlefield, Plainfield, and Worthington, in Hanp8hire II -
.. .. .. .. .. .. .. .. .. .. .. .. .*
New Hampshire.-Town of Hart Location, in Carroll County; all that part
of Coos8 County lying south of and including the towns of Columbia, Errol,
Ervings Location, and Millsfield; towns of Bath, Bethlehem, Franconia, Lan-
daff, Lisbon, Littleton, Lyman, and Monroe, in Grafton County.
Rhode Island.-Town of New Shoreham (Block Island), in Newport County.
Vermont.-Counties of Caledonia and Orange; towns of Landgrove, Peru,
Readsboro, Searsburg, and Winhall, in Bennington County; towns of Bruns-
wick, Concord, East Haven, Ferdinand, Granby, Guildhall, Lunenburg, Maid-
store, and Victory, in Essexw County; towns of Elmore and Wolcott, in Lamnoile
County; towns of Chittenden, Clarendon, Ira, Mendon, Mount Holly, Mount
Tabor, Pittsfield, Pittsford, Proctor. Rutland, Sherburne, Shrewsbury, Tin-
mouth, Wallingford, West Rutland, and the city of Rutland, in Rutland Countq;
towns of Barre, Berlin, Cabot, Calais, East Montpelier, Marshfield, Midd!esex,
Montpelier, Moretown, Northfield, Plainfield, Roxbury, Waitsfleld, Woodbury,
and Worcester, in Washington County; towns of Athens, Brookline, Dover,
Grafton, Halifax, Jamaica, Londonderry, Marlboro, Newfane. Somerset, Strat-
ton, Townshend, Wardsboro, Whitinghnm, Wilmington, andl Windham, in Wind-
ham County; all of Windsor County except the towns of Springfield, Weathers-
field, and Windsor.
(4) GENERALLY INFESTED AREA
All parts of the regulated area not designated as lightly infested in section
(3) hereof, shall comprise the generally infested area.
(5) BROWN-TAIL MOTH INFESTED AREA
The following counties, towns, and other political subdivisions, including
any cities, boroughs, or other political subdivisions included within their limits,
are also infested with the brown-tail moth and are hereby designated as the
brown-tail moth infested area:
Maine.-Counties of Androscoggin, Cumberland, Kennebec, Knox, Lincoln,
Sagadahoc, Waldo, and York; towns of Chesterville, Farmington, Industry, Jay,
New Sharon, and Wilton, in Franklin County; towns of Bar Harbor, Bucks-
port, Orland, Surry, and Trenton, and the city of Ellsworth, in Hancock
County, and all territory west and south of said towns in said county; towns
of Albany, Bethel, Brownfield, Bucktield, Canton, Denmark. Dixfield, Frye-
burg, Greenwood, Hartford, Hebron, Hiram, Lovell, Mason, Milton Plantation,
Norway, Oxford, Paris, Peru, Porter, Rumford, Stoneham, Stow, Sumner,
Sweden, Waterford, and Woodstock, in Oxford County; cities of Bangor and
Brewer, and towns of Carmel. Dixmont, Etna, Hampden, Hermon, Newburgh,
Orrington, and Plymouth, in Penobscot County; and towns of Canaan, Fair-
field, Mercer, Norridgewock, Pittsfield, Skowhegan, Smithfield, and Starks, in
Massachusetts.-Counties of Barnstable, Bristol, Dukes, Essex, Middlesex,
Nahtucket, Norfolk, Plymouth, and Suffolk; towns of Ashburnham, Berlin,
Blackstone, Bolton, Boyleston, Clinton, Douglas, Fitchburg, Gardner, Grafton,
Harvard, Holden, Hopedale, Lancaster, Leominster, Lunenburg, Mendon, Mil-
ford, Millbury, Millville, Northborough, Northbridge, Paxton, Princeton, Royal-
ston, Shrewsbury, Southboro, Sterling, Sutton, Templeton, Uptont, Uxbridge,
Webster, West Bolyston, Westboro, Westminster, and Winchendon, and the city
of Worcester, in Worcester County.
