B. B. P. Q.-Q. 48 Revision of Quarantine and Regulations.
Effective March 16, 1936.
United States Department of Agriculture
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 quaran-
tbm:Dpovides for exemption of certain products by administrative instructions
Issued by the Chief of the Bureau of Entomology and Plant Quarantine, when
::n his Judgment the nature of the growth or production, or the manufacture or
processing of such products, is such that their interstate movement is not
::H considered to constitute danger of spread of infestation.
J The regulations have also been revised to include in the regulated area
additional territory in the States of Maine, Maryland, New York, and Vir- |
S ginia. Some outlying areas where Japanese beetle infestations have been
t eond are not included in the regulated area because of assurance from the
.:,:. States concerned that adequate measures will be taken to prevent the spread
SOf the pest therefrom. The restrictions on the interstate movement by refriger-
atr car or motortruck of all fruits and vegetables from the District of Columbia
.: and portions of the States of Delaware, Maryland, New Jersey, Pennsylvania,
aMd. Virginia, between June 15 and October 15, inclusive, have been extended
to apply to the entire State of Delaware.
S Unless a certificate or permit has been issued, these, regulations as now
revised prohibit the interstate shipment of green corn on the cub, beans in
the iod, bananas in entire bunches or in clusters of 25 or more, apples, I
Peaches, blackberries, blueberries, huckleberries, or raspberries from any part
|r of the regulated areas, and also prohibit (unless a certificate or permit has
^ "" -been issued) the interstate movement of all fruits and vegetables by refrigerator
; tar or motortruck from the District of Columbia, the State of Delaware, and
w parts of the States of Maryland, New Jersey, Pennsylvania, and Virginia.
S Re ::. Bfrigerator cars used for loading fruits and vegetables, other than onions
J* and potatoes, in such area must, prior to loading, be cleaned by the common
@rier and kept tightly closed and sealed during the interval between cleaning
S and: loading. Onions and potatoes must be fumigated in the car when such
action Is deemed necessary by the inspector, and doors and hatches of the
cars must be closed or screened. For other details and exceptions see
h 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
n .through any outside point throughout the year unless a Federal permit or
fitlffieate has been secured. Portions of plants and cut flowers are restricted
... ....tw..' tate.. movement only between June 15 and October 15, Inclusive. For
di:: details and exceptions see regulations 6 and 7.
The regulated areas include the District of Columbia, the entire States of
C* mt*lcut, Delaware, Massachusetts, New Jersey, and Rhode Island, and
* starts the States of Maine, Maryland, New. Hampshire, New York, Pennsyl-
i v anla, Vermont, Virginia, and West Virginia. The boundaries are shown in
|i, .. .. 6' .
s' ; flOHO -36 .j .
... :: Ii
.. .. .... .... ..
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 safeguards and conditions as provided in regulations 8 to 18,
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.
LEm A. SONG,
Chief, Bureau of Entomology and Plant Quarantine.
NOTICE OF QUARANTINE NO. 48 (ELEVENTH REVISION)
(Approved Mar. 7, 1936; effective Mar. 16, 1936)
I, R. G. Tugwell, Acting Secretary of Agriculture, have determined that
It is necessary to quarantine the States of Connecticut, Delaware, Mte,
Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pen -
sylvania, Rhode Island, Vermont, Virginia, and West Virginia, and the Ditriet
of Columbia, to prevent the spread of the Japanese beetle (PopiWUa- jspostca
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 Ougress
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, flela-
ware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, 1ew
York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginja, a4d
the District of Columbia, effective on and after March 16, 1936& Henar
under the authority of said act of August 20, 1912, amended as aforesaid i
fruits and vegetables; (2) nursery, ornamental, and greenhouse stock, a-...r
plants; and (3) sand, soil, earth, peat, compost, and manure shall not be:blig
offered for shipment to a common carrier, received for transportation or tas-
ported 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 manner or etod
or under conditions other than those prescribed in the rules and regulations
hereinafter made and amendments thereto: Potided, 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 hereaftmer 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 enforcing such control meas-
ures 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 the Chief of the Bureau of Entomology
and Plant Quarantine when, in his judgment, such articles are considered
innocuous as carriers of infestation.
Done at the city of Washington this 7th day of Marcqh 198.
