Horticultural Laws. 131 



ings whenever an emergency may require it. He shall make an annual 

 report to the appointinji: board of the general condition of the fruit in- 

 terests in tlio State and siiecoss of tlie (Commissioners in the work of exter- 

 minating pests and executing the law. 



Section 15. Inasmuch as the provisions of this act are of immediate 

 importance to the horticultural interests of this State, this law shall take 

 effect from and after its approval by the Governor. 



Approved February 17. 1899. 



An act to protect the fruit and hop industry of Oregon. 



Be it enacted by the Legislative Assembly of the State of Oregon: 



Section 1. It shall hereafter be unlawful for any person, firm, or cor- 

 poration, owning or operating any nursery, fruit orchard of any kind, hop 

 yards, flower gardens, or ornamental trees, to throw any cuttings or prun- 

 ings from any fruit trees, nursery stock, ornamental trees, or hop vines 

 into any public road, highway, lane, field, or other inclosure, or into any 

 water course of any kind; but shall destroy such cuttings or prunings with 

 fire within thirty days from the time such cuttings or prunings are made. 



Section 2. It shall hereafter be the duty of any person, firm, or cor- 

 ])oration owning or operating any such nurserj', fruit orchard, hop yard, 

 flower garden, or ornamental trees, and knowing such to be infected with 

 any kind of insects, pests, or disease, to immediately spray or destroy the 

 same in such manner as the fruit commissioner for his district may direct. 



Section 3. It shall be unlawful for any jierson, firm, or corporation 

 doing business in the State of Oregon to sell paris green, arsenic, london 

 purple, sulphur, or any spray material or compound for spraying purposes 

 in quantities exceeding one pound without providing with each package 

 sold a certificate, duly signed by the seller thereof, guaranteeing the 

 quality and per cent of purity of said materials. 



Section 4. Any person, firm, or corporation selling any of the above 

 materials which do not conform with the certificate furnished therewith, 

 shall be deemed guilty of a misdemeanor, and upon conviction thereof 

 shall be subject to a fine of not less than twenty-five ($25) dollars nor 

 more than one hundred ($100) dollars. 



Section 5. It shall be unlawful for any person, firm or corporation to 

 inijiort or sell any infected or diseased fruit of any kind in the State of 

 Oregon. 



Section 6. Every person who packs or prepares for shipment to any 

 point without the State, or who delivers or causes to be delivered to any 

 express agent, or railroad agent, or other person, or to any transportation 

 company or corporation for shipment to any point without the State, any 

 fruit or fruits, either fresh, cured or dried, that is infected with insects, 

 pests or diseases injurious to trees, shrubs, plants, fruits or vegetables, 

 is guilty of a misdemeanor. 



Section 7. Any person, firm or corporation violating any of the pro- 

 visions of this act shall be deemed guilty of a misdemeanor, and, upon 

 conviction thereof, shall be punished by a fine of not less than twenty-five 

 ($25) dollars nor more than one hundred ($100) dollars. 



Section S. It shall be the duty of the commissioner of the State Board 

 of Horticulture of the district in which a violation of this act occurs to 

 present the evidence of the case to the district attorney, whose duty it 

 shall be to prosecute any person guilty of a violation of this act, which 

 prosecution may bo brought in any of the justice courts of this State. 



Section 9. Inasmuch as the horticultural interests of this State demand 

 immediate attention, this act shall be in full force and effect from and 

 after its approval by the Governor. 



Approved by the Governor. 



