Modifications of japanese beetle quarantine regulations

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Modifications of japanese beetle quarantine regulations
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B. E. P. Q.-Q. 48
144'


B. E. P. Q.-Q. 48 Revision of Regulatilcns 3, 5, and 6 and
reprinting of regulations 7 and 9.
Effective April 5, 1940

United States Department of Agriculture
BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE


MODIFICATIONS OF JAPANESE BEETLE QUARANTINE
REGULATIONS


INTRODUCTORY NOTE
Extensions of the regulated areas in Maryland, New York, Ohio, Pennsylvania,
and West Virginia are made in the following revision of regulation 3. In Mary-
land, the entire counties of Caroline, Harford, and Talbot are brought under
regulation, and minor extensions have been made in the counties of Baltimore,
Carroll, Frederick, Washington, and Wicomico. In New York, but one community
is added, Erwin Township in Steuben County. The newly added Ohio area in-
cludes the entire counties of Belmont, Guernsey, Medina, Wayne, and part of
Lake County. The area in Pennsylvania has been extended to all of Clarion
County and parts of Venango and Erie Counties, placing Corry and Erie under
regulation as isolated points. West Virginia extensions include Brooke County,
the whole of Jefferson County, area in Wood County, and the city of Charleston
the latter as an isolated point. Wheeling is brought within the main regulated
area.
Under regulation 5, the special area from which the movement of fruits and
vegetables by motortruck or refrigerator car is regulated has been extended to
New York City and surrounding area, including one town in Connecticut, as
well as additional area in Maryland, New Jersey, and Pennsylvania.
The season during which fruits and vegetables are required to be certified
when shipped from the regulated area remains the same as heretofore, from June
15 to October 15, except that in the case of a small area in Virginia, designated
in subsection (A) of regulation 5, certification is required beginning June 1.
Certificate requirements are lifted as to portions of plants without roots and
free from soil, such as branches, twigs, and Christmas trees, and also as
to soil-free, dried roots incapable of propagation and appropriately labeled. The
certification requirements remain in effect as to cut flowers shipped from June
15 to October 15, inclusive. Plants of trailing arbutus, heretofore exempted part
of the year when shipped without primary roots and soil-free, are now exempt
from certification from October 16 to June 14, provided they are soil-free.
AVERY S. HOYT,
Acting Chief, Bureau of Entonmology and Plant Quarantine.


AMENDMENT NO. 2 TO THE RULES AND REGULATIONS (SEVENTEENTH
REVISION) SUPPLEMENTAL TO NOTICE OF QUARANTINE NO. 48
(Approved April 4, 1940; effective April 5, 1940)
Under authority conferred by 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), it is ordered that regulations 3, 5, and 6 (sees. 301.48-3, 5, and 6) of
the rules and regulations (seventeenth revision) supplemental to Notice of Quar-
antine No. 48 (sec. 301.48) on account of the Japanese beetle, which were promul-
gated February 16, 1939, as amended, are hereby further amended to read as
follows:
Regulation 3
Smo. 301.48-3. Regulated areas.-In accordance with the provisos to Notice of
Quarantine No. 48 (twelfth revision) (sec. 301.48), the Secretary of Agriculture
designates as regulated areas for the purpose of these regulations the States, Dis-
trict, counties, townships, towns, cities, election districts, and magisterial dis-
2423810-40







