344 THE MONTHLY BULLETIN. 



of the same out of the State, then the said State Commissioner of Horticultui-e, 

 his deputy quarantine officer, quarantine guardians or otlier person or persons wlio 

 sliall be commissioned by tlie State Commissioner of Horticulture to malce such 

 inspection, and wlio sliall make such inspection, shall notify the owner or person, 

 firm or corporation having possession or control of said articles to sliip the same 

 out of the State witliin forty-eight hours after such notification, and it shall be 

 the duty of such owner or owners, or person, firm or corporation, to so ship said 

 articles, but such shipment sliall be under the sole direction and control of the 

 officer so making the inspection and shall be at the expense of the owner or owners, 

 his or their agent or agents, and for a failure to comply with sucli notice such owner 

 or owners, his or their agent or agents shall be deemed guilty of a violation of 

 the terms of this act and be punished accordingly and immediately after the 

 expiration of the time specified in said notice said articles shall be seized and 

 destroyed by said officer at the expense of the said owner or owners, his or their 

 agent or agents. 



Sec. 4. When any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, 

 grafts, scions, fruit, fruit pits, vegetables or seed, or any other horticultural or 

 agricultural product passing through any portion of the State of California in 

 transit, is infested or infected with any species of injurious insects, their eggs, 

 larvae or pupae or animal or plant disease, which would cause damage, or be liable 

 to cause damage to the orchards, vineyards, gardens or farms of the State of 

 California, or which would be, or be liable to be, detrimental thereto or to any 

 portion of said State, or to any of the orchards, vineyards, gardens or farms within 

 said State, and there exists danger of dissemination of such insects or disease while 

 such shipment is in transit in the State of California, then such shipment shall be 

 placed within sealed containers, composed of metallic or other material, so that the 

 same can not be broken or opened, or be liable to be broken, or opened, so as to 

 permit any of the said shipment, insects, their eggs, larvae or pupae or animal or 

 plant disease to escape from such sealed containers and the said containers shall 

 not be opened while within the State of California. 



Sec. .5. No person, persons, firm or corporation shall bring or cause to be brought 

 into the State of California any fruit or vegetable or host plant which is now known 

 to be, or hereafter may become a host plant or host fruit of any species of the fruit 

 fly family Trypetidw from any country, state or district where such species of 

 Trypetidxe is known to exist and any such fruit, vegetable, or host plant, together 

 with the container and packing, shall be refused enti-y and shall be immediately 

 destroyed at the expense of the owner, owners or agents. 



Sec. 6. No person, persons, firm or corporation shall bring or cause to be brought 

 into the State of California any peach, nectarine, or apricot tree or cuttings, grafts, 

 scions, buds or pits of such trees, or any trees budded or grafted upon peach stock 

 or roots that have been in a district where the disease known as "peach yellows" 

 or the contagious disease known as "contagious peach rosette" are known to exist, 

 and any such attempting to land or enter shall be refused entry and shall be 

 destroyed or returned to the point of shipment at the option of the owner, owners 

 or agent, and at his or their expense. 



Sec. 7. No person, persons, firm or corporation shall bring or cause to be brought 

 into the State of California any injurious animals known as English or Australian 

 wild rabbit, flying fox, mongoose or any other animal or animals detriemntal to 

 horticultural or agricultural interests. 



Sec. 8. Any person, persons, firm or corporation violating any of the provisions 

 of this act shall be guilty of a misdemeanor and shall be punished by imprisonment 

 in the county jail for a period not exceeding six months, or by a fine not exceeding 

 five hundred dollars, or by both such fine and imprisonment. 



Sec. 9. It is hereby determined and declared that this act and each and all of 

 the provisions thereof, constitute and is an urgency measure necessary for the 

 immediate preservation of the public safety and health. The facts constituting such 

 necessity are as follows : There now exists in various islands and territory in close 

 proximity to the State of California dangerous and injurious fruit and plant diseases 

 and insects and animals, and heretofore fruits, vegetables, plants, seeds and other 

 articles of horticulture and agricultm-e from said islands and territory have been 

 and now are being shipped and brought into the State of California, which are to 

 a large extent infested and infected with dangerous and injurious fruit and plant 

 diseases and insects, their eggs, larvae and pupae, and which if continued to be 

 brought into the State will cause great danger to the public health, and will greatly 

 damage the horticultural and agricultural interests of said State, and will also be 

 detrimental to the public health, and this act is necessary to provide ample power 

 to prevent the introduction of such insects and diseases and injurious animals into 

 the State and to prevent the spread of such disease, insects and animals. 



Sec. 10. That certain act entitled "An act for the protection of horticulture, 

 and to prevent the introduction into this State of insects, or diseases, or animals, 

 injurious to fruit or fruit trees, vines, bushes, or vegetables, and to provide for a 

 quarantine for the enforcement of this act," approved March 11, 1899, is hereby 

 repealed. 



Sec. 1 1. This act, being an urgency measure as above set forth, shall take effect 

 and be in full force immediately from and after its passage. 



