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B. B. P. Q.-Q. 38
Revision of Quarantine and Regulations.
Effective September 1, 1937.
United States Department of Agriculture
BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE
BLACK STEM RUST QUARANTINE
QUARANTINE NO. 38
.- A& important change in the following revision of the Black Stem Rust Quar-
atls is the addition of the States of Missouri, Pennsylvania, Virginia, and
Wet. Viginia to the list of States previously designated as protected.
S XtUader paragraph A of regulation 3, persons intending to move barberry or
sahamiaplants other than Berberis thunbergii or its rust-resistant varieties into
te protected States, shall make application to the Bureau of Entomology and
Wat Quarantine, Washington, D. C., not later than June 1 (Sept. 1 for this
calendar year). Applications covering shipment proposed to be made during
*th nedt fiscal year may be denied if inspection by the Department before the
* dsle of the active growing season cannot be arranged.
S Unless a permit has been issued by the United States Department of Agri-
e c.ult re, these regulations as now revised prohibit the movement of Berberis or
t:ggOW tvhia plants, except Berberis thunbergii and its rust-resistant varieties, into
1 O.a between the States of Colorado, Illinois, Indiana, Iowa, Michigan, Minnesota,
-WIisori, Montana. Nebraska, North Dakota, Ohio, Pennsylvania, South Dakota,
Virginia, West Virginia, Wisconsin, and Wyoming. For further details see
ersowm intending to move Berberis or Mahonia plants (except Berberis thun-
"e .or any of its rust-resistant varieties) shall make application for a permit
f he1Bureau of Entomology and Plant Quarantine, Washington, D. C. See
g tfon 3 for further details.
;, ^^hormation relative to cancelation of permits, marking requirements, in-
eieti:: on of restricted articles in transit, and shipments by the United States
i e artment of Agriculture are given in regulations 4 to 7 inclusive.
I h,,f LEE A. STRONG,
.:. Chief, Bureau of Entomology and Plant Quarantine.
i i.','.l" 'iit' ii;
I NOTICE OF QUARANTINE NO. 38 (REVISED)
S.(Approved Aug. 4, 1937; effective Sept. 1, 1937)
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S. WilsonActing Secretary of Agriculture, have determined that, in or-
,,%!iiplliilentli' P. the spread of a dangerous plant disease known as the black stem
rsl!'i'.( grraminis), not heretofore widely prevalent or distributed within
l1hrolhout the United States and largely brought under control through
L ...i.lion of various susceptible varieties and species of Berberis and
V *lntihe States of Coloraao, Illinois, Indiana, Iowa, Michigan, Minne-
iLW0 Montana, Nebraska, North Dakota, Ohio, Pennsylvania, South
tgfda, West Virginia, Wisconsin, and Wyoming, it is necessary to
.... .States of the continental United States and the District of
I' to prevent the interstate spread of said disease into and
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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 March 4,
1917 (39 Stat. 1134, 1165), and having duly given the public hearing required A:
thereby, I do quarantine each and every State of the continental United States
and the District of Columbia, effective on and after September 1, 1937. Here-
after, under the authority of said act of August 20, 1912, amended as aforesaid,
no plants of common barberry or other species of Berberis or Mahonia, or parts
thereof capable of propagation, shall be shipped, offered for shipment to a .
common carrier, received for transportation or transported by a common car-
rier, or carried, transported, moved, or allowed to be moved from any of said A
quarantined States or District into any of the protected States, namely, Colo-
rado, Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Montana, Nebraska, '
North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, West Virginia,
Wisconsin, and Wyoming, nor from any one of said protected States into any i
other protected State, in manner or method or under conditions other than :
those prescribed in the rules and regulations hereinafter made and in amend- M.
@ Done at the city of Washington this 4th day of August 1937.
Witness my hand and the seal of the United States Depart-
ment of Agriculture.
M. L. WILSON,
Acting Secretary of Agricultutre.
REVISED RULES AND REGULATIONS SUPPLEMENTAL TO NOTICE OF
QUARANTINE NO. 38
(Approved Aug. 4, 1937; effective Sept. 1, 1937) ::
Regulation 1. Definitions
For the purpose of these regulations the following words, names, and terms :
shall be construed, respectively, to mean:
(a) Black stem rnst.-The disease known as the black stem rust of grains
(Puiccinia graminis) in any stage of development.
(b) Berberis.-Any plants, cuttings, stocks, scions, buds, fruits, seeds, or :
parts of plants of any species, variety, or hybrid of the genus Berberis, capable
of propagation; commonly known as barberries. .
(c) Mahonia.-Any plants, cuttings, stocks, scions, buds, fruits, seeds, or .
parts of plants of any species, variety, or hybrid of the genera Mahonia (Odos-
temon) or Mahoberberis, capable of propagation; commonly known as ma-
honias, hollygrapes, holly barberries, or Oregon grapes. ;|
(d) Inspector.-An inspector of the United States Department of Agricul- r1:
(e) 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 District of the continental United States into any other State or District.
