BOARD OF HORTICULTURE 77 



U. S. DEPARTMENT OF AGRICULTURE 



FEDERAL HORTICULTURAL, BOARD 



C. L. Marlatt, Chairman ; W. A. Orton, Geo. B. Sudworth, W. D. Hunter, Karl F. 

 Kellerman ; R. C. Althouse, Assistant to the Chairman 



RULES AND REGüLATIONS GOM^RMNG (1) ENTRY FOR IM3IEDIATE 

 EXPORT, (3) ENTRY FOR IMMEDIATE TRANSPORTATION AND EX- 

 PORTATION IN BOND, AND (3) SAFEGUARDING THE ARRIVAL AT 

 A PORT WHERE ENTRY OR LANDING IS NOT INTENDED OF PRO- 

 HIBITED PLANTS AND PLANT PRODUCTS. 



(Effective on and after August 1, 1920) 



LETTER OF TRANSMITTAL 



United States Department of Agriculture, 



Federal Horticulture Board, 

 Hon. E. T. Meredith, Washington, D. C, July 1, 1920. 



Secretary of Agriculture. 



Sir: Tlie Federal Horticultural Board respectfully submits herewitli rules 

 and regulations governing (1) entry for immediate export, (2) entry for imme- 

 diate transportation and exportation in bond, and (3) safeguarding the arrival 

 at a port where entry or landing is not intended of prohibited plants and plant 

 products. 



These rules and regulations are a revision of and supersede the rules and 

 regulations governing the entry for immediate export of prohibited plants and 

 plant products promulgated October 20, 1917, effective December 1, 1917. 



The purpose of Section 7 of the Plant Quarantine Act of August 20, 1912 

 (37 Stat., 315), is to provide authority under which insects and diseases injurious 

 to plants may be excluded from the United States. This section provides that 

 "no person shall Import or offer for entry into the United States" any class of 

 plants or plant products the importation of which has been prohibited by the 

 Secretary of Agriculture, "regardless of the use for which the same is intended." 

 In view of the expressed purpose of this section, as well as the language em- 

 ployed, it is evident that the unloading or landing at any port of the United 

 States for transshipment and immediate export of prohibited plants or plant 

 products constitutes an importation within the meaning and intent of this section, 

 and renders subject to prosecution any person so doing. Furthermore, the 

 bringing of prohibited plants or plant products to a port of the United States or 

 into the territorial waters of the United States, whether the same are offered 

 for entry or not, constitutes a violation of the act, even if no actual unloading 

 or landing is made. 



The purpose of these regulations is to modify the quarantine Orders as to 

 plants and plant products now excluded, or which may hereafter be excluded by 

 quarantine, so as to make Provision, where such action can be taken without risk 

 to the plant cultures of this country, for the entry of such plants or plant 

 products either for immediate export or for immediate transportation and ex- 

 portation in bond to meet the occasional exigencies of commerce. The purpose is 

 to provide for such entry and transshipment only at such ports and under such 

 conditions of unloading and transfer of cargoes or transportation in bond as 

 shall conserve the interests of the United States. Furthermore, regulations 9 

 and 10 provide for the safeguarding of prohibited or restricted plants arriving 

 at a port or within the territorial waters of the United States where entry or 

 landing is not intended. 

 Respectfully, 



FEDERAL HORTICULTURAL BOARD, 



Approved : C. L. MARLATT, Chairman. 



R. W. WILLIAMS, Solicitor. 



