BE,..; ~Revision of Regulations
S"- Effective October 2, 1934
i:ii "LU..:...... ... .. ..;
17, uinted States Department of Agricl
."," lTAU OF ENTOMOLOGY AND PLANT QUARA
00MOTH AND BROWN-TAIL MOTH QINTINE
iI. (QUARANTINE NO. 45) k
9IN.. REVISION OF REGULATIONS _
r.. ;INTRODUCTORY NOTE
i' moth and brown-tail moth quarantine regulations are revised
.Aner to bring them up to date with respect to changes in the known
o f these insects since the last revision of the regulations was
l ay i25, 1931. The revision reduces the size of the regulated area
04gld designates as generally infested certain territory of Con-
e, New Hampshire, and Vermont which has heretofore been
.J ....tly infested. It also modifies the boundaries of the area desig-
-tail moth infested in the States of Maine, Massachusetts, and
lire, and adds parts of four counties in Vermont.
:changes of interest to shippers include the exemption of such
M as have been grown in the greenhouse throughout the year and
bltd; the authorization of the shipment of Christmas trees from
f~~ly infested area when grown as nursery stock in a cultivated
ifndeertified under the nursery stock provisions; the adding of empty
ito the list of restricted articles; and slight modifications in the
sihe for the certification of car-lot shipments.
Sle.uIated area includes the entire State of Rhode Island and parts of
WatfitS of Connecticut, Maine, Massachusetts, New Hampshire, and Ver-
Sirestricted articles are as follows: (1) Coniferous trees, such as spruce,
....ot, ine, juniper (cedar), and arborvitae (white cedar) without
NMtIw Lad described as "Christmas trees ", and parts thereof, and parts
nrgreen decorative plants, such as boxwood, holly, and laurel; (2) forest-
S.oduefts, including logs, tanbark, posts, poles, car stakes, railroad ties,
wo..-empty cable reels, and lumber; (3) trees, shrubs, vines, and all
. j.ving persistent woody stems, and parts thereof, excepting seeds and
...;u id (4) stone or quarry products (regulation 1).
weptjhese. regulations no restricted articles (as defined above) shall be
Gl oar allowed to be moved interstate from the regulated areas to or
..an. point outside thereof, nor from the generally infested area to the
1ki ted area, unless and until a certificate or permit shall have been
bere~tor by an inspector (regulation 5).
|Ltrees and evergreen boughs originating n \the generally infested
Sallowed to be moved interstate to inyrint outside of that area,
qctlcate or permit will be issued authorzmg such movement unless
OpI bAve been grown as nursery stock in, a, cultivated nursery and are
....er. the provisions of regulation 6 (regjjqtion 5). /
.,trees and such parts thereof as 4eaflcaves avr net allowed to be
..... m the brown-tall moth infested afea-to outside points 'without a
*a..permit, except that a State nursery ldspection certiflerte. may be
ifort- certain classes of movement i4tlinm ,the gypsy moth rIgulated
i .. .g.. nation 5 ).
Waflwa in the greenhouse throughout th4 ar and cut flowers thereof
..|Ainterstate without inspection Aid ertliclion on condition that
*.... .. 4 ,. .
" ..... .. J
each box or package thereof is plainly labeled to show that 'the contents were
0Ft' '1_ editions governing inspection and certification, marking require-
ent-a& _iilar details, see regulations 6 to 12, inclusive.
S L ,ugA. L noo,
Chief, Bureau of Entomology and Pljt 'Quarantine.
/ A NOTICE OF QUARANTINE NO. 45
[Effective on/,and ter July 1, 1920. Supersedes Notice of Quarantiu l0O. 33, revised]
1% 'hb ic*tha been determined by the Secretary of Agriulture and notice
b heiy en, that two injurious insects-the gypsy moth (PorJN trfa 'dipar)
rown-tail moth (Euproctis chrysorrhoea)-not .iertote widely
distributed within and throughout the United States, exist in pirs of the fol-
lowing States, to wit: Maine, New Hampshire, Vermont, Ma, Rhode
Island, and Connecticut.