New Hampshire.-Counties of Belknap, Cheshire, Hillsboro, Merrimack,
Rockingham, Strafford, and Sullivan; all of Carroll County except the town of
Jackson; all of Grafton County except the towns of Bethlehem and Littleton.
Vermnont.-Towns of Barnet and Ryegate, in Caledonia County; towns of
Bradford, Fairlee, Newbury, Thetford, and West Fairlee, in Orange County;
towns of Brattleboro, Dummerston, Putney, Rockingham, Vernon, and West-
minster, in Windham County; towns of Hartford, Hartland, Norwich, Spring-
field, Weatherford, West Windsor, and Windsor, in Windsor County.
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 writing
to the transportation companies doing business in or through the States in
which such areas are located and by publication In one or more neWspa peir r
selected by the Secretary of Agriculture within the States in which the areas
affected are located.. ; I
Regulation 5.-Control of Movement of Restricted Articles .
Certification required.-Except as otherwise provided in this regulation or
except as exempted by administrative instructions:
(1) No restricted articles as defined in regulation 1 shall be moved or
allowed to be moved interstate from the regulated areas to or throug'hany
point outside thereof, nor from the generally infested area to the ightly
infested area, unless and until a certificate or permit shall have been isued
therefore by an inspector.
(2) Christmas trees and evergreen boughs.-Coniferous trees, such as ipro,
fir, hemlock, pine, juniper (cedar), and arborvitae (white cedar) without 6ts,
known and described as "Christmas trees", and parts thereof over 3 fooj
in length, originating in the generally infested area (unless grown as nursery
stock in a cultivated nursery and certified under the provisions .of. rUegltion
6 hereof), shall not be moved or allowed to be moved interstate to any poit
outside of such area and no certificate or permit will be issued authorizing
such movement. Such articles which have originated in the lightly infested
area may be shipped interstate from the generally infested area under the
inspection and certification prescribed in paragraph (1) hereof.
(3) Shipments from brown-tail moth infested area.-Except as provided in
paragraph (5) hereof no deciduous trees or shrubs, or such branches or other
parts thereof as bear leaves, shall be moved or allowed to be moved interstate
from the area designated as infested by the brown-tail moth to any.point, Qut-
side thereof unless and until a certificate or permit shall have-been issUed
therefore by an inspector, except that as to such movement wholly within nf tI
generally infested gypsy-mruoth area or wholly within the lightly infested
gypsy-moth area, or from the lightly infested to the generally infestedgy,
moth area, a valid State nursery inspection certificate of the State from wiihj
the shipment is made may be substituted for such Federal certificate'
(4) Shipments within regulated areas unrestricted.-Other than asi- .
scribed in paragraph (3) hereof, and in regulation 9, no restrictions trbqX
placed by these regulations on the interstate movement of restricted artic f'
wholly within the generally infested area or wholly within the lightly infestli
area or from the lightly infested area to the generally infested area. ':
(5) Cut flowers and greenhouse-groicwn plants.-In the case of woody plants
which are grown in the greenhouse throughout the year, the plants themselves
and the cut flowers thereof may be shipped interstate without inspect aon
certification' under these regulations on condition that each box or package
thereof is plainly labeled to show that the contents were greenhouse grown. -
(6) Herbaceous plants unrestricted.-No restrictions' are placed by these
*regulations on the interstate movement of strawberry plants, or of 'Other
herbaceous annual or perennial plants or parts thereof. .
Regulation 6.-Conditions Governing the Issuance of Certificates
(a) Application; assembly of articles for inspection.-Persons intending
to move or allow to be moved restricted articles interstate shall make appliea-
tion therefore as far as possible in advance of the probable date of shipment.