Witness my hand and the seal of the United States Departmet
[I of Agriculture. .,
II. G. TwGw
Aoting Secretary of Agrinl
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RULES AND REGULATIONS (FOURTEENTH REVISION) SUPPLE-
MENTAL TO NOTICE OF QUARANTINE NO. 48
(Approved Mar. 7, 1936; effective Mar. 16, 1936)
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 (Popillia4
japonica Newm.), in any stage of development.
(b) The terms- "infested", "'infestation", and the like, relate to infestation
with the Japanese beetle.
(a) 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 plants.
S (g) Sand, soil, earth, peat, conipost, and mnanure.-Sand, soil, earth, peat,
S compost, or manure of any kind and as to either bulk movement or in connection
I 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,
'1f hotbeds, coldframes, or similar plots or to storage houses, packing sheds, or
Stores treated or otherwise safeguarded in manner and method satisfactory
S to the inspector.
*. (J) Inspector.-An inspector of the United States Department of Agriculture.
(kc) Moved or allowed to be moved interstate.-Shipped, offered for shipment
S 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.
H Regulation 2. Limitation of Restrictions to Regulated Areas
i: Conditioned upon the compliance on the part of the State concerned with
theeprovisos to Notice of Quarantine No. 48 (eleventh revision), the restric-
tions 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 here-
afttr designated by the Secretary of Agriculture as regulated areas.
'J:'.. '- Regulation 3. Regulated Areas
In accordance with the provisos to Notice of Quarantine No. 48 (eleventh
revisionn, 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:
: .. Connectiout.-The entire State.
Delaware.-The entire State.
D istrit of Columbia.-The entire District.
Madie.s-County of York; towns of Auburn and Lewiston, in Androscoggin
County;V towns of Cape Elizabeth, Gorham, Gray, New Gloucester, Raymond,
'4 Scarboro, Standish, and the cities of Portland, South Portland, Westbrook,
aM-Wlutdham, in Cumberland County; and the city of Waterville, in Kenne-
Maryland.-COounties of Cecil, Kent, Queen Annes, Somerset, sad Woegr;
the city of Baltimore; the city of Cumberland, the town of Frostburg, and ele-
tion districts nos. 4, 5, 6, 7, 11, 12, 14, 22, 23, 24, 26, 29, 81, and 82, in Ale-
gany County; the city of Annapolis and election district no. tIn Amw
Arundel County; election districts nos. 1, 2, 8, 9, 11, 12, 13, 14, and 15; In
Baltimore County; all of Caroline County except election districts of Hillsboro
(no. 6), American Corners (no. 8)1, and Preston (no. 4); the city of West-!
minster, and election district of Freedom (no. 5), in Carroll owonty; election
districts of White Plains and LaPlata, in Charles County; election distriCt Of
Cambridge (no. 7), in Dorchester County; election districts of Peteraville (noM
12), and Brunswick (no. 25), in Frederick County; County of Harford, ew.cept
election district of Marshall (no. 4); election districts of Elkridge (no.&l), 1
Ellicott City (no. 2), and election district of West Friendship (no, :8);Tin
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 paf of
Montgomery County located within the established boundaries of the so-cafled
"Washington Suburban Sanitary District"; towns of Easton and Oxford IR
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 WasMington 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 Wicomnico County.
Massachusetts.-The entire State. .
New Hampshire.-Counties of Belknap, Cheshire, Hillsboro, Merrimsek,
Rockingham, Strafford, and Sullivan; towns of Brookfield, Eaton, Effingbam,
Freedom, Madison, Moultonboro, Ossipee, Sandwich, Tamworth, Tuttonboro,
Wakefield, and Wolfeboro, in Carroll County; towns of Alexandria, AsI.and,,
Bridgewater, Bristol, Canaan, Dorchester, Enfield, Grafton, Groton; Hanover,
Hebron, Holderness, Lebanon, Lyme, Orange, and Plymouth, in Orafton County,
New JPersey.-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, Quens, '
Rensselaer, Richmond, Rockland, Saratoga. Schenectady, Schobarie, Suffolk,
Sullivan, Tioga, Ulster, Washington, and Westchester; towns of Red' House
and Salamanca, and the city of Salamanca, in Cattaraugus County; towns of
Columbia, Danube, Fairfield, Frankfort, German Flats, Herkimer, Litehield,
Little Falls, Manheim, Newport, Salisbury, Schuyler, Stark, Warren, and Win-
field, and the city of Little Falls, in Herkiner County; towns of (aton, Corn-
ing, and Hornby, and the city of Corning, in Steuben County; towns of Caroline,
Danby, Dryden, and Ithaca, and the city of Ithaca, in Tompkew County;
towns of Luzerne and Queensbury and the city of Glens Falls, in Warren 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.;
Virginia.-Counties of Accomac, Arlington, Culpeper, Elizabeth City, Fairfax,
Fauquier, Henrico, Loudoun, Norfolk, Northampton, Prince William, and Staf-
ford; magisterial district of Manchester, in Chesterf eld County; magisterial
district of Sleepy Hole, in Nansemnond County; Camp Stuart, in W-rwick
County; and the cities of Alexandria, Fredericksburg, Hampton, Newport New,
Norfolk, Portsmouth, Richmond, South Norfolk, and Suffolk.
