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i E, p Q.-Q. 45 Revision of Quarantine and Regulations
Effective September 29, 1938.
4 r.... United States Department of Agricul
4.. 6 BUREAU OF ENTOMOLOGY AND PLANT QUARANTI
., l u~ii,,iiiir.. ... .-- y O
91PSY MOTH AND BROWN-TAIL MOTH Q NtrfeS
I .(QUARANTINE NO. 45)
REVISION OF QUARANTINE AND REGULATIONS
S".thi principal changes in this revision of the quarantine and the regulations
4 (17 the release from regulation of certain towns in Coos County, N. H.,
rjj^ pf '4of the counties of Caledonia, Essex, Lamoille, and Rutland, Vt.; and
t. .tr from lightly infested to generally infested area of part of
41f Cotftty, N. H., parts of the Maine counties of Franklin, Kennebec, Oxford,
t., Somerset, and Waldo, and parts of the Vermont counties of Orange,
:C fljqd Windsor. The quarantine as revised provides for modifications
i M^tons in accordance with facts as to pest risk found by the Chief
Sn ... Odf Entomology and Plant Quarantine and set forth in adminis-
"..........: .E~i n s
..... .. regulations 2 and 4 have been discontinued and the present regula-
have been renumbered.
.';.' T A B SUMMARY
m ii!!!i~~i.,:K.,, .... ,,.: ...:. ... ..( U R N IN.O 5
i.% r...g.uLted area includes the entire State of Rhode Island and parts of
IMO@6e.tlcut, ..Maine, Massachusetts, New Hampshire, and Vermont. The re-
haartieles unless exempted by administrative instructions, are as fol-
~~-rdeleas ro relaIooferantwsin-ions Cut, are as .,
(1"'() Coni.erous trees, such as spruce, fir, hemlock, pine, juniper (cedar),
aBlroritae (white cedar), without roots, known as Christmas trees, and
thereof, and evergreen decorative plants, such as boxwood, holly, and
Totr........ ... ..pr (2) forest plant products, including logs, tanbark, posts,
j,/ *is ::r:'i:i:t:stakes, railroad ties, cordwood, empty cable reels, and lumber; (3)
,,tsu:tie hrulb: vines, and all plants having persistent woody stems, and parts
plants excepting seeds and fruits; and (4) stone and quarry products
.I.leWest I regulations no restricted articles shall be moved interstate from
or. tuktted areas to or through any point outside thereof, nor from the
"':" .... j.Infested. area to the lightly infested area, except under a certificate
h pSC' (regulation 3).
't,^..a., trees and evergreen boughs originating in the generally infested
..are not allowed to be moved interstate to any point outside of that area,
Band ue certificate or permit will be issued authorizing such movement unless
ai:. .eem~ -ave been grown as nursery stock in a cultivated nursery and are
'/t... e *.d under the provisions of regulation 4.
:.:. bldouns trees and such parts thereof as bear leaves are not allowed to be
... ..iii.fromi the brown-tail moth infested area to outside points without a certifi-
il eat*" .eflbteof, ncept that a State nursery inspection certificate may be substi-
4,LM ',tt heit .case of certain classes of movement within the gypsy moth regulated
&t** (regulation 3).
"*''!9 Wd....Wi y plants grown in the greenhouse throughout the year and cut flowers
thereof may be shipped interstate without inspection and certification on con-
lt...t.. that each box or package I plainly labeled to show that the contents
Str.i a the conditions governing Inspection and certification, marking require-
-C and similar details, see regulations 4 to 10, inclusive.
,....*b arrange for inspection and certificates, address Bureau of Entomology
and.Plant Quarantine, 266 Glenwood Avenue, Bloomfield, N. J.
":i'ii : 0S. A. Ronwn,
., Actre g Chief, Bureawn of Entomology and Plant Quarantine.
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NOTICE OF QUARANTINE NO. 45 (REVISED) ,. ;
(Approved September 28, 1938; effective September 29, 1938) .
