B. E. P. Q.-Q. 48 Revision of Quarantine aions.
Effective March 1, 1937.j&
United States Department of Agricul
BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE *
JAPANESE BEETLE QUARANTINE
QUARANTINE NO. 48
REVISION OF QUARANTINE AND REGULATIONS
An important change in the following revision of the Japanese beetle
quarantine is the inclusion in the regulated area of the cities of Cleveland,
.Oolumbus, and Toledo in Ohio, as well as the entire counties of Columbiana
and Mahoning, and parts of the counties of Carroll, Jefferson, and Stark, in the
same State. This action is considered necessary because of the establishment
of the Japanese beetle therein. Additional infested territory in the States
ot Maine, Maryland, New York, Vermont, Virginia, and West Virginia was
also added to the previously regulated areas in such States. Some outlying
areas where Japanese beetle infestations have been found are not included
in the regulated area because of assurance from the States concerned that
adequate measures will be taken to prevent the spread of the pest therefrom.
i:-:: Under section A, paragraph (b) of regulation 5, as revised, a certificate is
required for the interstate movement of restricted fruits and vegetables from
Siune 15 to October 15, inclusive, from other portions of the regulated area to
:Brewer and Waterville, Maine; Buffalo, N. Y., or to the other regulated parts
of Mrie County, N. Y.; Cleveland, Columbus, and Toledo, Ohio; Burlington, Vt.;
and Parkersburg, W. Va. No restrictions are, however, placed on the interstate
o. tvement of any fruits or vegetables from these outlying portions of the
.Unless a certificate or permit has been issued, these regulations as now
-:ti1ed prohibit the interstate shipment of green corn on the cob, beans in
1the pod, bananas in entire bunches or in clusters of 25 or more, apples, peaches,
bletberries, blueberries, huckleberries, or raspberries from the regulated areas,
"ad ab prohibit (unless a certificate or permit has been issued) the inter-
utal1 movement of all fruits and vegetables by refrigerator car or motortruck
*otft the District of Columbia, the State of Delaware, and parts of the States
N: Maryland, New Jersey, Pennsylvania, and Virginia. Refrigerator cars used
Afor lading fruits and vegetables, other than onions and potatoes, in such area
lt, prior to loading, be cleaned by the common carrier and kept tightly
dosed and sealed during the interval between cleaning and loading. Onions
and potatoes must be fumigated in the car when such action is deemed necessary
tby the inspector, and doors and hatches of the cars must be closed or screened.
... iFor ether details and exceptions see regulation 5.
The regulations also prohibit the interstate shipment of plants, sand, soil,
earth, peat, compost, and manure from any part of the regulated areas to or
-throumgh any outside point throughout the year unless a Federal permit or
certificate has been secured. Portions of plants and cut flowers are restricted
interstate movement only between June 15 and October 15, inclusive. For
deGta and exceptions see regulations 6 and 7.
regulated areas include the District of Columbia, the entire States of
Connectiqcut, Delaware, Massachusetts, New Jersey, and Rhode Island, and
parts of the States of Maine, Maryland, New Hampshire, New York, Ohio,
: Pennsylvania, Vermont, Virginia, and West Virginia. The boundaries are shown
in regulation 3.
..i : 135111-a37
These regulations also place certain restrictions to protect restricted articles
from infestation while in transit, require thorough cleaning of vehicles and
containers which have been used in transporting restricted products, and pro-
vide other'-sTfeguards and conditions as provided in regulations 8 to 13,
To secure permits and certificates, address the Bureau of Entomology and
Plant Quarantine, Glenwood Avenue and Henry Street, Bloomfield, N. J., or
the nearest branch office listed in the appendix.
Liz A. STROrNG,
Chief, Bureau of Entomology and Plant Quarantine.
NOTICE OF QUARANTINE NO. 48 (TWELFTH REVISION)
(Approved Mar. 1, 1937; effective Mar. 1, 1937)
I, H. A. Wallace, Secretary of Agriculture, have determined that it is
necessary to quarantine the States of Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania,
Rhode Island, Vermont, Virginia, and West Virginia, and the District of
Columbia, to prevent the spread of the Japanese beetle (Popillia japon4ia
Newm.), a dangerous insect new to and not heretofore widely prevalent or
distributed within and throughout the United States.