West Virginia.-Town of Keyser and district of Frankfort, in Mineral Conaty.
Regulation 4. Extension or Reduction of Regulated Areas J
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 Is
which such areas are located and by publication in one or more newBap..i .i
This should be (no. 8). .J
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 Or 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
S(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:
Dolaware.-The entire State.
District of Colunmbia.-The entire District.
Maryland.-County of Cecil and the city of Baltimore.
S.Sew Jersey.-Counties of Atlantic, Burlington, Camden, Cape May, Cumber-
land, Gloucester, Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Salem,
Somerset, and Union.
1 Pemsylvania.-Counties of Bucks, Chester, Delaware, Montgomery, and
"l Virginia.-County of Arlington.
Is (a) No restrictions are placed on the interstate movement of fruits and veg-
o tables between October 16 and June 14, inclusive.
-*. (b) No certificate will be required for the interstate movement of fruits and
vTli vegetables on a through bill of lading either from an area not under regulation
Il through a regulated area to another nonregulated area, or from a regulated
S area through a nonregulated area to another regulated area, except that a cer-
tifiet is. required for interstate movement to Richmond, Va., or to the other
regulated parts of Henrico County, Va., or to Waterville, Maine. No restric-
tions are placed on the interstate movement of fruits and vegetables from the
city of Richmond, Va., or from other parts of Henrico County, Va., or from
Waterville, Maine, to points outside the regulated areas.
S (e) No restrictions are placed on the interstate movement of fruits or vege-
ftales when they shall have been manufactured or processed in such a manner
that in the judgment of the inspector no infestation could be transmitted.
1 (4) 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
ether than in entire bunches or in clusters of 25 or more.
(B) 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 regulated
areas of fruits and vegetables other than those mentioned above, except that
any such interstate shipments of fruits and vegetables may be inspected by
i"spectors at any time or place inside or outside the regulated areas and when
actually found to involve danger of dissemination of Japanese beetle to unin-
tiSted localities, measures to eliminate infestation may be required as a con-
edition of further transportation or delivery.
*.! ~SECTION CONDITIONS OF CERTIFICATION
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,
,in.lusive, 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
ytbiV"er than by refrigerator car, have actually been inspected by the United
"iiSi^tates Department of Agriculture and found free from infestation. The
pan,":uber of inspection points for such certification will be limited and their
bea: I tion determined by shipping needs and further conditioned on the estab-
iimmf, aent at such points of provisions satisfactory to the inspector for the
handling and safeguarding of such shipments during inspection. SSudi 4a-
spection may be 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 udeir the
supervision of an inspector in manner and by method to free them from any
(8) When the fruits and vegetables have originated outside of the regulated
areas and are to be reshipped directly from freight yards, transfer points, or
unloading docks within such areas, under provisions satisfactory to tthe In-
spector for the safeguarding of such shipments pending certification and reshilp-
ment. 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 infestation
exists and are to be shipped directly from the farms where grown to points
outside the regulated areas, or are shipped from infested districts where the
fact has been established to the satisfaction of the inspector that the Japanese
beetle has not begun or has ceased its flight.
(5) When the fruits and vegetables, other than onions and potatoes, mov-
ing via refrigerator car from the District, counties, or city listed In-r para-
graph 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 in-
spector as thoroughly swept and cleaned by the common carrier in a manner
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 Dis-
trict, counties, or city listed in this regulation have been fumigated Ii 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 Stack
SEUNION 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 certifcation,
except that this exemption does not apply to dahlia tubers.