.Brown, Acting Secretary.f Agriculture, ha.eAtbi; that
it is ne to quarantine the States of Maine, New Hampshire, Ywniott,
Massachu bode Island, and Connedticut, to prevent theospreaftiyo
injurious i -the gypsy moth (Porthetria di8par L.) and the fWtaml S
9 ihaeorrhoea Don.)-not heretofore widely diptribup4 th i
^1A mniB1Youg he United States. 12i1tft T
Now, the I, Harry L. Brown, Acting Secretary of Agricultuire, ..*er
the authopit inferred by section 8 of the Plant Quarantine Act of Aigast
20, 19137 tat. 315), as amended, do hereby quarantine the Statd of i
Maine, w ampshire, Vermont, Massachusetts, Rhode Island, and 0Ow0e4t
this Notice of Quarantine No. 45 do order that (1) coniferous
Street as spruce, fir, hemlock, pine, juniper (cedar), and arborviae
w ite cedar), without roots, known and described as Chripias 4--tee4.am.V
parts thereof, and evergreen decorative'. plants, such as boew2 od, i. boo
laurel, and parts thereof, known and described as Christmas greens. "z i
greenery; (2) forest plant products, including logs, tanbark, post, potec. .
stakes, railroad ties, cordwood, empty cable reels, and lumber; i() a ..
shrubs, vines, and all plants having persistent woody stemijw S^d^pt41j, .0
such plants excepting seeds and fruit; and (4) stone and quarry p-oddue,-
not be shipped, offered for shipment to a. common carrier, received Jr"i..: e
station or transported by a common carrier, or carried, transporte. A'`, v o- r
allowed to be moved from any of said quarantined States into or thzoia ,
other State or Territory or District of the United States in manner or,4 |
or under condition's other than those prescribed in the' rules artd. T -S.
hereinafter made and amendments thereto: Provided, That the.resthi.'.o.
this quarantine and of the rules and regulations supplemental thereto n"ly be
limited to the areas, in a quarantined State, now or hereafter designated by
the Secretary of Agriculture as regulated, areas, when said Straite s.baWna r. e
provided for and enforced such control arid regulatory measures with raJ.et
to such designated areas as, in the judgment of the Secretary of A gri'fo n,
shall be deemed adequate to prevent tUe spread of the gypsy moth a.. bip'^-
tafl moth: And provided further, That whenever, in any year, the ,hSetW-ef y
Bureau of Entomology and Plant Quarantine shall find that fact o a toJ
the pest risk involved in the movement of one or more of the atihe ia-
merated in the regulations supplemental hereto, making it safe to .moi.,;by
making less stringent, the restrictions contained in any such re.. as"i*A"e
shall set forth and publish such finding in administrative instruction ;,: ,
ing the manner in which the applicable regulation should be .t ..es
stringent, whereupon such modification shall become effective, for s.uch ge .od
and for such regulated area or portion thereof as shall be specified .saai
administrative instructions, and a copy thereof shall be mailed to t- e 'nio
carriers doing business in the quarantined area affected and every p Bqbe
effort shall be made to give publicity t9 the said modification of the. WOn
in the area affected.d,
Done at the city of Washington this 28th day of September 198.
otherSteo Witness my hand andr the seal of the United Statnes Jepart-
ths qrament of Agriculeature.t
RHAW L. BmbwN4
the Ser Acting Secretery of Agriemiat ew.
to suc desgnte area as i th jugmn o .the- .Sertr 0. ;
l e o p t t. spred o t g
*. S4I" :
'' *. ,; ',*. 4 *: .*
RULES AND REGULATIONS (EIGHTH REVISION) SUPPLEMENTAL TO
!NOTICE OF QUARANTINE NO. 45
:.....;: ,.. i. .. ..
(Approved September 28, 1938; effective September 29, 1938)
a !' I.... ,F
atn. Regulation 1. Definitions
i. : .* :: ; : *
tF..SX tNh purpose of these regulations the following words, names, and terms
Wbht be construed, respectively, to mean:
11i ".) Oupsu moth.-The insect known as the gypsy moth (Porthetria dispar
f (i. Bfrown-tail moth.-The insect known as the brown-tail moth (Nygmia
III pbk hoea Don., formerly referred to as Euproctis chrysorrhoea).
to) Quarantined area.-Any State quarantined by the Secretary of Agricul-
tJ re upon determination by him that either the gypsy moth or the brown-tail
ME.C ;i "JiI, both, exist therein.
i ;'"(t 'Regulated area.-The entire area comprised of portions of the quaran-
Abed States now or hereafter designated by the Secretary of Agriculture as
... gu. teA to prevent the spread of the gypsy moth or brown-tail moth, or both,
i e) (e generally infested area.-The entire area comprised of portions of the
-' quarantined States now or hereafter designated by the Secretary of Agriculture
.. as geerally infested with the gypsy moth.
| (jt) Ug~tlfy infested area.-The entire area comprised of portions of the
gquatwti-ed States now or hereafter designated by the Secretary of Agriculture
as lightly Iifested with the gypsy moth.
