April, '22] FRACKER: LEGAL PEST CONTROL 169 



For preventing the introduction of outside insect pests and plant 

 diseases, every state except three, has one or more quarantine regulations. 

 In some cases statutory authority for the establishment of such measures 

 seems to be weak or wanting and in others must be construed from a 

 phrase which grants power to make regulations for the administration 

 of nursery inspection. But in 45 states such orders have at least been 

 "promulgated" by the powers that be. 



Retarding the dissemination of localized pests is a similar problem 

 for which more specific authority is usually granted. Nursery inspec- 

 tion regulations are in this class. One might mention here a favorite 

 phrase of the lawmakers of the gulf states contained in several statutes 

 of this group of commonwealths : "The department is authorized to make 

 such rules and regulations, and to do and perform such acts, as may be 

 needed to prevent the introduction and dissemination of insect pests 

 and plant diseases." 



To simimarize, our pest control statutes should provide: 



1. For the organization of a plant inspection and pest control 

 office or department. 



2. The usual administrative powers: access to premises, examination 

 of possibly infested material ; and enforcement of treatment or destruc- 

 tion when needed. 



3. Specific authority to regulate the introduction and transporta- 

 tion of material either infected, exposed to infection, or from infected 

 or infested areas within or without the state. 



4. Authority to prohibit the introduction, transportation or har- 

 boring of plants whose damage consists in their being the alternate 

 hosts of diseases already present, such as barberry bushes in grain 

 growing regions, and Ribes in the white pine forests. 



5. A form of organization for the local control of permanently 

 established pests thru local civil officers or special horticultural or agri- 

 cultural authorities, and the power to make local appropriations for 

 these purposes. Such action need not be made mandatory on local 

 officers unless it is demanded by their constituents, or in case their 

 neglect would result in loss to other localities. 



Mr. Biggar: By whom are those inspectors appointed? 



Mr. Fracker : The different states vary a great deal. It is becom- 

 ing rare, perhaps, to have a nursery inspector a direct appointee of the 

 governor. In many cases a Commissioner of Agriculture is appointed 

 by the governor, and the nursery inspector is appointed by him. 



Mr. Biggar: Is he appointed for a definite period? 