(2) No restrictions are placed on the interstate movement of nursery ad
ornamental stock imported from foreign countries when reshipped from the
port of entry in the unopened original container and labeled as to eaei Ceon-
tainer with a copy certificate of the country from which it was exported, a
statement of the general nature and quantity of the contents, the name -and
address of the consignee, and the country and locality where grown.
(3) No restrictions are placed on the interstate movement 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. tiniugh
a regulated area, or from a regulated area through a nonregulated 'area 'to
another regulated area.
ETIDON CONDITION8s .GOVERNING THE ISSUANCE OF C(ERTIIOATES AND PEMns,
For the purpose of certification of nursery and ornamental stock, nursezies,
greenhouses, and other premises concerned in the movement of muck stock
will be classified as follows:
(1) Class 1.-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 L
Upon compliance with the requirements of subsection (6) of this section, nur-
sery and ornamental stock may be certified by the inspector for shipment from
such premises without further inspection, and without meeting the safe-
guards prescribed as a condition of interstate shipment of plants originating
in nurseries or greenhouses of class III.
(2) Class III.-(a) Nurseries, greenhouses, and other premises concerned
in the movement of nursery and ornamental stock on which either grubs in
Sthe soil 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
be generally infested where one or more beetles or grubs are found in the
immediate proximity (within approximately 500 feet) of such nurseries, etc.,
on .adjacent property or properties. In the case of nursery properties, under
single ownership and management, but represented by parcels of land widely
separated, such parcels may be independently classified either as class I or class
III upon compliance with such conditions and safeguards as shall be required
by the inspector. Similarly, unit nursery properties, which would otherwise
fall In class III, may be open to subdivision, for the purpose of rating such
subdivisions in classes I or III, when in the judgment of the inspector such
action is warranted by recent and scanty infestation limited to a portion
of the nursery concerned: Provided, That the subdivision containing the infesta-
tion shall be clearly marked by boundaries of a permanent nature which shall be
approximately 500 feet beyond the point where the infestation occurs.
(b) Upon compliance with subsections (3) and (6) of this section, nursery
and ornamental stock may be certified by the inspector for shipment from
such premises under any one of the following conditions: (i) That the roots
S shall be treated by means approved by the Bureau of Entomology and Plant
Quarantine in manner and by method satisfactory to the inspector; or (ii)
in the case of plants in which the root system is such that a. thorough inspec-
tion may be made, that the soil shall be entirely removed from the stock by
shaking or washing, or (iii) that it shall be shown by evidence satisfactory
to the inspector that the plants concerned were produced In a certified
(3) Greenhouses of class III may be certified upon compliance with all the
following conditions with respect to the greenhouses themselves and to all
t' potting beds, heeling-in areas, hotbeds, coldframes, and similar plots:
(a) Ventilators, doors, and all other openings in greenhouses or cold-
S frames on premises in class III shall be kept screened in manner satisfactory
to the inspector during the period of flight of the beetle, namely, south of
S the northern boundaries of Maryland and Delaware between June 1 and
S- October 1, inclusive, or north thereof between June 15 and October 15, inclusive.
| (b) Prior to introduction into nurseries or greenhouses, sand, soil, earth,
I. peat, compost, or manure taken from infested locations or which may have
S been exposed to infestation, must be sterilized or fumigated under the direc-
tion and supervision of, and in manner and by method satisfactory to, the
S inspector. If such treated sand, soil, earth, peat, compost, or manure is not
."* to be immediately used in such greenhouses, it must be protected from possible
Ai. Infestation in manner and by method satisfactory to the inspector.
*i. (o) All potted plants placed in certified greenhouses of class III and all
potted plants to be certified for interstate movement therefrom (i) shall be
potted in certified soil; (ii) shall, if grown outdoors south of the northern
Boundaries of Maryland and Delaware at any time between June 1 and Octo-
| ber 1, inclusive, or north thereof at any time between June 15 and October
15, inclusive, be kept in screened frames while outdoors; (iii) shall, if grown
outdoors during any part of the year, be placed in beds in which the soil
I or other material shall have been treated in manner and by method approved
by, the Bureau of Entomology and Plant Quarantine to eliminate infestation:
and (iv) shall comply with such other safeguards as may be required by the
I:1 (4) Cut flowers and other parts of plants without roots or soil may be
*p certified for movement either (a) when they have been inspected by an in-
*g. ipector 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-
Sported under such safeguards as will in the judgment of the inspector prevent
SInfestation. (See also sec. A (3) of this regulation.)