IIII ( : ,().BrOwn-tail moth infested area.-The entire area comprised of portions
4 the quarantined States now or hereafter designated by the Secretary of
Aigcciiltiire, as Infested with the brown-tail moth.
(.a) R#etWittted articles.-(1) Coniferous trees, such as spruce, fir, hemlock,
ia'Ijt juniper (Cedar), and arborvitae (white cedar), without roots, known and
I des"ibed as Christmas trees, and parts thereof, and evergreen decorative
|- plants, such as boxwood, hoUy, and laurel, and parts thereof; (2) forest plant
.... M.inMluding logs, tanbark, posts, poles, car stakes, railroad ties, cordwood,
i q!ntV,. cable reels, and lumber; (3) trees, shrubs, vines, and all plants having
ramasistn woody stems, and parts of such plants, excepting seeds and fruit;
0.0... (4) itone and quarry products.
..-'(: ) ve interstate; interstate movement.-Shipped, offered for shipment to
a common carrier, received for transportation or transported by a common
cr, o net, or carried, transported, moved, or allowed to be moved from one
I, .-Sts.. e of the United States into or through any other State or Territory or
S..J.... iPeCtorf.-An inspector of the United States Department of Agriculture.
*i 'W 2. Limitation of Restrictions to Regulated Areas. Designation of
W et ;, S ...Areas; Generally Infested Area; Lightly Infested Area; Brown-Tail
^i^So, .ii ested Area
... .. .. .. .
&,Riftil ed upon maintenance on the part of the State concerned of action
,i-fiequa te by the Secretary of Agriculture to prevent the spread of the
ss r moth and brown-tail moth, or both such moths, from the regulated area
areas to other parts of the State, the restrictions of these regulations are
4J^ pd to the following areas:
W::::" d.: :' th f:" :
1b """ J :" :.
'. (,::.."' : ;. : (1) REGULATED AREAS
tf ic.-Counties of Hartford, Middlesex, New London, Tolland, and
:; towns of Barkhamsted, Colebrook, Harwinton, New Hartford,
f i ,Thomaston, Torrington, and Winchester, in Litchfield County; towns
clrd4- Guilford, Madison, Meriden, North Branford, North Haven, Water-
i qd Wolcott, in New Haven County.
a.-Counties of Androscoggin, Cumberland, Kennebec, Knox, Lincoln,
i boc, Waldo, and York; towns of Avon, Berlin, Carthage, Chestervil.le,
town, Dallas Plantation, Farmington, Freeman, Greenvale, Industry,
Al usalem, Kingfield, Madrid, Mount Abraham, New Sharon, New Vine-
3 ins, Phillips, Rangeley Plantation, Redington, Salem, Sandy River
". .:w "^' ". 'H
Plantation, Strong, Temple, Washingto: .VWeld, and Wilton, a4!Tow j -i D
and E, in Franklin County; all of Hanock. County except Plantations 3, 4, 35,
and 41; all that part of Oxford County south and southeast of and including
the towns of Magalloway and Richardsontown; towns of Alton, Argyle, Brad-
ford, Bradley, =Carmel, Charleston, Clifton, Corinna, Corinth, Dexter, Dimont,
Eddington, Etna, Exeter, Garland, Glenburn, Grand Falls Plantation, Greenbush,
Greenfield, Hampden, Hermon, Holden, "Hudson, Kenduskeag, Levant, Milford,
Newburgh, Newport, Orono, Orrington, Plymouth, Stetson, Summit, a. zie,
and cities of Bangor, Brewer, and Old Town, in Penobscot Cojnt a;! f
Abbott, Atkinson, Dover, Foxcroft, Guilford, Kingsbury Plantation, w4toian,
Sangerville, and Wellington, in Piscataquis County; all that part of,:iSe-tt
County south and southeast of and including Highland and Ple..sat e
Plantations, town of Moscow, and Mayfleld Plantation; towns of ed-ion,
Cherryfield, Columbia, Deblois, Harrington, Millbridge, and Stend nfril
Plantations 18 and 24, in Washington County. ,
Massach usetts.-Counties of Barnstable, Bristol, Dukes, Esses, aaf"
Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, anad Wkej -'-
all of Franklin County except the town of Monroe. '
New Hampshire.-Counties of Belkuap, Carroll, Cheshire, Graftob n.iM, I
Merrimack, Rockingham; Strafford, and Sullivan; all that part of -Coo Qou4y
lying south of and including the towns of Stratford, Odell, D m ,; i3
Rhode Island.-The entire State. : .- :
Verrmont.-Counties of Orange, Windham, and Windsor; towps o"f .v14, i
Peru, Readsboro, Searsburg, and Winhall, in Bennmington (outy; 14 .of .3i
Barnet, Danville, Groton, Kirby, Peacham, Ryegate, St. JohnsbnlOrS 3_ W' |
ford, in Caledonia County; towns of Concord, Granby, Guildbhai, g,
Maidstone, and Victory, in Essex County; town of Elmore, in Iamo0t&% V-. ; `
towns of Mount Holly, Mount Tabor, Pittsfield, Sherburne, Shrewsl" w
Wallingford, in Rutland County; towns of Barre, Berlin',' Cabot, O"
Montpelier, Marshfield, Middlesex, Montpelier, Moretown, Nortlfei,"flV4L.