Now, therefore, under authority conferred by section 8 of the Plant Quaran-
tine Act of August 20, 1912 (37 Stat. 315), as amended by the act of Congress
approved March 4, 1917 (39 Stat. 1134, 1165), and having duly given the public
hearing required thereby, I do quarantine the said States of Connecticut, Dela-
ware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New
York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia,
and the District of Columbia, effective on and after March 1, 1937. Here-
after, under the authority of said act of August 20, 1912, amended as aforesaid
(1) fruits and vegetables; (2) nursery, ornamental, and greenhouse stock, and
other plants; and (3) sand, soil, earth, peat, compost, and manure shall not
be shipped, offered for shipment to a common carrier, received for transporta- i
tion or transported by a common carrier, or carried, transported, moved or
allowed to be moved from any of said quarantined States or District into or
through any other State or Territory or District of the United States in man-
ner or method or under conditions other than those prescribed in the rules and
regulations hereinafter made and amendments thereto: Provided, That the
restrictions of this quarantine and of the rules and regulations supplemental
thereto may be limited to the areas in a quarantined State now, or which may
hereafter be, designated by the Secretary of Agriculture as regulated areas
when in the judgment of the Secretary of Agriculture, the enforcement of the
aforesaid rules and regulations as to such regulated areas shall be adequate
to prevent the spread of the Japanese beetle: Provided further, That such
limitations shall be conditioned upon the said State providing for and en-
forcing such control measures with respect to such regulated areas as, in the
judgment of the Secretary of Agriculture, shall be deemed adequate to prevent
the spread of the Japanese beetle therefrom to other parts of the State: And
provided further, That certain articles classed as restricted herein may, because
of the nature of their growth or production or their manufactured or processed
condition, be exempted by administrative instructions issued by
47SS93 the Chief of the Bureau of Entomology and Plant Quarantine
f/-'l' ^,when, in his judgment, such articles are considered innocuous
|A f m as carriers of infestation.
V$TO J. ~Done at the city of Washington this 1st day of March 1937.
Witness my hand and the seal of the United States Derpart- :
S O ment of Agriculture.
H. A. WALLACE,
Secretary of Agriculture.
RULES AND REGULATIONS (FIFTEENTH REVISION) SUPPLEMENTAL
TO NOTICE OF QUARANTINE NO. 48
(Approved Mar. 1, 1937; effective Mar. 1, 1937)
Regulation 1. Definitions
For the purpose of these regulations the following words, names, and terms
shall be construed, respectively, to mean:
(a) Japanese beetle.-The insect known as the Japanese beetle (Popillia
japonica Newm.), in any stage of development.
(M) The terms "infested", "infestation", and the like, relate to infestation
with the Japanese beetle.
(c) Quarantined area.-Any State or District quarantined by the Secretary
of Agriculture to prevent the spread of the Japanese beetle.
(d) Regulated area.-Any area in a quarantined State or District which is
now, or which may hereafter be, designated as such by the Secretary of Agri-
culture in accordance with the provisos to Notice of Quarantine No. 48, as
(e) Fruits and vegetables.-For the list of restricted fruits and vegetables
see regulation 5.
(f) Nursery and ornamental stock.-Nursery, ornamental, and greenhouse
stock, and all other plants, plant roots, cut flowers, or other portions of
(g) Sand, soil, earth, peat, compost, and manure.-Sand, soil, earth, peat,
compost, or manure of any kind and as to either bulk movement or in connection
with farm products or nursery and ornamental stock.
(h) Certified sand, soil, earth, peat, compost, and manure.-Sand, soil, earth,
peat, compost, or manure determined by the inspector as uninfested and so
(i) Certified greenhouse.-A greenhouse or similar establishment which has
complied to the satisfaction of the inspector with the conditions imposed in
regulation 6. This term may apply also to potting beds, heeling-in areas,
hotbeds, coldframes, or similar plots or to storage houses, packing sheds,
or stores treated or otherwise safeguarded in manner and method satisfactory
to the inspector.
(j) Inspector.-An inspector of the United States Department of Agriculture.
(kA) Moved or allowed to be moved interstate.-Shipped, offered for shipment
to a common carrier, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved from one State
or Territory or District of the United States into or through any other State
or Territory or District.
Regulation 2. Limitation of Restrictions to Regulated Areas
Conditioned upon the compliance on the part of the State concerned with
the provisos to Notice of Quarantine No. 48 (twelfth revision), the restrictions
provided in these regulations on the interstate movement of plants and plant
products and other articles enumerated in said notice of quarantine will
be limited to such movement from the areas in such State now or hereafter
designated by the Secretary of Agriculture as regulated areas.