Now, therefore, I, C. F. Marvin, Acting Secretary of Agriculture, under
the authority 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 oft Ii, New Hamp-
shire, Vermont, Massachusetts, Rhode Island, and Connectiet, sna by this
Notice of Quarantine No. 45 do order that (1) coniferous ::teswh as spruce,
fir, hemlock, pine, juniper (cedar), and arborvitae (white uerb, known and
described as "Christmas trees", and parts thereof, and de rtli lants, such
as holly and laurel, known and described as Ghristmas green:u greenery";
(2) forest-plant products, including logs, tanbark, posts, poi$ ar stakes,
railroad ties, cordwood, and lumber; (3) field-grown florists' stoh, ties, shrubs,
vines, cuttings, and other plants and plant products, excepting fr- pits, seeds
of fruit and ornamental trees and shrubs, field, vegetable, al. .bwer seeds,
bedding plants, and other herbaceous plants and roots; and i(4 s or quarry
products, shall not be moved or allowed to move interstate SI any of said
States in manner or method or under conditions other than those prescribed
in the rules and regulations supplemental hereto.
Done in the District of Columbia this 28th. 4ey of May, 1920.
Witness my hand and the seal of the UnitS States Depart-
fs ment of Agriculture.
SActing Serr : A"..sr..kcu:lture.
REVISED RULES AND REGULATIONS SUPPL AW1L 10 NOTICE,
OF QUARANTINE NO. 45 '.....
[Approved Sept. 27, 1934; effective Oct. 2, .41
For the purpose of these regulations the following wrtrt nSaA, and terms
shall be construed, respectively, to mean:
(a) Gypsy moth: The insect known as the gypsy m0taif (flrSl dispar).
(b) Brown-tail moth: The insect known as the bzhn-W t awth (Nygmia
phaeorrhtoea, formerly referred to as Euproctis clrfris.
(c) Quarantined 0rea: Any State quarantined by"* Secretary of Agri-
culture upon determination by him that either the tOl tfl yr the brown.
tail moth, or both, exist therein. :i;
(d) Regulated area: The entire area comprised 'o.f 9S a the quaran-
tined States now or hereafter designated by the Beiowl-at ASriculture as
regulated to prevent the spread of the gypsy .ill *t 'i Wl il moth, or
both, therefromn. ""-
(e) Generally infested area: The entire area eoaw**A portions of th
luarintined States now or hereafter designated by W? S r6' Of Agricultur
as generally infested with the gypsy moth. ..
(f) Lightly infested area: The entire area ..... : ptions of thA
quarantined States now or hereafter designated 0 i' Yary of Agri
culture as lightly Infested with the gypsy moth. *
.. "..:' ..
.... ..: 2.....
: ..: i.. i :, ::i,~ :i... ... : ........
I. i 3
S(g) Brown-tail moth infested area: The entire area comprised of portions
--tthle quarantined States now or hereafter designated by the Secretary of
PieilWll lture as infested with the brown-tail moth.
()Restricted articles: (1) Coniferous trees, such as spruce, fir, hemlock,
Wae, juniper (cedar), and arborvitae (white cedar) without roots, known and
&criBibed as "Christmas trees ", and parts thereof, and parts of evergreen
.brative plants, such as boxwood, holly, and laurel; (2) forest-plant prod-
t including logs, tanbark, posts, poles, car stakes, railroad ties, cordwood,
t|wy cable reels, and lumber; (3) trees, shrubs, vines, and all plants having
*ttent woody stems, and parts thereof, excepting seeds and fruit; and (4)
tne or quarry products.
41."( Moved or allowed to be moved interstate: Shipped, offered for shipment
*A a common carrier, received for transportation or transported by a common
!jarler, or carried, transported, moved, or allowed to be moved from one State
rly'"erritory or District of the United States into or through any other State or
.. .....tory or District.
^h() Inspector: An inspector of the United States Department of Agriculture.
