1652 



INSPECTION 



INSPECTION 



under such rules and regulations as he shall prescribe, at which 

 hearing any interested party may appear and be heard, either in 

 person or' by attorney: Provided further. That the quarantine 

 provisions of this section, as applying to the white-pine blister 

 rust, potato wart, and the Mediterranean fruit fly, shall become 

 and be effective upon the passage of this act: Provided further, 

 That hereafter any class of nursery stock or of any other class of 

 plants, fruits, vegetables, roots, bulbs, seeds, or other plant prod- 

 ucts of which the importation may be forbidden from any country 

 or locality under the provisions of section seven of the Plant 

 Quarantine Act approved August twentieth, nineteen hundred 

 and twelve (Thirty-seventh Statutes, page three hundred and 

 fifteen), may be imported for experimental or scientific purposes 

 by the Department of Agriculture upon such conditions and under 

 such regulations as the said Secretary of Agriculture may prescribe. 

 SEC. 8. That the Secretary of Agriculture is authorized and 

 directed to quarantine any State, Territory, or District of the 

 United States, or any portion thereof, when he shall determine the 

 fact that a dangerous plant disease or insect infestation, new to 

 or not theretofore widely prevalent or distributed within and 

 throughout the United States, exists in such State or Territory or 

 District; and the Secretary of Agriculture is directed to give notice 

 of the establishment of such quarantine to common carriers doing 

 business in or through such quarantined area, and shall publish 

 in such newspapers in the quarantined area as he shall select notice 

 of the establishment of quarantine. That no person shall ship or 

 offer for shipment to any common carrier, nor shall any common 

 carrier receive for transportation or transport, nor shall any person 

 carry or transport from any quarantined State or Territory or Dis- 

 trict of the United States, or from any quarantined portion thereof, 

 into or through any other State or Territory or District, any class 

 of nursery stock or any other class of plants, fruits, vegetables, 

 roots, bulbs, seeds, or other plant products specified in the notice 

 of quarantine except as hereinafter provided. That it shall be 

 unlawful to move or allow to be moved any class of nursery stock 

 or any other class of plants, fruits, vegetables, roots, bulbs, seeds, 

 or other plant products specified in the notice of quarantine here- 

 inbefore provided, and regardless of the use for which the same is 

 intended, from any quarantined State or Territory or District of 

 the United States, or quarantined portion thereof, into or through 

 any other State of Territory or District, in manner or method or 

 under conditions other than those prescribed by the Secretary of 

 Agriculture. That it shall be the duty of the Secretary of Agri- 

 culture to make and promulgate rules and regulations which shall 

 permit and govern the inspection, disinfection, certification, and 

 method and manner of delivery and shipment of the class of nur- 

 sery stock or of any other class of plants, fruits, vegetables, roots, 

 bulbs, seeds, or other plant products specified in the notice of quar- 

 antine hereinbefore provided, and regardless of the use for which 

 the same is intended, from a quarantined State or Territory or 

 District of the United States, or quarantined portion thereof, into 

 or through any other State or Territory or District; and the Secre- 

 tary of Agriculture shall give notice of such rules and regulations 

 as hereinbefore provided in this section for the notice of the estab- 

 lishment of quarantine: Provided, That before the Secretary of 

 Agriculture shall promulgate his determination that it is necessary 

 to quarantine any State, Territory, or District of the United States, 

 or portion thereof, under the authority given in this section, he 

 shall, after due notice to interested parties, give a public hearing 

 under such rules and regulations as he shall prescribe, at which 

 hearing any interested party may appear and be heard, either in 

 person or by attorney. 



SEC. 9. That the Secretary of Agriculture shall make and 

 promulgate such rules and regulations as may be necessary for 

 carrying out the purposes of this act. 



SEC. 10. That any person who shall violate any of the provis- 

 ions of this act, or who shall forge, counterfeit, alter, deface, or 

 destroy any certificate provided for in this act or in the regula- 

 tions of the Secretary of Agriculture, shall be deemed guilty of a 

 misdemeanor and shall, upon conviction thereof, be punished by a 

 fine not exceeding $500 or by imprisonment not exceeding one year, 

 or both such fine and imprisonment, in the discretion of the court: 

 Provided, That no common carrier shall be deemed to have violated 

 the provisions of any of the foregoing sections of this act on proof 

 that such carrier did not knowingly receive for transportation or 

 transport nursery stock or other plants or plant products as such 

 from one State, Territory, or District of the United States into or 

 through any other State, Territory, or District; and it shall be the 

 duty of the United States attorneys diligently to prosecute any 

 violations of this act which are brought to their attention by the 

 Secretary of Agriculture or which come to their notice by other 

 means. 



SEC. 11. That the word "person" as used in this act shall be 

 construed to import both the plural and the singular, as the case 

 demands, and shall include corporations, companies, societies, 

 and associations. When construing and enforcing the provisions 

 of this act, the act, omission, or failure of any officer, agent, or 

 other person acting for or employed by any corporation, company, 

 society, or association, within the scope of his employment or 

 office, shall in every case be also deemed to be the act, omission, or 

 failure of such corporation, company, society, or association as 

 well as that of the person. 