Regulation 3. Regulated Areas
In accordance with the provisos to Notice of Quarantine No. 48 (twelfth
revision), the Secretary of Agriculture designates as regulated areas for the
purpose of these regulations the States, District, counties, townships, towns,
cities, election districts, and magisterial districts listed below, including all
cities, towns, boroughs, or other political subdivisions within their limits:
Connecticut.-The entire State.
DeZaware.-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,
Scarboro, Standish, and the cities of Portland, South Portland, Westbrook, and
Windhamburn, in Cumberland County; the city of Waterville, in Kennebec County;
and the city of Brewer, In Penobscot County.
Maryland.-Counties of Cecil, Kent, Queen Annes, Somerset, 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, 31, and 32, in
Allegany County; the city of Annapolis and election districts nos. 3, 4, and 5, in
Anne Arundel County; election districts nos. 1, 2, 3, 9, 11, 12, 13, 14, and 15,
and that portion of election district no. 8 lying south of Shawan, Beaver Dam,
and Sherwood Roads, in Baltimnore County; all of Caroline County except
election districts of Hillsboro (no. 6), American Corners (no. 8), and Preston
(no. 4); the city of Westminster, and election district of Freedom (no. 5), in
Carroll County; election districts of White Plains and La Plata, in Charles
County; election district of Cambridge (no. 7), in Dorchester County; election
districts of Frederick (no. 2), New Market (no. 9), Petersville (no. 12), and
Brunswick (no. 25), in Frederick County; county of Harford, except election
district of Marshall (no. 4) ; election districts of Elkridge (no. 1), in Ellicott
City (no. 2), and election district of West Friendship (no. 3), in Howard
County, and the right of way of United States Highway No. 1 through the
election district of Guilford (no. 6) in said county; all of Prince Georges
County except the election districts of Nottingham and Aquasco; that part
of Montgomery County located within the established boundaries of the so-
called "Washington Suburban Sanitary District"; towns of Easton and Oxford,
in Talbot County; election districts of Sharpsburg (no. 1), Williamsport (no. 2),
Hagerstown (nos. 3, 17, 21, 22, 24, and 25), Leitersburg (no. 9), Sandy Hook
(no. 11), and Halfway (no. 26), in Washington County; election districts of
Pittsburg (no. 4), Parsons (no. 5), Dennis (no. 6), Trappe (no. 7), Nutters
(no. 8), Salisbury (no. 9), Delmar (no. 11), Camden (no. 13), Willards (no. 14),
and Fruitland (no. 16), in Wicomico County.
Massachusetts.-The entire State.
New Hanimpsh.ire.-Counties of Belknap, Cheshire, Hillsboro, Merrimack,
Rockingham, Stratford, and Sullivan; towns of Brookfield, Eaton, Effingham,
Freedom, Madison, Moultonboro, Ossipee, Sandwich, Tamworth, Tuftonbero,
Wakefield, and Wolfeboro, in Carroll Cowunty; towns of Alexandria, Ashland,
Bridgewater, Bristol, Canaan, Dorchester, Enfield, Grafton, Groton, Hanover,
Hebron, Holderness, Lebanon, Lyme, Orange, and Plymouth, in Orafton County.
New' Jersey.-The entire State.
New York.-Counties of Albany, Bronx, Broome, Chemung, Chenango, Colum-
bia, Cortland, Delaware, Dutchess, Fulton, Greene, Kings, Madison, Mont-
gomery, Nassau, New York, Oneida, Onondaga, Orange, Otsego, Putnam, Queens,
Rensselaer, Richmond, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan,
Tioga, Ulster, Rockland, Washington, and Westchester; towns of Red Heuse
and Salamanca, and the city of Salamanca, in Cattaraugus County; towns of
Tonawanda, Amherst, and Cheektowaga, and the cities of Buffalo and Lacka-
wanna, in Erie County; towns of Columbia, Danube, Fairfield, Frankflort,
German Flats, Herkimer, Litchfield, Little Falls, Manheim, Newport, Salisbury,
Schuyler, Stark, Warren, and Winfield, and the city of Little Falls, in
Herkimer County; towns of Caton, Corning, and Hornby, and the city of
Corning, in Steuben County; towns of Caroline, Danby, Dryden, and Ithaca,
and the city of Ithaca, in Tonimpkins County; towns of Luzerne and Queensbury
and the city of Glens Falls, in Warren County.