.: :::: Regulation 2.-Limitation of Restrictions to Regulated Areas
...Conditioned upon the State concerned providing for and enforcing such
.i.bitarol measures with respect to the regulated areas as in the judgment of the
i 3Iotary of Agriculture shall be deemed adequate to prevent the spread of
bx. gypsy moth and the brown-tail moth to other parts of the State, the
frictions provided in these regulations on the interstate movement of plants
'Nfl.plant products and other articles enumerated in said notice of quarantine
: be limited to such movement from the areas in such State now or hereafter
-disignated by the Secretary of Agriculture as regulated areas.
ijjq|id:; atiom 3.-Regulated Areas; Generally and Lightly Infested Areas;
Brown-tail Moth Infested Area
(1) REGULATED AREAS
The Secretary of Agriculture designates as regulated areas for the purpose
A!fi:i these regulations the States,, counties, townships, towns, plantations, cities,
1* and other political subdihisi'ns listed below, including any cities, towns, bor-
%:: *qgli, or other political subdivisions included within their limits.
7 On n "ecticut.--Counties of Hartford, Middlesex, New London, Tolland. and
D.Windham; towns of Barkhamsted, Colebrook, Harwinton, New Hartford,
7,ymouth, Thomaston, Torrington, and Winchester, in Litchfield County; towns
i 1 Stanford. Guilford, Madison, Meriden, North Branford, North Haven, Water-
.;"::: brty, and Wolcott, in New Haven County.
Min Me.-Counties of Androscoggin, Cumberland, Kennebec, Knox, Lincoln,
i. adahoc, Waldo, and York; towns of Avon, Berlin, Carthage, Chesterville,
.!. rbekertown, Dallas Plantation, Farmington, Freeman, Industry, Jay, Jerusa-
.kn&M^i^,. Kingfield. Madrid, Mount Abraham, New Sharon, New Vineyard, Perkins,
.ii.i Phillips, Rangeley Plantation, Redington, Salem, Sandy River Plantation,
*J'I Strong, Temple, Washington, Weld, and Wilton, and Townships D and E. in
S".'.'' inK County; all of Hancock County except Plantations 3, 4, 35, and 41;
:! all that part of Oxford County south and southeast of and including Magallo-
i:, Way Plantation and Richardsontown; towns of Alton, Argyle, Bradford, Brad-
wY i, Carmel, Charleston, Clifton, Corinna, Corinth, Dexter, Dixniont. Eddington,
,i' .... Exeter, Garland, Glenburn, Grand Falls Plantation, Greenbush, Green-
. W.... E" Hampden, Hermon, Holden, Hudson, Kenduskeag, Levant, Milford, New-
" )ltfh Newport, Orono, Orrington, Plymouth, Stetson, Summit. and Veazie,
a.il cities of Bangor, Brewer, and Old Town, in Penobscot County; towns of
Abbott, Atkinson, Dover, Foxcroft, Guilford, Kingsbury Plantation, Parkman,
: w ngerVille, and Wellington, in Piscataquis County; all that part of Somerset
i' e oty.:; f south and southeast of and including Highland and Pleasant Ridge
TPlatations, town of Moscow, and Mayfield Plantation; towns of Beddington,
..'O.erryeld, Columbia, Deblois, Harrington, Milbridge. and Steuben, and Planta-
I'::::::'"' 18 and 24, in Washington County.
M assachusetts.-Counties of Barnstable, Bristol, Dukes, Essex, Hampden,
Emipsihtre, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester;
ill of Franklin County except the town of Monroe.
4New Hampshire.-Counties of Belknap, Carroll, Cheshire, Grafton, Hillsboro,
Mhril ,mack, Rockingham, Strafford, and Sullivan; all that part of Coos County
g south of and including the towns of Columbia, Errol, Ervings Location,
'" : .. '.1.
Rhode Island.-The entire State.