2

tricts 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 Androscoggin
County; towns of Cape Elizabeth, Gorham, Gray, New Gloucester, Raymond, Scar-
boro, Standish, and the cities of Portland, South Portland, Westbrook, and Wind-
ham, in Cumberland County; the city of Waterville, in Kennebec County; and the
city of Brewer, in Penobscot County.
Maryland.-Counties of Caroline, Cecil, Harford, Kent, Queen Annes, Somer-
set, Talbot, 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,
81, and 32, in Allegany County; the city of Annapolis and election districts Nos.
2, 3, 4, and 5, in Anne Arundel County; all of Baltimore County except election
.districts Nos. 5 and 6; the city of Westminster, and the election districts of
freedomm (No. 5), Hampstead (No. 8), Mount Airy (No. 13), New Windsor (No.
11), Taneytown (No. 1), Uniontown (No. 2), and Westminster (No. 7), in Carroll
County; election districts of La Plata and White Plains, in Charles County;
election districts of Cambridge (No. 7), East New Market (No. 2), Hurlock (No.
15), and Williamsburg (No. 12), In Dorchester County; election districts of
Brunswick (No. 25), Buckeystown (No. 1), Frederick (No. 2), Jefferson (No. 14),
New Market (No. 9), Petersville (No. 12), and Woodville (No. 18), in Frederick
County; election districts of Elkridge (No. 1), Ellicott City (No. 2), Guilford
(No. 6), and West Friendship (No. 3), in Howard County; election districts of
Colesville (No. 5), and Rockville (No. 4), in Montgomery County, and those
portions of the election districts of Bethesda (No. 7), and Wheaton (No. 13), in
said county located within the established boundaries of the so-called Washing-
ton Suburban Sanitary District; all of Prince Georges County except the election
districts of Aquasco (No. 8), and Nottingham (No. 4); election districts of
hinkstown (No. 10), Hagerstown (Nos. 3, 17, 21, 22, 24, and 25), Halfway (No.
26), Leitersburg (No. 9), Sandy Hook (No. 11), Sharpsburg (No. 1), and Williams-
port (No. 2), in Washington County; election districts of Camden (No. 13),
Delmar (No. 11), Dennis (No. 6), Fruitland (No. 16), Nutters (No. 8), Parsons
(No. 5), Pittsburg (No. 4), Salisbury (No. 9), and the town of Salisbury, Sharp-
town (No. 10), Trappe (No. 7), and Willards (No. 14), in Wicomnico County.
Massachusetts.-The entire State.
New Hampshire.-Counties of Belknap, Cheshire, Hillsboro, Merrimack, Rock-
Ingham, Strafford, and Sullivan; towns o Brookfield, Eaton, Effingham, Freedom,
Madison, Moultonboro, Ossipee, Sandwich, Tamworth, Tuftonboro, Wakefield, and
Wolfeboro, in Carroll County; towns of Alexandria, Ashland, Bridgewater,
Bristol, Canaan, Dorchester, Enfield, Grafton, Groton, Hanover, Hebron, Holder-
ness, 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,
Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk,
Sullivan, Tioga, Ulster, Washington, and Westchester; towns of Red House and
Salamanca, and the city of Salamanca, in Cattaraugus County; towns of Amherst,
Cheektowaga, and Tonawanda, 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; town
of Watertown and city of Watertown, in Jefferson County; town of Mount Morris
and village of Mount Morris, in Livingston County; city of Rochester and town
of Brighton, in Monroe County; towns of Catherine, Cayuta, Dix, Hector, Mon-
tour, and Reading, and the borough of Watkins Glen, in Schuyler County; towns
of Caton, Corning,'Erwin, Hornby, and Hornellsville, and the cities of Corning
and Hornell, 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 Belmont, Carroll, Columbiana, Cuyahoga, Guernsey, Har-
rison, Jefferson, Mahoning, Medina, Portage, Stark, Summit, Tuscarawas, and
Wayne; the city of Coshocton, in Coshocton County; the city of Columbus,
and villages of Bexley, Grandview, Grandview Heights, Hanford, Marble
Cliff, and Upper Arlington, in Franklin County; townships of Kirtland, Mentor,