Roxbury, Waitsfleld, Woodbury, and Worcester, in Washington Qo*& m .i. '. "
(2) DIVISION OF REGULATED AREA i'...:'*
'~ : :. ?-.>,.5^ -. ;
For the purpose of regulating inspection and transportation, .ft.:^
designated above is divided into two classes of areas to be kn0owq'..___1K _
erally infested and lightly infested areas, respectively, and part .t:...' -
lated area is also designated as brown-tail moth infested. i
(3) LIGHTLY INFESTED AREA "lZ .
The following States, counties, townships, towns, plantations, ciUtiesi -.P
political subdivisions, including any cities, towns, boroughs, or oth ... ...
subdivisions included within their limits, are designated as the Jigtl A "e
area: : ....
Connecticut.-County of Middlesex; towns of Avon, Berlin, BidRs dl | g
ton, Farmington, Marlboro, New Britain, Newington, Plainvfle, g1. ,
Southington, and West Hartford, in Hartford County; towns of Cplebrook,
Harwinton, New Hartford, Plymouth, Thomaston, Torrington, and WbI0.te,
in Litchfield County; towns of Branford, Guilford, Madison, M- iie "IM *r
Branford, North Haven, Waterbury, and Wolcott, in New Haven Oontr; 1*. s
of East Lyme, Lyme, and Old Lyme, in New London County. '
Maine.-Towns of Avon, Berlin, Carthage, Crockertown, Dallas Piaitlitton,
Freeman, Greenvale, Jerusalem, Kingfield, Madrid, Mount Abraham, New
Vineyard, Perkins, Phillips, Rangeley Plantation, Redington, Salem, Sandy
River Plantation, Strong, Temple, Washington, and Weld, and Tbwnship. D
and E, in Franklin County; towns of Amherst, Aurora, Bucksport, D$IhAm,
Eastbrook, Franklin, Gouldsboro, Hancock, Lamoine, Mariaville, Otilaw.i..s-
born Plantation, Otis, Penobscot, Sorrento, Sullivan, Trenton, Verona, W'Ir mn,
city of Ellsworth, and townships or plantations numbered 7, 8, 9, 10, 10 'fl 28
32, 33, 34, 39, and 40, in Hancock County; towns of Andover, Andover :nth
surplus, Byron, C., C. surplus, Grafton, Hanover, Magalloway, N 1ewry kich-
ardsontown, Riley Grant, Roxbury, and Upton, in Oxford County; lOt of
Alton, Argyle, Bradford, Bradley, Carmel, Charleston, Clifton, Corinna,'tbtbt,
Dexter, Dixmont, Eddington, Etna, Exeter, Garland, Glenburn, Grant gMIs
P Itatino, Greenbush, Greenfield, Hampden, Hermon, Holden, Hudson, Kendus-
IB ij eig,. Levant, Milford, Newburgh, Newport, Orono, Orrington, Stetson, Summit,
ppii: s Veazie, and cities of Bangor, Brewer, and Old Town, in Penobscot County;
..lwns of Abbott, Atkinson, Dover, Foxcroft, Guilford, Kingsbury Plantation,
i llPackrina Sangerville, and Wellington, in Piscataquis County; towns of Anson,
B Atips, Bingham, Brighton Plantation, Cambridge, Concord, Cornville, Embden,
4puen-y, Hartland, Highland, Lexington, Madison, Mayfield, Moscow, New
Potland, Palmyra, Pleasant Ridge Plantation, Ripley, St. Albans, and Solon,
~piomerset County; towns of Brooks, Frankfort, Jackson, Knox, Monroe, Pros-
I^Bfi.iii wSearsport, Stockton Springs, Swanville, Thorndike, Waldo, Winterport, and
ftdiidy of Belfast, in Waldo County; towns of Beddington, Cherryfield, Colum-
W,- b Deblois, Harrington, Millbridge, and Steuben, and Plantations 18 and 24,
i Wqsington County.