Vermont.-Counties of Caledonia, Orange, Windham, and Windsor; towns *
of Landgrove, Peru, Readsboro, Searsburg, and Winhall, in Bennington County;. I
towns of Brunswick, Concord, East Haven, Ferdinand, Granby, Guidhall,
Lunenburg, Maidstone, and Victory, in Essex County; towns of Elmore .and
Wolcott, in Lamoille County; towns of Chittenden, Clarendon, Ira, Mendon, j
Mount Holly, Mount Tabor, Pittsfield, Pittsford, Proctor, Rutland, SIherburne,)
Shrewsbury, Tinmouth, Wallingford, West Rutland, and the city of Rutlandh '
In Rutland County; towns of Barre, Berlin, Cabot, Calais, East Mpntpelier,
Marshfield, Middlesex, Montpelier, Moretown, Northfield, Plainfield, Roxbury, ;
Waitsfield, Woodbury, and Worcester, in Washington County. *:
(2) DIVISION OF REGULATED AREA
For 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 |
Connecticut.-County of Middlesex; towns of Avon, Berlin, Bristol, Barlig- ;|
ton, Farmington, Marlboro, New Britain, Newington, Plainville, Rocky Hill,
Southington, and West Hartford, in Hartford County; towns of. Colebrook, 4
Harwinton, New Hartford, Plymouth, Thomaston, Torrington, and Winchester,j
in Litch field County; towns of Branford, Guilford, Madison, Meriden, North j
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, Jerusalem, Kingfield, Mad-
rid, Mount Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley |
Plantation, Redington, Salem, Sandy River Plantation, Strong, Temple, Wash- |
ington, Weld, and Wilton, and Townships D and E, in Franklin CCuey; ,
towns of Amherst, Aurora, Bucksport, Dedham, Eastbrook, Franklin, Goulds- '
boro, Hancock, Lamoine, Mariaville, Orland, Osborn Plantation, Otis, Penobscot, ;
Sorrento, Sullivan, Trenton, Verona, Waltham, city of Ellsworth, and.; towu--:1
ships or plantations numbered 7, 8, 9, 10, 16, 22, 28, 32, 33, 34, 39, and :40, in
Hancock County; towns of Benton, Clinton, Rome, Unity Plantatiea. andi
Vienna, in Kennebec County; towns of Anilovet, Batchelders Grant, Bethel, j
Byron, C., C. surplus, Dixfield, Fryeburg Academy Grant, Gilead, Grafton, 3
Hanover, Magalloway Plantation, Mexico, Milton Plantation, Newry, .North |
Andover surplus, Peru, Richardsontown, Riley Grant, Roxbury, Rumford, and .
Upton, in Oxford County; towns of Alton, Argyle, Bradford, Bradley, Carmel, -::
Charleston, Clifton, Corinna, Corinth, Dexter, Dixmont, Eddington, Etna,
Exeter, Garland, Glenburn, Grand Falls Plantation, Greenbush, Greenfield, Jw
Hampden, Hermon, Holden, Hudson, Kenduskeag, Levant, Milford, Newburgh, ;.-|
Newport, Orono, Orrington, Plymouth, Stetson, Summit, and Veazie, and cities p
of Bangor, Brewer, and Old Town, in Penobscot County; towns of Abbott, Atkin- j
son, Dover, Foxcroft, Guilford, Kingsbury Plantation, Parkman, Sangerville :..
and Wellington, in Piscataquis County; all that part of Somerset County south .'
and southeast of and including Highland and Pleasant Ridge Plantations, town ,.
of Moscow, and Mayfield Plantation; towns of Brooks, Burnham, Frankfort,
Freedom, Jackson, Knox, Monroe, Montville, Morrill, Prospect, Searsmon1t,..
Searsport, Stockton Springs, Swanville, Thorndike, Troy, Unity, Waldo, Winter-;
port, and the city of Belfast, in Waldo County; towns of Beddington, Cherry .
field, Columbia, Deblois, Harrington, Milbridge, and Steuben, and Plantationq
18, and 24, in Washington County. :
Massachusetts.-Towns of Charlemont, Hawley, Heath, and Rowe, in Fran- in
lin County; towns of Chester and Tolland, in Hampden County; towns of Cum-
mington, Huntington, Middlefield, Plainfield, and Worthington, in Hampshimre
New Hampshire.-Town of Hart Location, in Carroll County; all that part i:
of Coos County lying south of and including the towns of Columbia, Mrrol, ..
Servings Location, and Millsfield; towns of Bath, Bethlehem, Franconia, Lan- ...
daff, Lisbon, Littleton, Lyman, and Monroe, in Grafton Oounfy. H 4
?:Zh.E Island.-Town of New Shoreham (Block Island), in Newport County.