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-- :.E;FFECTIVE: MARCH 16, 1936
(5) Nursery and ornamental stock originating on or moved from unclassi-
fled premises may be certified by the inspector under either one of the follow-
ing conditions: (a) That the soil shall be entirely removed from the stock,
or (b) that the roots shall be treated by means approved by the Bureau of
Entomology and Plant Quarantine in manner and by method satisfactory to
the inspector, or (c) that it shall be shown by evidence satisfactory to the
inspector that the accompanying soil was obtained at such points and under
such conditions that in his judgment no infestation could exist therein.
(6) Nurserymen, florists, dealers, and others, in order to maintain their
classified status, (a) shall restrict their purchases or receipts. of. nursery and
ornamental stock, sand, soil, earth, peat, compost, and manure within the
regulated area to articles which have been certified under these regulations
as to each such article and the said certificate shall accompany the articles
when moved; (b) shall obtain approval of the inspector before such articles
are received on their premises or moved from the open on their own premises
into certified greenhouses; and (c) shall also report immediately in writing
all purchases or receipts of such articles secured from within the regulated
area. Nurserymen, florists, dealers, and others whose premises are classified
as class III shall, in addition, report immediately on forms provided for that
purpose all their sales or shipments of such articles both to points outside
the regulated areas and to other classified nurseries or greenhouses within
the regulated areas. Certification may be denied to any person who has
omitted to make the report or reports required by this regulation, and such
denial of certification shall continue until the information so omitted has
(7) Nursery and ornamental stock imported from foreign countries and not
reshipped from the port of entry in the unopened original container may
be certified for movement under these regulations when such stock has been
inspected by an inspector and found free from infestation.
(8) Nursery and ornamental stock originating outside the regulated areas
and certified stock originating in classified nurseries or greenhouses may be
certified for reshipment from premises other than those on which they origi-
nated, under provisions satisfactory to the inspector for the safeguarding of
such stock from infestation at the point of reshipment and en route, and, when
found advisable by the inspector, after relnspection and determination of
freedom from infestation.
Regulation 7. Restrictions on the Movement of Sand, Soil, Earth, Peat,
Compost, 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
therefore by the inspector, except as follows:
(1) No restrictions are placed on the interstate movement of sand for
construction 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 re-
shipped from the port of entry in the unopened original container and labeled
as to each container with the country of origin, and when the shipment is
further protected in manner or method satisfactory to the inspector.
(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 aI
regulated area, or from a regulated area through a nonregulated area to another
SECTION B. CONDITIONS OF CERTIFICATION
Certificates for the movement of sand, soil, earth, peat, compost, and manure
may be issued under any one of the following conditions:
(1) When the articles to be moved have originated in districts included in
the regulated area, but in which neither beetles nor grubs in soil have been
ikfi: :: B
r.. (2); When the material consists of fresh manure or of mined, dredged, or
J"other similar materials, and it has been determined by an inspector that no
ii infestation could exist therein.
S< (8) When the material has been removed, under the supervision of an in-
S pector, 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
S(b) is loaded and shipped at points where it has been determined by an In-
S', spector that no general infestation of adult beetles exists, or (c) when the
ears 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 satisfactory
to the inspector. Such fumigation or treatment will be required as a condi-
tion of certification of all sand, soil, earth, peat, compost, and manure, except
[ much as is loaded and shipped in compliance with paragraphs (1), (2), or (3)
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
L at all times while they are in the regulated areas be screened, covered, or
o otherwise protected in manner or method satisfactory to the inspector for safe-
S guarding 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
sU 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,
S., the interstate movement of which is restricted in regulations 5, 6, and 7, shall
S 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
S thereof a valid certificate or permit issued in compliance with these regula-
Stions. In the case of lot shipments by freight, one certificate attached to one
S of the containers and another certificate attached to the waybill will be
I (b) In the case of bulk carload shipments by rail, the certificate shall
I, accompany the waybill, conductor's manifest, memorandum, or bill of lading
S pertaining to such shipment and in addition each car shall have securely
S attached to the outside thereof a placard showing the number of the certificate
: or certificates accompanying the waybill.
S (e) In the case of shipment by road vehicle, the certificates shall accompany
i the vehicle.