and Willoughby, and the villages of Kirtland Hills, Lakeline, Mentor, Mentor-
on-the-Lake, Waite Hill, Wickliffe, Willoughby, and Willowick, in Lake County;
the township of Newark and city of Newark, in Licking County; the city of
Toledo, in Lucas County; the township of Madison and the city of Mansfield,
in Richland County; townships of Bazetta, Braceville, Brookfield, Champion,
Fowler, Hartford, Howland, Hubbard, Liberty, Lordstown, Newton, South-,.
ington, Warren, Weathersfield, and Vicuna, the cities of Niles and Warren,
and the villages of Cortland, Girard, Hubbard, McDonald, Newton Falls, and
Orangeville, in Trumbull County.
Pennsylvania.-The entire State, except Crawford and Forest Counties;
Mercer Township in Butler County; townships of Amity, Concord, Conneaut,
Elk Creek, Fairview, Franklin, Girard, Greene, Greenfield, Harborcreek, Lo
Boeuf, McKean, North East, Springfield, Summit, Union, Venango, Washington,
and Waterford, and the boroughs of Albion, Cranesville, East Springfield,
Edinboro, Elgin, Fairview, Girard, Lawrence Park, M1iddleboro, Mill Village,
North East, North Girard, Platea, Union City, Waterford, Wattsburg, and
Wesleyville, in Erie County; townships of Coolspring, Deer Creek, Delawa. ,
East Lackawannock, Fairview, Findley, French Creek, Greene, Hempfield,
Jackson, Jefferson, Lackawannock, Lake, Liberty, MIl Creek, New Vernon,
Otter Creek, Perry. Pine, Pymatuning, Salem, Sandy Creek, Sandy Lake, South
Pymatuning, Springfield, Sugar Grove, West Salem, Wilmington, Wolf Creek,
and Worth, and the boroughs of Clarksville, Fredonia, Greenville, Grove City,
Jackson Center, Jamestown, Mercer, New Lebanon, Sandy Lake, Sheakleyville,
and Stoneboro, in Mercer County; townships of Allegheny, Canal, Cherrytree,
Clinton, Irwin, Jackson, Mineral, Oakland, Oilcreek, Plum, Scrubgrass, and
Victory, and the boroughs of Clintonville, Cooperstown, and Pleasantville, in
Venango County; and the townships of Brokenstraw, Cherry Grove, Columbus,
Conewango, Deerfield, Eldred, Farmington, Freehold, Limestone, Pine Grove,
Pittsfield, Pleasant, Southwest, Spring Creek, Sugar Grove, Triumph, Watson
(including the boroughs of Bear Lake, Grand Valley, Sugar Grove, Tidioute,
and Youngsville), in Warren County.
R.hode Island.-The entire State.
Vermont.-Counties of Bennington, Rutland, Windham, and Windsor; and
the town of Burlington, in Chittenden County.
Virginia.-Counties of Accomac, Arlington, Culpeper, Elizabeth City, Fair-
fax, Fauquier, Henrico, Loudoun, Norfolk, Northampton, Prince William,
Princess Anne, and Stafford; magisterial districts of Dale and Manchester,
in Chesterfield County; magisterial district of Sleepy Hole, in Nansemond
County; magisterial district of Courtland, in Spotsylvania County; Camp
Stuart, in Warwick County; magisterial district of Washington, in Westmore-
land County; and the cities of Alexandria, Fredericksburg,' Hampton, Newport
News, Norfolk, Portsmouth, Richmond, South Norfolk, and Suffolk.
West Virginia.-Counties of Brooke, Hancock, Harrison, Jefferson, Marion,
Monongalia, and Taylor; districts of Arden, Falling Waters, Hedgesvllle,
and Opequon, and the city of Martinsburg, in Berkeley County; the city of
Charleston, in Kanawha County; town of Keyser and district of Frankfort
in Mineral County; the city of Wheeling, in Ohio County; and the city of
Parkersburg, and districts of Lubeck and Tygart, in Wood County.1

Regulation 5'
(Approved May 22, 1940; effective May 27, 1940

SEC. 301.48-5. Restrictions on the movement of fruits and vegetables.-A.
Control of movement.-(1) Unless a certificate or permit shall have been
issued therefore, by an inspector, except as provided in paragraphs (a) to (e)
inclusive, of this regulation, no fruits or vegetables of any kind shall be moved
or allowed to be moved interstate via refrigerator car or motortruck from
the State, District, counties, election districts, townships, towns, or cities
listed below to or through any point outside the regulated areas:
Connecticut.-Town of Greenwich in Fairfield County.
Delaware.-The entire State.
District of Columnbia.-The entire District.

1 Sees. 301.48-3, 5, 6, 7, and 9 issued under authority of sec. 8, 87 Stat. 818; 39 Stat.
1165; 44 Stat. 250; 7 U. S. C. 161.
sAs revised by amendment No. 3 to the Rules and Regulations (seventeenth revision)
supplemental to Notice of Quarantine No. 48.