.... ont.--Counties of Ca!edonia and Orange; towns of Landgrove, Peru,
dsbaoro, Searsburg, and Winhall, in Bennington County; towns of Bruns-
Concord, East Haven, Ferdinand, Granby, Guildhall, Lunenburg, Maid-
and Victory, in Essex County; towns of Elmore and Wolcott, in Lamoille
y; towns of Chittenden, Clarendon, Ira, Mendon, Mount Holly, Mount
Pittsfield, Pittsford, Proctor, Rutland, Sherburne, Shrewsbury, Tin-
th, Wallingford, West Rutland, and the city of Rutland, in Rutland
; towns of Barre, Berlin, Cabot, Calais, East Montpelier, Marshfield,
ulesex, Montpelier, Moretown, Northfield, Plainfield, Roxhury, Waitsfield,
bury, and Worcester, in Washington County; towns of Athens, Brookline,
or, Grafton, Halifax, Jamaica, Londonderry, Marlboro, Newfane, Somerset,
tton, Townshend, Wardsboro, Whitingham, Wilmington, and Windham, in
ho County; all of Windsor County except the towns of Springfield,
thersfleld, and Windsor.
I"": 1(4) GENERALLY INFESTED AREA
-i .:parts of the regulated area not designated as lightly infested in section
"lthereof, shall comprise the generally infested area.
I;: (5) BROWN-TAIL MOTH INFESTED AREA
R e following counties, towns, and other political subdivisions, including any
boroughs, or other political subdivisions included within their limits,
IPalso infested with the brown-tail moth and are hereby designated as the
v-tail moth infested area:
$ase.-Counties of Androscoggin, Cumberland, Kennebec, Knox, Lincoln,
dahoc, Waldo, and York; towns of Chesterville, Farmington, Industry,
New Sharon, and Wilton, in Franklin County; towns of Bar Harbor,
port, Orland, Surry, and Trenton, and the city of Ellsworth, in Hancock
ty, and all territory west and south of said towns in said county; towns
tbany, Bethel, Brownfield, Buckfield, Canton, Denmark, Dixfield, Fryeburg,
enwood, Hartford, Hebron, Hiram, Lovell, Mason, Milton Plantation, Nor-
Oxford, Paris, Peru, Porter, Rumford, Stoneham, Stow, Sumner, Sweden,
terford, and Woodstock, in 'Oxford County; cities of Bangor and Brewer,
i towns of Carmel, Dixmont, Etna, Hampden, Hermon, Newburgh, Orring-
p and Plymouth, in Penobscot County; and towns of Canaan, Fairfield,
.reer, Norridgewock, Pittsfield, Skowhegan, Smithfield, and Starks, in
&gssachusetts.-Counties of Barnstable, Bristol, Dukes, Essex, Middlesex,
Bucket, Norfolk, Plymouth, and Suffolk; towns of Ashburnham, Berlin,
...ektone, Bolton, Boylston, Clinton, Douglas, Fitchburg, Gardner, Grafton,
i'rd, Holden, Hopedale, Lancaster, Leominster, Lunenburg, Mendon, Mil-
OM Millbury, Millville, Northborough, Northbridge, Paxton, Princeton, Royal-
pitt Shrewsbury, Southboro, Sterling, Sutton, Templeton, Upton, Uxbridge.
wter, West Boylston, Westboro, Westminster, and Winchendon, and the
p of Worcester, in Worcester County.
W.oP Hampshire.---Counties of Beiknap, Cheshire, Hillsboro, Merrimack,
tingharm, Strafford, and Sullivan; all of Carroll County except the town of
B&lson; all pf Grafton County except the towns of Bethlehem and Littleton.
fnwnt.-Towns of Barnet and Ryegate, in Caledonia County; towns of
B ford, Fairlee, Newbury, Thetford, and West Fairlee, in Orange County;
| of Brattleboro, Dummerston, Putney, Rockingham, Vernon, and West-
Wter, in Windham County; towns of Hartford, Hartland, Norwich, Spring-
SWeatherford, West Windsor, and Windsor, in Windsor County.
-:l. Regulation 4.-Extension or Reduction of Regulated Areas
Regulated areas designated in regulation 3 may be extended or reduced
1nay be found advisable by the Secretary of Agriculture. Due notice
py extension or reduction and the areas affected thereby will be given in
Ig to the transportation companies doing business in or through the
in which such areas are located and by publication in one or more
alapers selected by the Secretary of Agriculture within the States in which
,.areas affected are located.