Ohio.-Counties of Columbiana and Mahoning; townships of Augusta, Brown,
and East, in Carroll County; the City of Cleveland, in Cuyahoga County; the
city of Columbus, in Franklin County; townships of Cross Creek, Island Greek,
Knox, Saline, Steubenville, and Wells, and the city of Steubenville, in Jefferson
County; the city of Toledo, in Lucas County; townships of Bethlehem, Canton,
Jackson, Nimishillen, Osnaburg, Paris, Perry, Pike, Plain, Sandy, and Wash-
ington, and the city of Canton, in Stark County.
Pennsylvania.-The entire State, except Crawford, Erie, Forest, Mercer,
Venango, and Warren Counties, Mercer Township in Butler County, and Ash-
land, Beaver, Elk, Richland (including boroughs of Foxburg and St. Peters-
burg)_ Salem, and Washington Townships, in Clarion County.
Rhode 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, Fairfax,
Fauquier, Henrico, Loudoun, Norfolk, Northampton, Prince William, and Staf-
ford; magisterial districts of Dale and Manchester, in Chesterfield County;
magisterial district of Sleepy Hole, in Nansemond County; magisterial district
of Kempsville, in Princess Anne County; Camp Stuart, in Warwick County;
and the cities of Alexandria, Fredericksburg, Hampton, Newport News, Norfolk,
Portsmouth, Richmond, South Norfolk, and Suffolk.
West Virginia.---Counties of Hancock, Harrison, Marion, Monongalia, and
Taylor; town of Keyser and district of Frankfort, in Mineral County; and the
city of Parkersburg, in Wood County.
Regulation 4. Extension or Reduction of Regulated Areas
The regulated areas designated in regulation 3 may be extended or reduced
as may be found advisable by the Secretary of Agriculture. Due notice of any
extension or reduction and the areas affected thereby will be given in writing
to the transportation companies doing business in or through the States in
which such areas are located and by publication in one or more newspapers
selected by the Secretary of Agriculture within the States in which the areas
affected are located.
Regulation 5. Restrictions on the Movement of Fruits and Vegetables
SECTION 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 section:
(i) No green corn on the cob, beans in the pod, bananas in entire bunches
or in clusters of 25 or more, apples, peaches, blackberries, blueberries, huckle-
berries, or raspberries shall be moved or allowed to be moved interstate from
any regulated area to or through any point outside thereof; and (ii) no fruits
and vegetables of any kind shall be moved or allowed to be moved interstate
via refrigerator car or motortruck from the District, counties, or city listed
below to or through any point outside of the regulated areas:
Delaware.-The entire State.
District of Columbia.-The entire District.
Maryland.-County of Cecil and the city of Baltimore.
New Jersey.-Counties of Atlantic, Burlington, Camden, Cape May. Cumber-
land, Gloucester, Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Salenm,
Somerset, and Union.
Pennsylvania.-Counties of Bucks, Chester, Delaware, Montgomery, and Phila-
Virginia.---County of Arlington.
(a) No restrictions are placed on the interstate movement of fruits and
vegetables between October 16 and June 14, inclusive.
(b) No certificate will be required for the interstate movement of fruits and
vegetables on a through bill of lading either from an area not under regulation
through a regulated area to another nonregulated area, or from a regulated
area through a nonregulated area to another regulated area, except that a
certificate is required for interstate movement to Brewer and Waterville, Maine;
Buffalo, N. Y., or to the other regulated parts of Erie County, N. Y.; Cleveland,
Columbus, and Toledo, Ohio; Burlington, Vt.; and Parkersburg, W. Va. No
restrictions are placed on the interstate movement of fruits and vegetables
from Brewer and Waterville, Maine; Buffalo, N. Y., or from other parts of
Erie County, N. Y.; Cleveland, Columbus, and Toledo, Ohio; Burlington, Vt.;
and Parkersburg, W. Va.
(c) No restrictions are placed on the interstate movement of fruits or vege-
tables 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 apples or peaches of less than 15 pounds to the shipment, or of bananas
other than in entire bunches or in clusters of 25 or more.
(e) No restrictions are placed on the interstate movement of commercially
packed apples in any quantity, except those moving via refrigerator cars or
motor vehicles from the District, counties, or city listed in this section.
(2) No restrictions are placed on the interstate shipment from the regu-
lated areas of fruits and vegetables other than those mentioned above, except
that any such interstate shipments of fruits and vegetables may be inspected
by inspectors 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.