Applications must show the nature and quantity of the plants or plant products
or stone or quarry products it is proposed to move, together with- their exact
location, and, if practicable, the contemplated date of shipment. Applicant&
for inspection will be required to assemble or indicate the articles to be shipped
so that they can be readily examined by the inspector. If not so placed, inspe- -
tion will be refused. Articles to be inspected must be free from ice and snow
and in condition to make inspection easily practicable
(b) Nursery-grown stock.-With respect to nursery-grown stock, Federal
inspection and the issuance of Federal certificates authorizing the interstate
movement of nursery products will be conditioned on the presentation of a !
valid State certificate stating that the nursery in question has been inspected :
by a State nursery inspector and certifying that it is apparently free from in-
festation with gypsy and brown-tail moths. Such State certification shall b. \
SShipments of such plants and flowers from the area regulated under the Japanefs J:
beetle quarantine are subject to the certification requirements of that quarantine.
: renewed each year, shall be based on an inspection made as promptly as prac-
ticable after the egg-laying period of the gypsy moth, and shall be valid for
the purpose of Federal certification, until the following egg-hatching period,
except that, pending reinspection, shipments may be inspected and certified
Ir interstate movement on the basis of the State certification of the preceding
ear. Whenever any nursery or independent unit thereof in the regulated
S ,ea, or any shipment therefrom, is reported by a State inspector 'to be ap-
pi'reciably infested with either the gypsy moth or the brown-tail moth, or when-
aer such infestation is determined by a Federal inspector on his examination
kof material offered for shipment, further certification for interstate movement
I*h from such nursery, or independent unit thereof, will be refused until such
'ilrsery has been freed from infestation and has been again inspected and cer-
tiiiied by the State to be apparently clean. During the larval period of the
ppgjsy moth all nursery stock shall be assembled for the examination of the
IlFederal inspector, and if passed by him as free from any infestation, either by
ei ufa.asses' or wind-blown larvae, it may then be lined tip and thoroughly
sprayed under the direction of and in manner and method satisfactory to the
$ aid inspector, who will certify each shipment as having been thus inspected and
(c) Native trees and shrubs.-With respect to living trees and plants not
g Frown in nurseries, inspection and certification for interstate movement will
b be conditioned upon the presentation of a statement by the applicant indi-
ce eating the exact source of such trees and plants, and in add-tion to such
: statement, if dug on land other than the property of the applicant, a permit
from the owner of the said land authorizing such digging, provided such permit
f required under the law of the State wherein the land is situated. if the
inspection of the trees or plants intended for shipment discloses infestation
Swith either the gypsy moth or brown-tail moth, certification will be refused as
-to the intended shipment and as to other similar shipments of trees or plants
Originating on the same property or in the same locality.
S(d) Forest products.and -stone and quarry products.--Certificates of inspec-
:tion authorizing the interstate movement of forest products and stone and
I arry products may be issued under either of the following conditions: (1)
B When the articles to be shipped have actually been inspected and found free
JI' om infestation. or (2) when the articles have been disinfected under the
Ssumpervision, of an inspector in sueh a manner as to eliminate all risk of infesta-
;tion. With respect to quarries, and with respect to yards or other places
w:'here forest products are assembled for shipment, as a condition of inspection
.i::sad certification, the premises or surroundings of such places shall be cleaned
..:up and kept free from gypsy moth infestation.
(o: .(e) Charges for storage, etc.-All charges for storage, cartage, and labor in-
i::::-ident to, Inspection or disinfection other than the services of the inspectors
sA hall be paid by the shipper.
; (f) Use of certifloates.-Certificates of inspection will be issued only for
S.plants and plant products and stone or quarry products which are free from
SInfestation by the gypsy moth and the brown-tail moth and have been so
determined -by an inspector. The use of such certificates in connection with
-plants and plant products and stone or quarry products which are not in
cmplianee with these regulations is unlawful.
u::"(g) Report of certifwca.tes.-Persons to whom certificates are issued shall
ituriport at time of shipment on forms provided for that purpose all their sales
oi Shipments of such articles to points outside the regulated area.