Regulation 5.-Control of Movement of Restricted Articles
) Certification required.-Except as provided in paragraph (5) hereof no
icted articles as defined in regulation 1 shall be moved or allowed to be
.'.: !: l
moved interstate from the regulated areas to or through any point .outside
thereof, nor from the generally infested area to the lightly infested area, unless
and until a certificate or permit shall have been issued therefore by an inspector.-
(2) Christmas trees and evergreen boughs.-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 over 1 foot in.
length, originating in the generally infested area. (unless grown as .nursery
stock in a cultivated nursery and certified under the provisions of regulation 6.
hereof), shall not be moved or allowed to be moved interstate to any.1i3piut
outside of such area and no certificate or permit will be issued authorizing suc :
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 outside
thereof unless and until a certificate or permit shall have been issued therefor-
by an inspector, except that as to such movement wholly within the genera ly
infested gypsy moth area or wholly within the lightly infested gypsy moth area, -"
or from the lightly infested to the generally infested gypsy moth area, a valid
State nursery inspection 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 9, no restrictions are plba.d.;
by these regulations on the interstate movement of restricted articles w"bJU
within the generally infested area or wholly within the lightly infested aea
or from the lightly infested area to the generally infested area. ,
(5) Cut flowers and greenhouse-grozwn. plants.-In the case of *oody p1aift &;
which are grown in the greenhouse throughout the year, the plants themselves
and the cut flowers thereof may be shipped interstate without inspection or.
certification' under these regulations on condition that each box or pacfger: 4
thereof is plainly labeled to show that the contents were greenhouse grown.
(6) Herbaceous plants unrestricted.-No restrictions' are placed by thes.. |
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 application
therefore as far as possible in advance of the probable date of sailippinz.L
Applications must show the nature and quantity of the plants or plant product |
or stone or quarry products it is proposed to move, together with their exact
location, and, if practicable, the contemplated date of shipment. Applicants
for inspection will be required to assemble or indicate the articles to-be shippedl
so that they can be readily examined by the inspector. If not so placed, inspec- i
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 j
valid State certificate stating that the nursery in question has been inspeCteda :
by a State nursery inspector and certifying that it is apparently free from .
infestation with gypsy and brown-tail moths. Such State certification shall be 4
renewed each year, shall be based on an inspection made as promptly as. |
practicable 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 for".i
interstate movement on the basis of the State certification of the preceding
year. Whenever any nursery or independent unit thereof in the regulated:i
area, or any shipment therefrom, is reported by a State inspector to be appreet l-
ably infested with either the gypsy miothli or the brown-tail moth, or whenever" '
such infestation is determined by a Federal inspector on his examination oit
material offered for shipment, further certification for interstate movement from
SShipments of such plants and flowers from the area regulated under the Japaie,:
beetle quarantine are subject to the certification requirements of that quarantine.
such nursery, or independent unit thereof, will be refused until such nursery
has been freed from infestation and has been again inspected and certified by
; the. State to be apparently clean. During the larval period of the gypsy moth
ali nursery stock shall be assembled for the examination of the Federal
inspector, and if passed by him as free from any infestation, either by egg
a:sses or wind-blown larvae, it may then be lined up and thoroughly sprayed
under the direction of and in manner and method satisfactory to the said
s...pector, who will certify each shipment as having been thus inspected and
S )t Native trees and shrubs.-With respect to living trees and plants not
kt4w4 in nurseries, inspection and certification for interstate movement will be
q onditioned upon the presentation of a statement by the applicant indicating
the exact source of such trees and plants, and in addition to such statement, if
Sdug on land other than the property of the applicant, a permit from the owner
: of the said land authorizing such digging, provided such permit is required under
Sthe law of the State wherein the land is situated. If the inspection of the trees
Sor plants intended for shipment discloses infestation with 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.