| .fMassaohusetts.-Towns of Charlemont, Hawley, Heath, and Rowe, in Frank-
I in County; towns of Chester and Tolland, in Hampden County; towns of
Cuminington, Huntington, Middlefield, Plainfield, and Worthington, in Hamp-
-New Hampshire.-Town of Hart Location, in Carroll County; towns of Beans
Hl Grant, Cambridge, Carroll, Chandler Purchase, Crawford Grant, Crawford Pur-
l chase, Cutts Grant, Dalton, Dummer, Hadleys Purchase, Jefferson, Kilkenny,
E Lancaster, Low & Burbank Grant, Milan, Nash & Sawyer Location, Northumber-
II' land, Odell, Randolph, Sargent Purchase, Stark, Stratford, Success, Thompson
I & Meserve Purchase, and Whitefield, in Coos County; towns of Bath, Bethle-
l hem, Franconia, Landaff, Lisbon, Littleton, Lyman, and Monroe, in arafton
l Rhode Island.-Town of New Shoreham (Block Island), in Newport County.
*' *Vermont.-Towns of Landgrove, Peru, Readsboro, Searsburg, and Winhall, in
p B.enniington County; towns of Barnet, Danville, Groton, Kirby, Peacham, Rye-
gate, St. Johnsbury, and Waterford, in Caledonia County; towns of Concord,
.Wg anby, Guildhall, Lunenburg, Maidstone, and Victory, in Essex County; town
%B Elmore, in Lamoille County; towns of Braintree, Brookfield, Chelsea, Cor-
i ninth, Orange, Randolph, Topsham, Strafford, Tunbridge, Vershire, Washington,
SWest Fairlee, and Williamstown, in Orange County; towns of Mount Holly,
*i! Mount Tabor, Pittsfield, Sherburne, Shrewsbury, and Wallingford, in Rutland
0County; towns of Barre, Berlin, Cabot, Calais, East Montpelier, Marshfield,
SMiddlesex, Montpelier, Moretown, Northfield, Plainfield, Roxbury, Waitsfield,
fWoodbury, and Worcester, in Washington County; towns of Brookline, Dover,
|: Halifax, Jamaica, Londonderry, Marlboro, Newfane, Somerset, Stratton, Town-
shend, Wardsboro, Whitingham, Wilmington, and Windham, in Windham
County; towns of Andover, Baltimore, Barnard, Bethel, Bridgewater, Caven-
dish, Ludlow, Plymouth, Pomfret, Reading, Rochester, Royalton, Sharon, Stock-
bridge, Weston, West Windsor, and Woodstock, in Windsor County.
(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.
l. (5) BROWN-TAIL MOTH INFESTED AREA
I*B The following counties, towns, and other political subdivisions, including any
.cits, boroughs, or other political subdivisions included within their limits, are
alsoi0nfested with the brown-tail moth and are hereby designated as the brown-
t fail motlh infested area:
X Maine.--0ounties of Androscoggin, Cumberland, Kennebec, Knox, Lincoln,
dgadahoc, 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
ountsy, and all territory west and south of said towns in said county; towns
# of Albany, Bethel, Brownfield, Buckfield, Canton, Denmark, Dixfield, Fryeburg,
.Greenwood, Hartford, Hebron, Hiram, Lovell, Mason, Milton Plantation, Nor-
3' i.,ay, Oxford, Paris, Peru, Porter, Rumford, Stoneham, Stow, Sumner,
!! Sweden, Waterford, and Woodstock, in Oxford County; cities of Bangor and
S .Brewer, and .towns of Carmel, Dixmont, Etna, Hampden, Hermon, Newburgh,
S Orrington, and Plymouth, in Penobscot County; and towns of Canaan, Fairfield,
S Mercer, Norrtdgewock, Pittsfield, Skowhegan, Smithfield, and Starks, in Somer-
. sea County.