SMOTION B. CONDITIONS OF CETOICATION
Certificates may be issued for the interstate movement of fruits and vege-
tables to points outside the regulated areas between June 15 and October 15,
inclusive, under one of the following conditions:
(1) When the fruits and vegetables, moving from a point in the regulated
area other than the District, counties, or city listed in paragraph 1, (ii), of
this regulation, or moving from such designated District, counties, or city other
than by refrigerator car, 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 limited 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 he
discontinued and certification withheld by the inspector during periods of
general or unusual flight of the beetles.
(2) When the fruits and vegetables have been handled or treated under
the supervision of an inspector in manner and by method to free them from
(3) When the fruits and vegetables have originated outside of the regu-
lated areas and are to be reshipped directly from freight yards, transfer points,
or unloading docks within such areas, under provisions satisfactory to the
inspector for the safeguarding of such shipments pending certification 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.
(4) When the fruits and vegetables were grown in districts where the
fact has been established to the satisfaction of the inspector that no infesta-
tion exists and are to be shipped directly from the farms where grown to
points outside the regulated areas, or are shipped from infested districts whbqre
the fact has been established to the satisfaction of the inspector that the
Japanese beetle has not begun or has ceased its flight.
(5) When the fruits and vegetables, other than onions and potatoes, moving
via refrigerator car from the district, counties, or city listed in paragraph
1, (ii), of 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
inspector as thoroughly swept and cleaned by the common carrier in a man-
ner to rid it of infestation. During the interval between cleaning and loading
such refrigerator car must be tightly closed and sealed.
(6) When the onions or potatoes moving via refrigerator car from the
district, counties, or city listed 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.
Regulation 6. Restrictions on the Movement of Nursery and Ornamental Stock
SECTION A. CONTROL OF MOVEMENT
Nursery and ornamental stock shall not be moved or allowed to be moved :
interstate 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) True bulbs, corms, and tubers, when dormant, except for storage growth,
and when free from soil, are exempt from the requirement of certification,
except that this exemption does not apply to dahlia tubers.
(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
container 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 between October
16 and June 14, inclusive, of cut flowers, and of portions of plants without
roots and free from soil (such as branches and twigs of trees and shrubs,
scions, Christmas trees, holly, laurel, sphagnum moss, and parts of submerged
aquatic plants without roots).
(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 an-
other regulated area.
SECTION B. CONDITIONS GOVERNING THE ISSUANCE OF CERTIFICATES AND PERMITS
S For the purpose of certification of nursery and ornamental stock, nurseries,
Vs greenhouses, and other premises concerned in the movement of such stock will be
classified as follows:
(1) Class I.-Nurseries, greenhouses, and other premises concerned in the
movement of nursery and ornamental stock on or within approximately 500 feet
of which no infestation has been found may be classified as class I. Upon cornm-
,* pliance with the requirements of subsection (6) of this section, nursery and
ornamental stock may be certified by the inspector for shipment from such
S premises without further inspection, and without meeting the safeguards pre-
Sscribed as a condition of interstate shipment of plants originating in nurseries
or greenhouses of class III.
S (2) Class III.-(a) Nurseries, greenhouses, and other premises concerned
Sin the movement of nursery and ornamental stock on which either grubs in the
Ssoil or one or more beetles have been found, will be classified as class III.
Such classification also may be given to nurseries, etc., in localities known to
B:be generally infested where one or more beetles or grubs are found in the
lImmediate proximity (within approximately 500 feet) of such nurseries, etc., on
Adjacent property or properties. In the case of nursery properties, under
.s\inangle ownership and management, but represented by parcels of land widely
': separated, such parcels may be independently classified either as class I or class
IIfI upon compliance with such conditions and safeguards as shall be required
by':hby the inspector. Similarly, unit nursery properties, which would otherwise fall
4t'i 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
-w arranted by recent and scanty infestation limited to a portion of the nursery
cio 0ncerned: Provided, That the subdivision containing the infestation shall be
cp early marked by boundaries of a permanent nature whikh shall be approxi-
lately 500 feet beyond the point where the infestation occurs.
(if)Upon compliance with subsections (3) and (6) of this section, nursery
i and ornamental stock may be certified by the inspector for shipment from such
*ppmises under any one of the following conditions: (i) That the roots shall
'be- treated by means approved by the Bureau of Entomology and Plant Quaran-
i tine 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
w:i:,de, that the soil shall be entirely removed from the stock by shaking or
Swashing, or (iii) that it shall be shown by evidence satisfactory to the inspector
i.UtlAt the plants concerned were produced in a certified greenhouse.