(d) Forest products and stone and quarry products.-Certificates of inspec-
tion authorizing the interstate movement of forest products and stone and
Quarry products may be issued under either of the following conditions: (1)
SWhen the articles to be shipped have actually been inspected and found free
: from infestation; or (2) when the articles have been disinfected under the
supervision of an inspector in such a manner as to eliminate all risk of infesta-
' ion. With respect to quarries, and with respect to yards or other places
where forest products are assembled for shipment, as a condition of inspection
f and certification, the premises or surroundings of such places shall be cleaned
up and kept free from gypsy moth infestation.
be (e) Charges for storage, etc.-All charges for storage, cartage, and labor inci-
Sdent to inspection or disinfection other than the services of the inspectors shall
be paid by the shipper.
S(1) Use of certificates.-Certificates of inspection will be issued only for
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 deter-
mined by an inspector. The use of such certificates in connection with plants
and plant products and stone or quarry products which are not in compliance
-with these regulations is unlawful.
Regulation 7.-Conditions Governing the Issuance of Permits Without
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 infesta-
tion could be transmitted, and (2) when such products originate outside of the
Infested areas and, while within the infested area, have been stored and safe-
guarded in such a manner that, in the judgment of the inspector, no infesta-
tio'hcould be transmitted. Permits will be issued only for plants and plant
Products and stone or quarry products which are not infested with the gypsy
Smooth or brown-tail moth.
Regulation 8.-Marking and Certification a Condition of Interstate
(a) Every car, vehicle, box, basket, or other container of the articles listed
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 shall have securely attached 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 be
(b) ic 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 at-
tached to the outside thereof a placard showing the number of the certificate
'or certificates accompanying the waybill.
UNIVERSITY OF FLORIDA
III IUl 11 HII hIl III IIhhlI !III
8 3 1262 08721 5884
... ~. .- '::: .....
(c) In the case of shipment by road vehicle, the certificates
(d) Certificates shall be surrendered to the consigneeup
Regulation 9.-Thorough Cleaning Required of Car,
Vehicles Before Moving Interstate .:.. ,.:.
Cars, boats, and other vehicles which have been' used ij J
stricted articles within the regulated areas shall not be moer
move interstate until the same shall have been. thorought!i |
cleaned by the carrier at the point of unloading or destinat .....
rubbish from such regulated articles. No litter, rubbish,'' '0t"el
such restricted articles shall be moved or allowed to move
Regulation 10.-Inspection in Transit'
Any car, vehicle, basket, box, or other container move '
to a common carrier for shipment interstate, which co|
inspector has probable cause to believe contains either
articles the movement of which is prohibited or restricted b'
shall be subject to inspection by an inspector at any, time or-
Regulation 11.-Cancelation of Certificates .ad..'.
Certificates and permits issued under these regulations,
or canceled by the inspector and further, certification. refxihd:
failure of compliance with the conditions of these regulatpip:
them, or whenever in the judgment of the inspector the t i
certificates might result in the dissemination of infestation., r:
SRegulation 12-Shipments by the United -States Departnt K7
Articles subject to restriction in these regulations may b ..
by the United States Department of Agriculture for expert t 4
purposes, on such conditions and under such safeguards, as. "
by the Bureau of Entomology and Plant Quarantine. Thell l
so moved shall bear, securely attached to the outside there:
tag from the Bureau of Entomology and Plant Quarantine s.
with such conditions.
These revised rules and regulations shall be effective on..
2, 1934, and shall supersede the rules and regulations -ye..
Done at the city of Washington this 27th day of- Septem'I
Witness my hand and the seal of the Unitti.
ment of Agriculture. 20 12( i
The Plant Quarantine Act of August 20, 1912 (37 Stat. aiay;'..
no person shall ship or offer for shipment to any common e.a
any common carrier receive for transportation or transport, nor..
carry or transport from any quarantined State or Territory o .
United States, or from any quarantined portion thereof, intof.9rN
other State or Territory or District, any. class of nursery, stO:
class of plants, fruits, vegetables, roots, bulbs, seeds, ....
article specified in the notice of quarantine :
method or under conditions other than those prescribed by 1'l'
Agrietlfure. It also provides that any person who shall ..l.i*.
provisions of this act, or who shall forge, counterfeit, alter,-
any certificate provided for in this act or in the regulations. ..f..
of Agriculture, shall be deemed guilty of a misdemeanor and
viction thereof, be punished by a fine not exceeding $500 bror'.
not exceeding 1 year, or both such fine and imprisonment, It2 IH
of the court. ..'..........
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