Maryland.-Counties of Cecil, Harford, Kent, Queen Annes, Somerset, and
Worcester; election district No. 5 in Anne Arundel County; the city of Balti-
more; all of Baltimore County except election districts Nos. 4, 5, 6, 7, 8, and 10;
all of Caroline County except election districts of American Corners (No. 8),
and Hillsboro (No. 6); election districts of Cambridge (No. 7), East New
Market (No. 2)', Hurlock (No. 15), and Williamsburg (No. 12), in Dorchester
County; election districts of Camden (No. 13), Delmar (No. 11), Dennis
(No. 6), Fruitland (No. 16), Nutters (No. 8), Parsons (No. 5), Pittsburg
(No. 4), Salisbury (No. 9), and the town of Salisbury, Trappe (No. 7), and
Willard (No. 14), in Wicomico County.
New Jersey.-Counties of Atlantic, Burlington, Camden, Cape May, Cumber-
land, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth,
Ocean, Salem, Somerset, and Union; townships of Lodi, Lyndhurst, Overpeck,
Rochelle Park, Saddle River, and Teaneck, the cities of Englewood, Garfield, and
Hackensack, and the boroughs of Bogota, Carlstadt, Cliffside Park, East Paterson,
East Rutherford, Edgewater, Englewood Cliffs, Fair Lawn, Fairview, Fort Lee,
Glen Rock, Hasbrouck Heights, Leonia, Little Ferry, Lodi, Maywood, Moonachie,
North Arlington, Palisades Park, Ridgefield, Rutherford, Teterboro, Wallington,
and Wood Ridge, in Bergen County; townships of Chatham, Chester, Denville,
East Hanover, Hanover, Harding, Menham, Morris, Morristown, Parsippany-Troy
Hills, Passaic, Randolph, and Washington, and the boroughs of Chatham, Flor-
ham Park, Madison, Mendham, and Morris Plains, in Morris County; township
of Little Falls, the cities of Clifton, Passaic, Paterson, and the boroughs of
Haledon, Hawthorne, North Haledon, Prospect Park, Totowa, and West Paterson,
in Passaic County; townships of Franklin, Greenwich, Lopatcong, Mansfield,
Phillipsburg, Pohatcong, and Washington, and the boroughs of Alpha and Wash-
ington, in Warren County.
New York.-Counties of Bronx, Kings, New York, Queens, and Richmond;
town of North Hempstead, in Nassau County; towns of Eastchester, Harrison,
Mamaroneck, Pelham, Rye, and Scarsdale, and the cities of Mount Vernon, New
Rochelle, White Plains, and Yonkers, in Westchester County.
Pennsylvania.-Counties of Bucks, Chester, Delaware, Lancaster, Montgomery,
and Philadelphia; townships of Alsace, Amity, Bern, Brecknock, Caernar-von,
Colebrookdale, Cumru, District, Douglass, Earl, Exeter, Hereford, Lower Alsace,
Maidencreek, Muhlenberg, Oley, Ontelaunee, Pike, Robeson, Rockland, Ruscomb-
manor, South Heidelberg, Spring, Union, and Washington, the city of Reading,
and the boroughs of Bally, Bechtelsville, Birsdboro, Boyertown, Mohnton, Mount
Penn, Saint Lawrence, Shillington, Sinking Spring, Temple, West Lawn, West
Reading, Wyomissing, and Wyomissing Bills, in Berks County; townships of
Londonderry, Lower Paxton, Lower Swatara, Susquehanna, and Swatara, the
city of Harrisburg, and the boroughs of Highspire, Middletown, Paxtang, Pen-
brook, Royalton, and Steelton, in Dauphin County; townships of Lower Macungie,
Lower Milford, Upper Milford, and Upper Saucon, and the boroughs of Coopers-
burg and Emaus, in Lehigh County; townships of Lower Saucon and Williams,
in Northampton County; townships of Lower Chanceford and Peach Bottom, in
York County.
Virginia.-Counties of Accomac, Arlington, and Northampton.
Provided, That shipments of fruits and vegetables moving interstate from the
area specified in paragraph (1) of this regulation to other points in the regulated
area and subsequently diverted to points outside the regulated area, shall be
regarded as direct shipments from the point of origin. As such they require
certification:
Provided further, That the Chief of the Bureau of Entomology and Plant
Quarantine may byadministrative instructions extend or reduce the areas speci-
fied in this regulation when in his judgment such action is considered advisable.
(a) No restrictions are placed on the interstate movement of fruits and
vegetables between October 16 and June 14, inclusive, except that in the case
of movement interstate from the following areas, the exemption applies only
during the period from October 16 to May 31, inclusive:
Virginia.-The counties of Accomac, Elizabeth City, Norfolk, Northampton, and
Princess Anne; the magisterial district of Sleepy Hole, in Nansenmond Countty;
Camp Stuart in Warwiick County; and the cities of Hampton, Newport News,
Norfolk, Portsmouth, South Norfolk, and Suffolk.
(b) No certificate or permit will be required for the interstate movement of
fruits and vegetables when transported by a common carrier on a through bill
of lading either from a point outside the area designated in this regulation