S.... *:(3) Greenhouses of class III may be certified upon compliance with all the
following conditions with respect to the greenhouses themselves and to all
pottig beds, heeling-in areas, hotbeds, coldframes, and similar plots:
A. (%) Ventilators, doors, and all other openings in greenhouses or coldframes
mon premises in class III shall be kept screened in manner satisfactory to the
'lIfInpector during the period of flight of the beetle, namely, south of the north-
i boundariess of Maryland and Delaware between June 1 and October 1,
Inl usive, or north thereof between June 15 and October 15, inclusive.
..' (.) Prior to introduction into nurseries or greenhouses, sand, soil, earth,
*t, compost, or manure taken from infested locations or which may have been
exposed to infestation, must be sterilized or fumigated under the direction and
flpervision of, and in manner and by method satisfactory to the inspector. If
ryUsh treated sand, soil, earth, peat, compost, or manure is not to be imme-
Mila :tely used in such greenhouses, it must be protected from possible infesta-
",. t.on In manner and by method satisfactory to the inspector.
.....(o) All potted plants placed in certified greenhouses of class III and all
s: $.. :t plants to be certified for interstate movement therefrom (i) shall be
~tted in certified soil; (ii) shall, if grown outdoors south of the northern
MARCH 1, 1937
I Toledo, Ohio
2 Columbus, Ohio
3 Cleveland, Ohio
4 Parkersburg W. Va.
6 Burlin^gon, V+.
7 Waterville, Maine
8 Brewer, Maine
":,..: ". ..:EE... ""* ",::: :. :.:%:I ":..
boundaries of Maryland and Delaware at any time between June I and Octo-
ber 1, inclusive, or north thereof at any time between June 15 and October 15, l|.
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 approvist:by- :,: i.
the Bureau of Entomology and Plant Quarantine to eliminate infestation; and
(iv) shall comply with such other safeguards as may be required by the
(4) Cut flowers and other parts of plants without roots or soil may be
certified for movement either (a) when they have been inspected by an inspec- .
tor 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 trans-
ported under such safeguards as will in the judgment of the inspector prevent
infestation. (See also sec. A (3) of this regulation.) .
(5) Nursery and ornamental stock originating on or moved from unclassified .
premises may be certified by the inspector under either one of the following
conditions: (a) That the soil shall be entirely removed from the stock, or (.:) (
that the roots shall be treated by means approved by the Bureau of Eto ..
mology and Plant Quarantine in manner and by method satisfactory to thle '
inspector, or (c) that it shall be shown by evidence satisfactory to the inspector .".
that the accompanying soil was obtained at such points and under such condl- t .N
tions that in his judgment no infestation could exist therein. c .- ',
(6) Nurserymen, florists, dealers, and others, in order to maintain ei n'
classified'statui. (a) shall restrict their purchases or receipts of nursery d '.N .
ornamental stock, sand, soil, earth, peat, compost, and manure within the regt.- \:
lated area to articles which have been certified under these regulations as, tz : .::"'
each such, article and the said certificate shall accompany the articles WhLs, *
moved; (b) shall obtain approval of the inspector before such articles are I'r- N,
ceived on their premises or moved from the open on their own premises i. .in
certified greenhouses; and (c) shall also report immediately in writing allt:|-p ..:.
chases or receipts of such articles secured from within the regulated... ea.. '
Nurserymen, florists, dealers, and others whose premises are classified as cis. ;
III shall, in addition, report immediately on forms provided for that purp e
all their sales or shipments of such articles both to points outside the reg6lt g
areas and to other classified nurseries or greenhouses within the regWiatN
areas. Certification may be denied to any person who has emitted to mN.k. .....
the report or reports required by this regulation, and such denial of certification .
shall continue until the information so omitted has been supplied. !.
(7) Nursery and ornamental stock imported from foreign countries and ..ot .*
reshipped from the port of entry in the unopened original container m'ay be
certified for movement under these regulations when such stock haa been.:i
inspected by an inspector and found free from infestation."..
(8) Nursery and ornamental stock originating outside the regulated. atres :!
and certified stock originating in classified nurseries or greenhouses tay e :ei
certified for reshipment from premises other than those on which they origi- J
nated, under provisions satisfactory to the inspector for the safeguardt'g of .
such stock from infestation at the point of reshipment and en route, and when '
found advisable by the inspector, after reinspection and determination of free- L :"
dom from infestation. .