Massachusetts.-4Countles of Barnstable, Bristol, DoTkes; lsx4 E er
Nantucket, Norfolk, Plymouth, and tSuR6lk; towns 'of AshbftniM ,'Rfl
Blackstone, Bolton, Boyleston, Clinton, Douglas, Fitchburg,' Gader, Qt
Harvard, Holden, Hopedale, Lancaster, ~Leominster, Lunenbiu Mendds'Uft
ford, Millbury, Millville, Northborough, Northbridge, Paxton, Pkieeto, Ct .
ston, Shrewsbury, Southboro, Sterling, 15utton, Templeton, tto, Ut3A6g0q
Webster, West Boylston, Westboro, Westminster, and Winchendofti and tfte Oft
of Worcester, in Worcester County. : *.1 -'
New Hampshire.-Counties of Belknap, Cheshire, Hillsboro, I
Rockingham, Strafford, and Sullivan; all of Carroll County ercett thWw
Jackson; all of Orafton County except the towns of Bethlehem anndliitta.4 i
Vermont.-Towns of Barnet and Ryegate, in Caledonia OoUf.t; :-ows of
Bradford, Fairlee, Newbury, Thetford, and West Fairlee, In O.row 0tnty;
towns of Brattleboro, Dummerston, Putney, Rockingham, Verufti: ainPest-
minster, in Windham County; towns of Hartford, Hartland, Nor-wich, tSprifg
field, Weatherford, West Windsor, and Windsor, in Wisdsor &h&rny. '.., i
Regulation 3. Control of Movement of Restricted Atides"m -"'
"i: 1 ; .
Certification reqired.-Except as otherwise provided in this rigthtt :.
(1) No restricted articles as defined in regulation 1 shall be minved-t, t
from the regulated areas to or through any point outside thereof; .nvori, l^nh
generally infested area to the lightly infested area, unless and.tnti eaertSkate
or permit shall have been issued therefore by an inspector. 1 ..:.. -i ,;f
(2) Christmas trees and evergreen boa-ghs.-Coniferous trees, such as,. ,a
fir, hemlock, pine, juniper (cedar), and atborvitae (white cedar), Witrihte-tbts,
known and described as Christmas trees, and parts thereof over,'1tmvti in
length, originating in the generally infested area (unless grown as flhst
stock in a cultivated nursery and certified under the provisions of fetgd..4
hereof), shall not be moved interstate to any point outside of :-h 'ftea:tb1
certificate or permit will be issued authorizing such movement. 'Suet wt.c&
which have originated in the lightly infested area may be moven ftltrtkt
from the generally infested area under the inspection and :eertftifat n re-
scribed in paragraph (1) hereof. i ......
(3) Shipments from brown-tail moth nftfested area.-Except .ae rovfl.Aih
paragraph (5) hereof no deciduous trees or shrubs, or such bran1e#.s -WS: r
parts thereof as bear leaves, shall be moved interstate from the a ,rau
as infested by the brown-tail moth to any point outside thereof' tdWd
until a certificate or permit shall have been issued therefore by an :nsgctw.-
cept that as to such movement wholly within the generally infested fgy Nuth
area or wholly within the lightly infested gypsy-moth area, or .from t&AMgb
infested to the generally infested gypsy-moth area, a valid State. n sery ,tiwpec-
tion certificate of the State from which the shipment is made may be substituted
for such Federal certificate or permit.
(4) Shipments within regulated areas unrestricted.-Other than as .pre-
scribed in paragraph (3) hereof, and in regulation 7, no restrictions wszIpttaed
by these regulations on the interstate movement of restricted afifdless. htoly
within the generally infested area or wholly within the lightly infested area
or from the lightly infested area to the generally infested area.
(5) Cut flowers and greenhouse-grown plantst.-In the case of woody plants
which are grown in the greenhouse throughout the year, the plants tm es
and the cut flowers thereof may be moved interstate without ..-pecti or
certification1- under these regulations on' condition that each box or paffage
thereof is plainly labeled to show that the contents were greenhouse gtownL
(6) Herbaceous plants unrestricted.-No restrictions1 are placed by tiese
regulations on the interstate movement of strawberry plants, or it et.er lemb-
aceous annual or perennial plants or part thereof.