through that area to another outside point, or from the area designated in this
regulation through a nonregulated area to another regulated area, except that
a certificate is required for interstate movement from the area specified in
paragraph (1) of this regulation to the following-named isolated points: Brewer
and Waterville, Maine; Hornell, Mount Morris, and Watertown, and the towm
of Hornellsville, Steuben County, N. Y., or to other regulated parts of Jefferson
and Livingston Counties, N. Y.; Columbus, Coshocton, Mansfield, Newark, and
Toledo, Ohio, or to other regulated parts of Licking and Richland Counties,
Ohio; Corry and Erie, PIa.; Burlington, Vt.; and Charleston and Parkersburg,
W. Va.
(c) No restrictions are placed on the interstate movement of fruits and
vegetables 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 (1) bananas in single hunches packed in commercial containers; or (2)
bananas singly, or in individual hands.
(e) No restrictions are placed on the interstate movement of fruits and
vegetables from the area listed in paragraph (1) of this regulation to the
remainder of the regulated area, other than as specified in paragraph (b) of
this regulation.
(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.
B. Conditions of certification.-Certificates may be issued for the interstate
movement of fruits and vegetables between June 15 and October 15, inclusive
(or between June 1 and October 15, inclusive, when consigned from that part
of Virginia described in paragraph (a) of this regulation) under one of the
following conditions:
(3) When the fruits and vegetables moving by motortruck 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 lim-
ited and their location determined by shipping needs and further conditioned
on the establishment at such points of provisions satisfactory 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 beetles.
(4) When the fruits and vegetables have been handled or treated under the
observation of an inspector in manner and by method to free them from any
infestation.
(5) When the fruits and vegetables have originated outside the areas desig-
nated in this regulation, and are to be reshipped directly from freight yards,
transfer points, or unloading docks within such areas, under provisions satis-
factory to the inspector for safeguarding of such shipments pending certifica-
tion 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.
(6) When the fruits and vegetables were grown in districts where the fact
has been established to the satisfaction of the inspector that no infestation
exists and are to be shipped directly from the farms where grown to points
outside the areas designated in paragraph (1) of this regulation, 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.
(7) When the fruits and vegetables moving via refrigerator car from the
area designated in 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 inspec-
tor as fumigated or thoroughly swept and cleaned by the common carrier in a
manner to rid it of infestation. During the interval between fumigation or
cleaning and loading, such refrigerator car must be tightly closed and sealed.
(8) When the fruits and vegetables moving via refrigerator car from the area
designated 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.8
Regulation 6