H : Regulation 7.-Conditions Governing the Issuance of Permits Without
|:...Inspection, and the Reporting of Shipments
'.': Permits authorizing the interstate movement of restricted articles may be
:issued (1) when such products have been grown, or manufactured, processed,
::.'Sd stored in -such a manner that, in the judgment of the inspector, no infes-
l:;ttion could be transmitted, and (2) when such products originate outside of
the infested areas and, while within the infested area,, have been stored and
l afeguarded in such a manner that, in the judgment of the inspector, no infesta-
tkin. cvuld( be transmitted. Permits will be issued only for plants and plant
products and stone or quarry products which are not infested with the gypsy
-moth or brown-tail moth.
..i::Persons to whom permits are issued shall report at time of shipment on
frs provided for that purpose all their sales or shipments of such articles
points outside the regulated area.
UNIVtKSITY OF FLORIDA
3 1262 08721 5744 j
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Regulation 8.-Marking and Certification a Condition of Inter .af .
'** ..w -:., :'. .
(a) Every car, vehicle, box, basket, or other container of the articles tsr
which a certificate or permit is required by these regulations shall 'bslAt
marked wih the name and address of the consignor and the name kan- i Sates
Sof the consign-ee, and shall. have securely attached to the outie Wfija
.valid certifiecQbr permit issued in compliance with these regulatfot s 'Iti'*th'
case of lot sh *j'nts by freight, one certificate attached to "oineo': bSJ' -&n- .
tainers and an.% t- certificate attached to the waybill will be geffi iate ; I2r
(b) In the case'of bulk carload shipments by rail, the dertifidate i.. i ...
company the waybill, conductor's manifest, memorandum, or bll o :|t
pertaining to such shipment, and in addition each car shall 'haVe:
attached to the outside thereof a placard showing the number of :the.
or certificates accompanying the waybill.
(c) In the case of shipment by road vehicle, the certificates Shall t:aiM
the vehicle. : '-:
(d) Certificates shall be surrendered to the consignee upon *delvfl-theM
Regulation 9.-Thorough Cleaning Required of Cars, Boats, and Othr YOi a -
Before Moving Interstate : 04.... ..
Cars, boats, and other vehicles which have been used in M:W
stricted articles within the regulated areas shall not be moved-r: 0:::nn .. .::
move interstate until the same shall have been thoroughly swept:1 f l
cleaned by the carrier at the point of unloading or destination t-A'.iM
and rubbish from such regulated articles. No litter, rubbish or ......
any such restricted articles shall be moved or allowed to move-...ts" IOWN::
Regulation 10.-Inspection in Transit -j :
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Any car, vehicle, basket, box, or other container moved interstate i
to a common carrier for shipment interstate, which contains :....iS A
inspector has probable cause to believe contains either infestt111''::i:;*
articles the movenient of which is prohibited or restricted by thea i :" :W.
shall be subject to inspection by an inspector at any time or pm.lawii!hj 04 f
Regulation 11.-Cancelation of Certificates and Peran 3I:P:: hi
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Certificates and permits issued under these regulations may bH :::::::i
or canceled by the inspector and further certification refused, ....
failure of compliance with the conditions of these regulations or:
them, or whenever in the judgment of the inspector the further.'i^^...
certificates might result in the dissemination of infestation.
Regulation 12.-Shipments. by. the United States Departwuent of
Articles subject to restriction in these regulations may be moved i.........
by the United States Department of Agriculture for experimental
purposes, on such conditions and under such safeguards as may ibp
by the Bureau of Entomology and Plant Quarantine. The container.
so moved shall bear, securely attached to the outside thereof, an
tag from the Bureau of Entomology and Plant Quarantine showing
with such conditions. ...,, ...
These revised rules and regulations shall be effective on and after1....... 1(. .
4, 1935, and shall supersede the rules and regulations promulgated:l.
27, 1934. ..... .....
Done at the city of Washington this 4th day of ....Nov:
Witness my hand and the seal of the United States ... 6' "
of Agriculture. ,:
H. A. A.
U. GOVERNMENT 0Wl
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