Regulation 7. Restrictions on the Movement of Sand, Soil, Earth, Peat, Compb.t, ,
and Manure '
SECTION 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 ..ii
therefore by the inspector, except as follows:
(1) No restrictions are placed on the interstate movement of sand for con-
struction purposes, nor of "bird gravel", "bird sand", or ground, dried, imported
peat in packages of 5 pounds or less to the package.
(2) No restrictions are placed on the interstate movement of sand, soil, earth,
peat, compost, and manure imported from foreign countries when reshipped .!:
from the port of entry in the unopened original container and labeled as to i
each container with the country of origin, and when the shipment is further
Protected in manner or method satisfactory to the inspector.
(3) 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 regu-
ilttd area, or from a regulated area through a nonregulated area to another
7 regulated area.
: SECTION B. CONDITIONS OF CERTIFICATION
Certificates for the movement of sand, soil, earth, peat, compost, and manure
1 may be issued under any one of the following conditions:
(1) When the articles to be moved have originated in districts included in
i. the regulated area, but in which neither beetles nor griubs in soil have been
(2) 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.
(3) 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.
(4) When the material has been fumigated with carbon disulphide or other-
wise treated under the supervision of and in manner and by method satis-
fictory to the inspector. Such fumigation or treatment will be required as
a condition of certification of all sand, soil, earth, peat, compost, and manure,
Except such as is loaded and shipped in compliance with paragraphs .(1), (2),
or (3) hereof.
Regulation 8. Conditions Governing the Protection of Restricted Articles From
Infestation While in Transit
Fruits and vegetables, nursery and ornamental stock, and sand, soil, earth,
* peat, compost, and manure, moving interstate from or through the regulated
: areas to points outside thereof between June 15 and October 15, inclusive, shall
at all times while they are in the regulated areas be screened, covered, or
otherwise protected in manner or method satisfactory to the inspector for
safeguarding the articles from infestation.
Trucks or other road vehicles transporting restricted articles may be sealed
by the inspector at the point of inspection, and all such seals shall remain
intact as long as the vehicle is en route within the regulated area.
Regulation 9. Marking and Certification a Condition of Interstate
(a) Every car, vehicle, box, basket, or other container of the articles listed,
the interstate movement of which is restricted in regulations 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.
S(b) In the case of bulk carload shipments by rail, the certificate shall ac-
fcompany 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 accom-
Spany the vehicle.
S(d) Certificates shall be surrendered to the consignee upon delivery of the
Regulaion 10. General Conditions Governing Inspection and Issuane of ..
Certificates and Permits /' ".'. i
(a) Persons intending to move or allow to be moved interstate iy o the iis
articles the movement of which is restricted in regulations 5, 6,j and t"qhaji
make application for inspection and certification as far as possible in advance
of the probable date of shipment, specifying in the application the art.cl& and'
quantity to be shipped, method of shipment, name and address of the con- i
signor, and name and address of the consignee.
(b) Applicants for inspection will be required to assemble the articles at .....
such points as the inspector shall designate and so to place them that ia:pee- :'
tion may readily be made; if not so placed, inspection may be refausef) Aull .
charges for storage, cartage, and labor incident to inspection, other thins tha 06,'-
services of the inspector, shall be paid by the shipper... ...
(c) Certificates and permits shall be used in connection with the tItas- *',
portation of only those articles intended to be covered thereby. : :,
(d) Where the apparent absolute freedom from infestation of any "eat1 S'i-W'
articles enumerated cannot be determined by the inspector, certification w! be K*y,
refused. '. *
(e) Permits may be issued for the interstate movement of restricted "at: :m
by truck or other road vehicle from a regulated area through a nonrek lated ?
area to another regulated area. : K i;
Regulation 11. Cancelation of Certificates '.. ..
Certificates issued under these regulations may be withdrawn or caeftad "!
by the inspector and further certification refused, either for any failure 6aI :
pliance with the conditions of these regulations or violation of them, oor 0 l '..-...
ever in the judgment of the inspector the further use of such certificates$ Ot^ "
result in the dissemination of infestation. ..
Regulation 12. Inspection in Transit ii :Tl-t
Any car, vehicle, basket, box, or other container moved interstate or
to a common carrier for shipment interstate, which contains or wM&l*
inspector has probable cause to believe contains either infested ard ri 't
articles the movement of which is prohibited or restricted by these regulti
shall be subject to inspection by an inspector at any time or place. .: "
." ::: i- :."