SEC. 301.48-6. Restrictions on the movement of nursery and ornamental
stock.-A. Control of movement.-Nursery and ornamental stock as defined in
regulation 1 (sec. 301.48-1) shall not be moved or allowed to be moved inter-
state from 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) The following articles, because of their growth or production, or their
manufactured or processed condition, are considered innocuous as carriers (if
infestation and are therefore exempt from the requirements of certification:
(a) (i) True bulbs, corms, and tubers, when dormant, except for storage
growth, and when free from soil, and (ii) single dahlia tubers or small dahlia
root divisions when free from stems, cavities, and soil. Dahlia tubers, other
than single tubers or small root divisions meeting these conditions, require
certification.
(b) (i) Cut orchids, (Ui) orchid plants, when growing exclusively in Osmunda
fiber, (iii) Osmunda fiber, Osmundine, or orchid peat (Osmunda cinnamomea,
and 0. claytoniana).
(c) (i) Floral designs or "set pieces," including wreaths, sprays, casket
covers, and all formal florists' designs; bouquets and cut flowers not so pre-
pared are not exempted; (ii) trailing arbutus, or Mayflower (Epigaea repens),
when free from soil, and when shipped during the period between October 16
and June 14, inclusive.
(d) (i) Herbarium specimens, when dried, pressed, and treated, and when
so labeled on the outside of each container of such materials, (ii) mushroom
spawn, in brick, flake, or pure culture form.
(e) (i) Sheet moss (Oalliergon schriberi and Thuridium recognitumn), (ii)
resurrection plant or bird's-nest moss (Selaginella lepidophylla), (iii) sphagnum
moss, bog moss, or peat moss (Sphagnaceae), (iv) dyed moss, when heat treated
and appropriately labeled.
(f) Soil-free, dried roots incapable of propagation, when appropriately
labeled.
(2) No restrictions are placed on the interstate movement of nursery and
ornamental stock imported from foreign countries when reshipped from the
port of entry in the unopened original container and labeled as to each con-
tainer with a copy certificate of the country from which it was exported, 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 of soil-free aquatic
plants, and of portions of plants without roots and free from soil, except
that a certificate is required for the movement of cut flowers during the period
June 15 to October 15, inclusive.
(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
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, except that a certificate is required between June 15 and Oc-
tober 15 for interstate movement of cut flowers from the main regulated areas
to the following-named isolated points: Brewer and Waterville, Maine; Brighton,
Buffalo, Hornell, Mount Morris, Rochester, and Watertown, and the town of
Hornellsville, Steuben County, N. Y., or to other regulated parts of Erie,
Jefferson, and Livingston Counties, N. Y.; Columbus, Coshocton, Mansfield,
Newark and Toledo, Ohio, or to other regulated parts of Licking and Rich-
land Counties, Ohio; Corry and Erie, Pa.; Burlington, Vt.; and Charleston
and Parkersburg, W. Va. No restrictions are placed on the interstate move-
ment of cut flowers from the above-named isolated points.
B. Conditions governing the issuance of certificates and permits.-For
the purpose of certification of nursery and ornamental stock, nurseries, green-
houses, and other premises concerned in the movement of such stock will be
classified as follows:
(5) Class /.-Nurseries, greenhouses, and other premises concerned in the
movement of nursery and ornamental stock on or within approximately 500

$See footnote 1, p. 3.









feet of which no infestation has been found may be classified as class I.
Upon compliance with the requirements of paragraph (11) of this regulation,
nursery and ornamental stock may be certified by the inspector for shipment
from such premises without further inspection, and without meeting the
safeguards prescribed as a condition of interstate shipment of plants origi-
nating in nurseries or greenhouses of class III.
(6) Class III.-(a) Nurseries, greenhouses, and other premises concerned
in the movement of nursery and ornamental stock on which either grubs
in the soil or one or more beetles have been found, will be classified as class
III, provided, (i) there, are maintained on the premises subdivided class I
areas, certified houses, frames, or plots or other certified areas, or (ii) there
is a legitimate need for interstate or intradealer certification of such stock.
Such classification will not be granted to nurseries, greenhouses, and other
premises that do not maintain certified or subdivided areas and require only
infrequent certification. Such classification also may be given to nurseries,
etc., where one or more beetles or grubs are found in the immediate proximity
(within approximately 500 feet) of such nurseries, etc., on adjacent property
or properties. In the case of nursery properties under single ownership and
management but represented by parcels of land widely separated, such par-
cels may be independently classified either as class I or class III upon com-
pliance with such conditions and safeguards as shall be required by the in-
spector. Similarly, unit nursery properties, which would otherwise fall in
class III, may be open to subdivision, for the purpose of rating such sub-
divisions 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 containing the in-
festation shall be clearly marked by boundaries of a permanent nature which
shall be approximately 500 feet beyond the point where the infestation occurs.
(b) Upon compliance with paragraphs (7), (10), and (11) of this regulation,
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 (ii) in the
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
washing; or (iW) that it shall be shown by evidence satisfactory to the inspector
that the plants concerned were produced in a certified greenhouse.
(7) 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, if contaminated
with vegetable matter, soil, earth, peat, compost, or manure taken from infested
locations or which may have been exposed to infestation, must be sterilized or
fumigated under the direction and supervision of, and in manner and by method
satisfactory to the inspector. If such 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.
(o) 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, inclusive, or
north thereof at any time between June 15 and October 15, inclusive, be kept in
screened frames while outdoors; (iii) 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 Entomology and
Plant Quarantine to eliminate infestation; and (iv) shall comply with such other
safeguards as may be required by the inspector.
(8) Cut flowers 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 prevent infestation. (See also paragraph (3) of this regulation.)










