Effective November 5, 1951
...,UNITED STATES IEPARTMENT OF AGRICULTURE
-AGRICULTURAL RESEARCH ADMINISTRATION
BUREAU OF ENT!MOLOGY AND PLANT QUARANTINE
DOMESTIC QUARANTINE NOTICES
AIMINISTRATIVE INSTRUCTIONS EXEMPTING CERTAIN ARTICLES
FROM REQUIREMENTS OF REGULATIONS SIJPLAMENTAL TO
GYPSY MOTH AND BROWN-TAIL MOTH QUARANTINE NO. 45
Pursuant to the authority conferred by the second proviso of Gypsy Moth and
Brown-tail Moth Quarantine No. 45 (7 CFR 301.45), issued under section 8 of the
Plant Quarantine Act of 1912, as amended (7 U. S. C. 161), and being satisfied
from the evidence submitted that the movement of the articles listed herein will
not result in the dissemination of the gypsy moth or brown-tail moth, the Chief
of the Bureau of Entomology and Plant Quarantine hereby amends the administrative
instructions (7 CFR 301.45a; B. E. P. Q. 386, Rev.) exempting certain articles
from the requirements of the regulations supplemental to such quarantine (7 CFR
301.45-1 et seq.) to read as follows:
s 301.45a Administrative instructions exempting certain articles from re-
quirements of regulations supplemental to gypsy moth and brown-tail moth quaran-
tine. The interstate movement of the following articles, except when they are
maintained under conditions exposing them to infestation, is hereby exempted from
the requirements of the regulations supplemental to the gypsy moth and brown-tail
moth quarantine (7 CFR 301.45-1 et seq.):
(a) Timber Products
1. Manufactured wood products, such as box shooks, shingles, laths, floor-
ing, furniture, containers, crates, handles, dowels, staves, and industrial
2. Lumber dressed four sides by running through a planer and ends clipped.
3. Lumber, square edged, without bark, direct from the saw.
4. Lumber, kiln dried, when waybills or other transportation papers are
labeled to show that lumber was kiln dried.
5. Novelties, except those containing untreated bark.
6. Shavings, sawdust, wood flour, excelsior, excelsior waste and cedar
(b) Plants and Plant Parts
1. Seeds, fruits and cones.
2. Deciduous cuttings without leaves, or evergreen cuttings, when not more
than 12 inches in length, and articles constructed of such cuttings, such as
wreaths, sprays and roping.
3. All woody plants and parts thereof that have been grown in the greenhouse
throughout the year and when so labeled on the outside of the container.
B. E. P. Q. 386., Revised
UNIVERSITY OF FLORIDA
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Clubmoss (sometimes called "ground pine") (Lycoodium spp.).
Partridgeberry (Mitchella repens).
Trailing arbutus (Epigaea relies).
Wintergreen (Gaultheria procumbens Pyrola spp.).
Acacia (Acacia spp.).
Boxwood (Buxus sempervirens).
California peppertree (Schinus molle).
Eucalyptus (Eucalyptus globulusT.
Evergreen smilax (Smilax lanceolata).
Galax (Galax aphylla).
Heather Erica app., Calluna app.).
Mistletoe (Phoradendron flavescens, Viscum album etc.).
Oregon cedar (Thuya plicata).
Oregon holly (lex aquifolium).
Oregon huckleberry (Vaccinium ovatum).
Salal (known to the trade as lemon cuttings) (Gaultheria shallon).
Herbarium specimens, when dried, pressed, and treated, and when so labeled
on the outside of each container.
Leaves of deciduous trees that have been treated or dyed.
(c) Stone and Quarry Products
1. Freshly quaried, mined, or manufactured feldspar, granite, mica,
marble, quartz and slate.
2. Stone and quarry products when processed by crushing, grinding or
This revision supersedes B. E. P. Q. 386, as revised effective July 19, 1948.
These instructions shall become effective November 5, 1951, and shall thereafter
remain in effect until further modified or revoked.
The foregoing administrative instructions add several articles to the list of
those that may move interstate from the regulated areas without certification.
Accordingly they relieve restrictions now in effect. Several items included in
the previous list have been omitted because they are no longer being shipped, or
they are not woody-stemmed plants or parts thereof and therefore are not subject
to the certification requirements. In order to be of maximum benefit to shippers
of these articles, the exemptions should be made available as soon as possible.
Therefore, pursuant to section 4 of the Administrative Procedure Act (5 U. S. C.
1003) it i8 found upon good cause that notice and public procedure on the fore-
going administrative instructions are unnecessary, impracticable, and contrary to
the public interest, and since these instructions relieve restrictions they may
properly be made effective under said section 4 less than thirty days after their
publication in the Federal Register.
(Sec. 8, 37 Stat. 318; 7 U. S. C. 161; 7 CFR 301.45)
Done at Washington, D. C., this 24th day of October, 1931.