Regulation 13. Thorough Cleaning Required of Trucks, Wagons, Ca.M, hlats, .
and Other Vehicles and Containers Before Moving Interstate "
Trucks, wagons, cars, boats, and other vehicles and containers which have
been used in transporting any article covered by these regulations within .the
regulated areas shall not thereafter be moved or allowed to be moved Inter- ......
state until they have been thoroughly swept and cleaned by the carrier at the ;:
point of unloading or destination.
Regulation 14. Shipments by the United States Department of Agri*ult`re ,:
Articles subject to restriction in these regulations may be moved interstate by I::
the United States Department of Agriculture for experimental or ascmtl f ...
purposes, on such conditions and under such safeguards as may be presrmbe' by ''
the Bureau of Entomology and Plant Quarantine. The container of artic lels
so moved shall bear, securely attached to the outside thereof, an identifying r'
tag from the Bureau of Entomology and Plant Quaefltie "
r9W't% showing compliance with such conditions. .,... ..
These revised rules and regulations shall be effective oiam! a r
S after March 1, 1937, and shall supersede the rules and riul-
tions promulgated March 7, 1936.
Done at the city of Washington this 1st day of March 193T.
Witness my hand and the seal of the United States Depart-
ment of Agriculture. *:::'
H. A. WA"LAos, a.
Secretary of Agricsthre.
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 impris-
onment not exceeding 1 year, or both such fine and imprisonment, in the
discretion of the court.
STATE AND FEDERAL INSPECTION
Certain of the quarantined States have promulgated or are about to promul-
gate quarantine regulations restricting intrastate movement supplemental to the
Federal quarantine. These State regulations are enforced in cooperation with
the Federal authorities. Copies of either the Federal or State quarantine
orders may be obtained by addressing the United States Department of
Agriculture, Glenwood Avenue and Henry Street, Bloomfield, N. J.
Subsidiary offices are maintained at the following locations:
Fourth Floor, Custom House, Boston, Mass.
Connecticut Agricultural Experiment Station, 123 Huntington Street, New
Boom 838, 641 Washington Street, New York, N. Y.
Boom 200, 2507 James Street, Syracuse, N. Y.
P. 0. Box 1, Trenton, N. J., or Yardville Road, White Horse, N. J.
Kotler Building, Maine and High Streets, Glassboro, N. J.
Frankford Arsenal, Bridge and Tacony Streets, Frankford,'Philadelpia, Pa.
Warehouse No. 4, General Depot, United States Army, New Cumberland, Pa.
Room 438-K, New Post Office Building, Pittsburgh, Pa.
Room 210, New Post Office Building, Dover Del.
Room 306, Post Office Building, Calvert and Fayette Streets, Baltimore, Md.
Room 301, Salisbury Building and Loan Bldg., Main and Division Streets,
Office of County Agent, Court House, Hagerstown, Md.
Room 213, Broad-Grace Arcade Building, Richmond, Va.
Room 217, New Federal Building, Granby Street and Brambleton Avenue,
Arrangements may be made for inspection and certification of shipments from
the District of Columbia by calling District 6350, branch 2589, the inspection
house, of the Bureau of Entomology and Plant Quarantine, Twelfth Street and
Constitution Avenue NW., Washington, D. C.
GENERAL OFFICES OF STATES COOPERATING
Department of Entomology, Agricultural Experiment Station, New Haven,
Board of Agriculture, Dover, Del.
State horticulturist, Augusta, Maine.
Department of Entomology, University of Maryland, College Park, Md.
Division of Plant Pest Control, Department of Agriculture, Statehouse,
Deputy commissioner, Department of Agriculture, Durham, N. H.
S Bureau of Plant Industry, Department of Agriculture, Trenton, N. J.
... .. : iid~ .iii i."..': ...." ..
.... :........ ..
Bureau of Plant Industry, Department of Agriculture and Makets,SB
Albany, N. Y.
Bureau of Plant Industry, Department of Agriculture, Harrisburg, Pa. :,
Bureau of Entomology, Department of Agriculture, Statehous, Vr.. on- "'.
dence, R.I. 1..1
Entomologist, Department of Agriculture, Montpelier, Vt. ii
Division of Plant Industry, Department of Agriculture and Immigatto o ,j
State entomologist, Department of Agriculture, Charleston, W. Va. i
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