(9) Nursery and ornamental stock originating on or moved from unclassified
premises may be certified by the inspector under either one of the following con-
dlitions: (a) That the soil shall be entirely removed from the stock, or (b) that
tle roots shall-be treated by means approved by the Bureau of Entomology and
PI.lant 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 accom-
panying soil was obtained at such points and under such conditions that in his
judgment no infestation could exist therein.
(10) Nurserymen, florists, dealers, and others, in order to maintain a class III
status shall report immediately on forms provided for that purpose all their
sales or shipments of nursery and ornamental stock, sand, if contaminated with
vegetable matter, soil, earth, peat, compost, and manure both to points outside
the regulated areas and to other classified nurseries or greenhouses within the
regulated area. Certification may be denied to any person who has omitted to
make the report required by this regulation, and such denial of certification shall
continue until the information so omitted has been supplied.
(11) Nurserymen, florists, dealers, and others, in order to maintain a class I
status, or to maintain in a class III establishment, a class I subdivision, a certi-
fied plot, or a certified greenhouse, (a) shall restrict their purchases or receipts
of nursery and ornamental stock, sand, if contaminated with vegetable matter,
soil, earth, peat, compost, and manure, secured within the regulated area and
intended for use on class I or certified premises, to articles which have been
certified under these regulations as to each such article and the said certificate
shall accompany the article when moved; (b) shall obtain approval of the in-
spector before such articles are received on class I or certified premises or are
taken into certified greenhouses; (c) shall report immediately in writing all
purchases or receipts of such articles secured from within the regulated area
for use on such premises; and (d) shall also report immediately on forms pro-
vided for that purpose all their sales or shipments of such articles both to
points outside the regulated areas and to other classified nurseries or green-
houses 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.
(12) 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
inspected by an inspector and found free from infestation.
(13) 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 originated,
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 advis-
able by the inspector, after reinspection and determination of freedom from
infestation.4
Regulation 7

SEC. 301.48-7. Restrictions on the movement of sand, soil, earth, peat, compost,
and manure.-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 and
clay when free from vegetable matter; (b) greensand marl; and (c) such
other sands and clays 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 the
case of bulk shipments such label shall accompany the waybill or other ship-
ping p.npers.
(2) No restrictions are placed on the interstate movement of manure, peat,
compost, or humus (a) when dehydrated and either shredded, ground, pul-
rcrhied, or compressed, or (b) when treated with crude petroleum or any othe,
product having high potency as an insecticide, and when so labeled on the
outside of each commercial container of such materials.

4 See footnote 1, p. 3.










(3) No restrictions are placed on the interstate movement of sand, soil,
earth, peat, compost, and manure imported from foreign countries when re-
shipped 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.
(4) 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.
B. Conditions of ccrtification.-Certificates for the movement of restricted
sand, soil, earth, peat, compost, and manure may be issued under any one of
the following conditions:
(5) 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
found.
(6) 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
infestation could exist therein.
(7) When the material has been removed, under the supervision of an in-
spector, 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 in-
spector 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.
(8) 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 restricted sand, soil, earth, peat, compost,
and manure, except such as is loaded and shipped in compliance with para-
graphs (5), (6), or (7) hereof.5

Regulation 9

SEC. 301.48-9. Marking and certification a condition of interstate transpor-
tation.-(a) Every box, basket, or other container of restricted articles listed
in regulations 5, 6, and 7 (secs. 301.48-5, 6, and 7) shall be plainly marked
with the name and address of the consignor and the name and address of the
consignee, and shall have securely attached to the outside 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 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 ac-
company the waybill, conductor's manifest, memorandum, or bill of lading
pertaining 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.
(c) In the case of shipment by road vehicle, the certificates shall accompany
the vehicle.
(d) Certificates shall be surrendered to the consignee upon delivery of the
shipment.5
*This amendment supersedes amendment No. 1, promul-
g ~gated June 22, 1939, and shall be effective on and after
( April 5, 1940.
P, Done at the city of Washington this 4th day of April
1940.
Witness my hand and the seal of the United States De-
partment of Agriculture.

See footnote 1, p. 3.



Secretary of Agriculture.


U. S. GOVERNMENT PRINTING OFFICE: 1940











































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