Regulation 4. Conditions Governing the bsuance of Certificates Of fnqectiot
(a) Application; assembly of articles )br inspection.-Persons lnte.. ig tb
move restricted articles interstate shall make application therefore A..s f- 'es
possible in advance of the probable date of shipment. Applications maost show
the nature and quantity of the plants or plant products or stone and qnarry
: *". .. j 1
1 Shipments of such plants and flowers from'thA area regulated under the sapoe edtte
quarantine are subject to the certification requirements of that quarantine. '
aisi I"t M proposed to move, together with their exact location, and, If
pnratiable, the contemplated date of Shipment. Applicants for inspection will
S be required to assemble or indicate the articles to be moved interstate so that
: h: ... ey ain e readily examined by the inspector. If not so placed, inspection will
4* b40CUS4 Articles to be inspected must be free from ice and snow and in
: Stion to make inspection easily practicable.
6P1f)lVm-wsery-frown stock.-With respect to nursery-grown stock, Federal
b.noe.tion and the issuance of Federal certificates authorizing the interstate
!ii-vesent of nursery products will be conditioned on the presentation of a valid
l UWtaer eate stating that the nursery or lot of nursery stock in question has
beIfmlpeefd by a State nursery inspector and certifying that it is apparently
fir free from infestation with gypsy and brown-tall moths. Such State certification
i:,Ab -,btv amewed each year, shall be based on an inspection made as promptly
[*iill: .. eticable after the egg-laying period of the gypsy moth, and shall be valid
Sfor the purpose of Federal certification, until the following egg-hatching period,
except that, pending reinspection, shipments may be inspected and certified for
||.iateat movement on the basis of the State certification of the preceding year.
Whenever any nursery or independent unit thereof in the regulated area, or any
bih hmhtA therefrom, is reported by a State inspector to be appreciably infested
|iqti either the gypsy moth or the brown-tail moth, or whenever such infestation
bUs detained by a Federal inspector, further certification for interstate move-
Il ,mmlt Arom such nursery, or independent unit thereof, will be refused until such
-punwry has been freed from infestation and has been again inspected and
il'm led hr tile State to be apparently clean except that during such periods of
SSftfi, F;ederal inspection and certification of individual shipments of nursery
toek: =c from nurseries being freed from infestation may be given, provided a
I a :: certficate showing freedom from infestation has been issued therefore
r'WlaState inspector after examination of the material in each such shipment.
I i~~~ the larval period of the gypsy moth all nursery stock shall be assembled
tS t h mflnination of the Federal inspector, and if passed by him as free from
.. ar infestation,, either by egg masses or larvae, it may then be lined up and
: ~gl]rSprayed under the direction of and in manner and method satis-
Sfactory to the said inspector, who will certify each shipment as having been
*t ..nqp/eted and treated. -
(c) Native trees and shrubs.-With respect to living trees and plants not
grown in nurseries, inspection and certification for interstate movement will
S bU tiMU .upon the presentation of a statement by the applicant specify-
-ig the exact source of such trees and plants, and in addition to such statement,
if dug on land other than the property of the applicant, a permit from the
WDof the Said land authorizing such digging, provided such permit is re-
,.... tduinder the law of the State wherein the land is situated. If the in-
q K4 c n.d of the trees or plants intended for shipment discloses infestation with
S-::tlbe gypsy moth or brown-tail moth, certification may be refused as to
aIII *itatended shipment and as to other similar shipments of trees or plants
-; originating on the same property or in the same locality.
E (d) Forest products and stone and quarry products.-Certificates of inspec-
ition authorizing the interstate movement of forest products and stone and
; quarry products may be issued under either of the following conditions: (1)
1'9& 'fter the articles to be moved interstate have actually been inspected and
taad-froe from infestation; or (2) when the articles have been disinfected
wI I*.4he supervision of an inspector in such a manner as to eliminate all
pv of infestation. With respect to quarries, and with respect to yards or
Other places where forest products are assembled for shipment, as a con-
idition of inspection and certification, the premises or surroundings of such
places shall be cleaned up and kept free from gypsy moth infestation.
p;o (e) Charges for storage, etc.-All charges for storage, cartage, and labor
| uta-teo Inspection or disinfection other than the services of the inspectors
--.i .bt pa' by the shipper.