.. (d) Certificates shall be surrendered to the consignee upon delivery of the
S.. Regulation 10. General Conditions Governing Inspection and Issuance of
"I: Certificates and Permits
(a) Persons intending to move or allow to be moved interstate any of the
S articles the movement of which is restricted in regulations 5, 6, and 7, shall
make application for inspection and certification as far as possible in advance
6f the probable date of shipment, specifying in the application the article and
S quantity to be shipped, method of shipment, name and address of the consignor,
and name and address of the consignee.
.i (6) Applicants for inspection will be required to assemble the articles at
: such points as the inspector shall designate and so to place them that inspec-
tion may readily be made; if not so placed, inspection may be refused. All
charges for storage, cartage, and labor incident to inspection, other than the
s services of the inspector, shall be paid by the shipper.
(e) Certificates and permits shall be used in connection with the transporta-
tion of only those articles intended to be covered thereby.
(d) Where the apparent absolute freedom from infestation of any of the
articles enumerated cannot be determined by the inspector, certification will
(e) Permits may be issued for the interstate movement of restricted articles
by truck or other road vehicle from a regulated area through a nonregulated
area to another regulated area.
Regulation 11. Cancelation of Certificates
Certificates issued under these regulations may be withdrawn or canceled
by the inspector and further certification refused, either for any failure of
compliance with the conditions of these regulations or violation of tkem, or
whenever in the judgment of the inspector the further use of such certificates
might result in the dissemination of infestation.
Regulation 12. Inspection in Transit
Any car, vehicle, basket, box, or other container moved interstate or offered
to a common carrier for shipment 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 regula'-
tions, shall be subject to inspection by an inspector at any time or place.
Regulation 13. Thorough Cleaning Required of Trucks, Wagons, Cars, Boats,
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
the regulated areas shall not thereafter be moved or allowed to be moved
interstate 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 Agriculture
Articles subject to restriction In these regulations may be moved interstate
by the United States Department of Agriculture for experimental or scien-
tific purposes, on such conditions and under such safeguards as may be pre-
scribed 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 Entomology and Plant Quarantine
showing compliance with such conditions.
These revised rules and regulations shall be effective on and
W after March 16, 1936, and shall supersede the rules and regu-
lations promulgated May 29, 1935.
Done at the city of Washington this 7th day of March 1936.
Witness my hand and the seal of the United States Depart-
ment of Agriculture.
R. G. TUGWEL,
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 carrier,
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 Secre-
tary of Agriculture shall be deemed guilty of a misdemeanor, and shall upon
conviction thereof be punished by a fine not exceeding $500, or by imprison-
ment not exceeding 1 year, or both such fine and imprisonment, in thoe
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 Agrlcul-
ture, Glenwood Avenue and Henry Street, Bloomfield, N. J.
Subsidiary offices are maintained at the following locations:
Fourth Floor, Customhouse, Boston, Mass.
1337 Dixwell Avenue, Hamden, Conn.
Room 840, 641 Washington Street, New York, N. Y.
Room 332, Post Office Building, Syracuse, N. Y.
Lawrence Building, 13-15 Orient Way, or Box C, Rutherford, N. J.
P. 0. Box 1, Trenton, N. J., or Yardville Road, White Horse, N. J.
Kotler Building, Main and High Streets, Glassboro, N. J.
Frankford Arsenal, Frankford, Philadelphia, Pa.
Warehouse No. 4, General Depot, United States Army, New Cumberland, Pa.
Rooms 438 K and L, New Post Office Building, Pittsburgh, Pa.
Room 210, New Post Office Building, Dover, DA.
Room 306, Post Office Building, Calvert and Fayette Streets, Baltimore, 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, Conn.
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, Boston,
Deputy commissioner, Department of Agriculture, Durham, N. H.
Bureau of Plant Industry, Department of Agriculture, Trenton, N. J.
Bureau of Plant Industry, Department of Agriculture and Markets, Albany,
Bureau of Plant Industry, Department of Agriculture, Harrisburg, Pa.
Bureau of Entomology, Department of Agriculture, Statehouse, Providence,
Entomologist, Department of Agriculture, Montpelier, Vt.
Division of Plant Industry, Department of Agriculture and Immigration, Rich-
State entomologist, Department of Agriculture, Charleston, W. Va.
B.. GOVERNMENT PRINTING OFFICE 11931
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UNIVERSITY OF FLORIDA
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