Regulation 2. Restrictions on the Movement of Berberis and Mahonia ...%
(a) No Berberis or Mahonia shall be moved or allowed to be moved interstate
from any State of the continental United States or from the District of Colum- '
bia into any of the protected States, namely, Colorado, Illinois, Indiana, Iowa, ::
Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, Penn- '
sylvania, South Dakota, Virginia, West Virginia, Wisconsin, and Wyoming, nor
from any one of said protected States into any other protected State, ttiless a
permit shall have been issued therefore by the United States Departm1ent of
Agriculture, except that no restrictions are placed by these regulations oni the
interstate movement either of TJapanese barberry (Berberis thunbergflt)' or any
of its rust-resistant varieties, or of cuttings (without roots) of Mahonia shipped "
for decorative purposes and not for propagation.
(b) No Berberis or Mahonia of species, varieties, or hybrids sufficiently sus-
ceptible to infection by black stem rust, in the Judgment of the Department, to
involve danger of spread of the rust shall be moved or allowed to be muved
interstate into any of the said protected States, and no permit will be issued
authorizing such movement.
(o) No restrictions are placed by these regulations on the interstate move-
ment of Berberis or Mahonia consigned to destinations located outside the 17
protected States named herein.
Regulation 3. Conditions Governing the Issuance of Permits
(a) Applications.-Persons intending to move or allow to be moved intrstate
into any of the protected States any of the articles the movement of which is
restricted under regulation 2, shall make application to the Bureau of Ento-
mology and Plant Quarantine, Washington, D. C., for permit as far as possible
in advance of the probable date of shipment. Applications received after
June 1 covering shipments proposed to be made during the following fiscal
year may be denied if inspection by the Department before the close of the
active growing season cannot be arranged. Applicants will be required to
agree that no Berberis or Mahonia susceptible to infection by black stem rust
will be grown in any nursery or nurseries owned or controlled by the applicant
or will be distributed by him. The application shall show a complete list of
: all Berberis and Mahonia grown by the applicant or proposed to be distributed
Sby him, and the number of plants of each species or variety so grown or to be
(b) The Department may require such specimens or other evidence as to the
identity of the species, varieties, and hybrids grown and may make such inspec-
tion as may be necessary to determine such identity Permits will be issued
as to only such species as have proven to the satisfaction of the Department
not sufficiently susceptible to infection by black stem rust to involve danger of
spread of the rust.
(o) Permits will not be issued for the interstate movement to destinations
- within the States named in regulation 2 of Berberis vulgaris or any of its
horticultural varieties or of any other species, hybrids, or varieties of Berberis
or Mahonia sufficiently susceptible to infection by black stem rust, in the
judgment of the Department, to involve danger of spread of the rust.
Regulation 4. Cancelation of Permits
Permits issued under these regulations may be withdrawn or canceled by
the inspector and further permits refused, either for any failure of com-
pliance with the conditions of these regulations or violation of them, or when-
Sever in the judgment of the inspector the further use of such permits might
Result in the dissemination of Berberis and aohonia susceptible to infection
by black stem rust.
Regulation 5. Marking Requirements
i Every box, bale, or other container of restricted articles of which inspection
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 bear, securely attached to the outside thereof, a valid permit issued by
an inspector in compliance with these regulations.
In the case of carload and other bulk shipments, a valid permit shall ac-
company the waybills, conductors' manifests, memoranda, or bills of lading per-
taining to such shipments: or in the case of truck or other road vehicle the
permit shall accompany the vehicle.
Regulation 6. Inspection of Restricted Articles in Transit
S Any car, vehicle, basket, box, or other container moved or offered to a
.common carrier for shipment interstate which contains or which the in-
spector has probable cause to believe contains articles the movement of which
Sis'prohibited or restricted by these regulations shall be subject to inspection
by an inspector at any time or place.
SSept. 1 in the case of the calendar year 1937.
UNIVERSITY OF FLORIDA
3 1262 08721 5710
Regulation 7. Shipments by the United States Department of 4 "1"'
Articles subject to restriction in these regulations may be moved im::
by the United States Department of Agriculture for experimental or
purposes, on such conditions and under such safeguards as my be
by the Bureau of Entomology and Plant Quarantine. The container t:::.
so moved shall bear, securely attached to the outside thereof, an
tag from the Bureau of Entomology and Plant Quarantine showing
with such conditions. .......
These revised rules and regulations shall be effective on and after.
1, 1937, and shall on that date supersede the rules and regulations. tl
June 24, 1931, as amended, effective February 20, 1935. ,i
Done at the city of Washington this 4th day of Au Jiuf^.
ment9 Witness my hand and the seal of the United Stan.s'iia.
ment of Agriculture. ....'..I.: ..
AM.ting Secretary ofL.
Acting Secretary ojf
r .. .. ...
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* ,. *! iX, .
The Plant Quarantine Act of August 20, 1912 (37 Stat. 315), roy
no person shall ship or offer for shipment to any common carrier, ni:o:r
common carrier receive for transportation or transport, nor
carry or transport from any quarantined State or Territory oil.
the United States, or from any quarantined portion thereof, inI|..
any other State or Territory or District, any class of nursery"I
other class of plants, fruits, vegetables, roots, bulbs, seeds, I' i4
other article specified in the notice of quarantine *'*'S
ner or method or under conditions other than those prescribed'!L
tary of Agriculture. It also provides that any person who sbit&flM
of the provisions of this act, or who shall forge, counterfeit, alter,
destroy any certificate provided for in this act or in the reglatii
Secretary of Agriculture, shall be deemed guilty of a misdemeanor a
upon conviction thereof, be punished by a fine not exceeding $80
prisonment not exceeding 1 year, or both such fine and imprisoai#l
discretion of the court. H i"
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