.;mI) i)W of certiftcates.-Certificates of inspection will be issued only for
Plants and plant products and stone and quarry products which are free from
infestation by the gypsy moth and the brown-tail moth and have been so deter-
L' b 1 'wil an inspector. The use of such certificates in connection with plants
..... and plant products and stone and quarry products which are not in compliaihce
N .4bes l reglvations is unlawful.
h 4)lt'Wort- of certificates.-Persons to whom certificates are issued shall
im ,st time of shipment on forms provided for that purpose all their sales
i' i:: nlgmntas -of such articles to points outside the regulated area.
: "**:! ,*.. *
Regulation 5. Conditions Governing the Issuance of Permits Without,,;spn mn,
and the Reporting of Shipments :
.- 1 .4 "
Permits authorizing the -interstate movement of restricted articles may .-be
issued (1) when such products have been grown, or manufactured, processed,
and stored in such a manner that, in the judgment of the inspector, no in-
festation could be transmitted, and (2) when such products, originate .outside
of the infested areas and, while within the infested area, have been .sored
and safeguarded in such a manner that, in the judgment of the J eetpor,
no infestation could be transmitted. Permits will be issued only 6zpjiapts
and plant products and stone and quarry products which are not -Inested
with the gypsy moth or brown-tail moth. :,
Persons to whom permits are issued shall report at time of ..shipweit: n
forms provided for that purpose all their sales or shipments of srh.:. arbies
to points outside the regulated area. :4.
Regulation 6. Marking and Certification a Condition of Interstate Transportation
(a) Every box, basket, bale, or other container of the articles restricted
for which a certificate or permit is required by these regulations shall be
plainly marked with the name and address of the consignor and the name and
address of the consignee, and the shipper. shall securely attach to the outside
thereof a valid certificate or permit issued in compliance with these- regula-
tions. In the case of lot shipments by freight, one certificate attached .to one
of the containers and another certificate attached to the waybill will. ibe
(b) In. the case of bulk carload shipments by rail, the certificate. -hall
accompany 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.:eertifi-
cate or certificates accompanying the waybill. .'. -. -.:-
(c) In the case of shipment by road vehicle, the certificates shall accompaLny
the vehicle. ..-
(d) Certificates shall be surrendered to the consignee upon delivery of the
shipment. .:- .
"' ;* r .,"* ': ."
Regulation 7. Thorough Cleaning Required of Cars, Boats, and Other .Vehibles
Before Moving Interstate
Cars, boats, and other vehicles which have been used in transporting
restricted articles within the regulated areas shall not be moved interstate
until the same shall have been thoroughly swept out and cleaned by the
carrier at the point of unloading or destination of all litter and rubbish from
such regulated articles. No litter, rubbish, or refuse from any such restricted
articles shall be moved interstate.
Regulation 8. Inspection in Transit
Every car, vehicle, basket, box, bale, or other container moved interstate
which contains or which the inspector has probable cause to believe contains
either infested articles or articles the movement of which is prohibited or
restricted by these regulations, shall be subject to inspection by an inspector j
at any time or place.
Regulation 9. Cancelation of Certificates and Permits
Certificates and permits issued under these regulations may be withdrawn
or canceled by the inspector and further certification refused, whenever in the
judgment of the inspector the further use of such certificates might result
in the dissemination of infestation.
Regulation 10. Shipments for Experimental, Scientific, or Educational Purposes
Articles subject to restriction in these regulations may be moved interstate
for experimental, scientific, or educational 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 Ento-
mology and Plant Quarantine.
These revised rules and regulations shall be effective on and after Septem-
ber 29, 1938, and shall supersede the rules and regulations promulgated
November 4, 1935.
Done at the city of Washington this 28th day of September 1938.
Witness' my hand and the seal of the United States Department of Agri-
@HARRY L. BROWN,
Acting Secretary of Agriculture.
The Plant Quarantine Act of August 20, 1912 (37 Stat. 315), as amended,
provides that no person shall ship or offer for shipment to any common car-
rier, 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 provisions 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 exceeding 1 year, or both such fine
and imprisonment, in the discretion of the court.
U.S. GOVERNMENT PRINTING OFFICE: 1938
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