SEC. 12. That for the purpose of carrying out the provisions 

 of this act there shall be appointed by the Secretary of Agricul- 

 ture from existing bureaus and offices in the Department of Agri- 

 culture, including the Bureau of Entomology, the Bureau of 

 Plant Industry, and the Forest Service, a Federal Horticultural 

 Board consisting of five members, of whom not more than two 

 shall be appointed from any one bureau or office, and who shall 

 serve without additional compensation. 



SEC. 13. That there is hereby appropriated, out of the moneys 

 in the Treasury not otherwise appropriated, to be expended as the 



Secretary of Agriculture may direct, for the purposes and objects 

 of this act. the sum of $25,000. 



SEC. 14. That this act shall become and be effective from and 

 after the first day of October, nineteen hundred and twelve, 

 except as herein otherwise provided. 



THE NEW YORK LAW TO REGULATE THE SALE OF FRUIT- 

 BEARING TREES (April 15, 1914). 



Section 1. The title of article eleven of chapter nine of the 

 laws of nineteen hundred and nine, entitled "An act in relation 

 to agriculture, constituting chapter one of the consolidated laws," 

 is hereby amended to read as follows: 



Apples; pears; peaches; quinces; fruit-bearing trees. 



2. Such chapter is hereby amended by adding at the end of 

 article eleven three new sections to be sections two hundred and 

 sixty-three, two hundred and sixty-four and two hundred and 

 sixty-five, to read, respectively, as follows: 



263. Safe of fruit-bearing trees. Every person, firm or cor- 

 poration selling fruit-bearing trees shipped from any point in the 

 state of New York must have attached to each car, box, bale or 

 package a copy of a certificate of inspection issued by the state 

 department of agriculture and signed by the commissioner of agri- 

 culture, valid to the first day of September next following the 

 date of issuance thereof. There shall also be attached to each 

 bundle or package of such fruit-bearing trees a label specifying 

 the name of variety of trees contained therein. In case such 

 bundle or package shall contain trees of different kinds or vari- 

 eties there must be attached to each tree therein a like label. 



264. Damages accruing from sale of trees. Nothing con- 

 tained in section two hundred and sixty-three or any other section 

 of this chapter shall be construed to deprive a purchaser of any 

 fruit-bearing tree of his remedy at law in a civil action to recover 

 damages sustained by reason of such trees proving untrue to name 

 as specified on the label. Such damages may be recovered in a 

 civil action by the purchaser of such fruit-bearing trees or by his 

 personal representative or assignee at any time prior to the third 

 bearing year, provided the purchaser notifies the seller as soon as 

 he has reason to believe that such trees are not true to name. In 

 any action to recover damages suffered by the purchaser by reason 

 of any fruit tree or trees not being of the name or variety under 

 which they were tagged and sold, the seller shall have the burden 

 of proof in establishing that any contract not in writing or any pro- 

 vision of any such contract exempting the seller from liability or 

 limiting his liability was fully understood and agreed to by the pur- 

 chaser. In every case of a sale of fruit-bearing trees in lots of 

 twenty-five or more, when by written contract, the seller must at 

 once furnish the purchaser a copy of such contract upon the face of 

 which shall be plainly printed the following: "In any action to 

 recover damages suffered by the purchaser by reason of any fruit 

 tree or trees not being of the name or variety under which they 

 were tagged and sold, the seller shall have the burden of proof in 

 establishing that any contract not in writing or any provision 

 of any such contract exempting the seller from liability or limit- 

 ing his liability was fully understood and agreed to by the pur- 

 chaser." The seller must also accompany the shipment of such 

 trees with an itemized list of the same, which lists shall also give 

 the name of the county and state where the trees covered by it 

 were grown, the age of the trees, and the name and address of 

 the person for whom the trees were grown, if requested by letter 

 or in writing on the contract by the purchaser at the time of pur- 

 chase. Within five days after the receipt by the purchaser of the 

 trees and the list thereof the purchaser shall compare and notify 

 the seller of any discrepancy between the list and the labels on 

 such trees. 



265. Agent to carry certificate of authority. Any person, 

 firm or corporation acting as agent for another in the sale of fruit- 

 bearing trees in this state shall carry with him, at all times when 

 engaged in selling trees, a certificate in writing signed by his prin- 

 cipal and properly acknowledged, showing his authority to act as 

 such agent and upon request shall exhibit the same to the pur- 

 chaser and shall leave with the purchaser a copy of the contract 

 bearing on its face the clause referred to in section two hundred and 

 sixty-four. 



3. This act shall take effect September first, nineteen hun- 

 dred and fourteen. 



THE HORTICULTURAL QUARANTINE LAW OF CALIFORNIA. 



AN ACT to provide for the protection of horticulture and to pre- 

 vent the introduction into this state of insects or diseases, or 

 animals, injurious to fruit or fruit trees, vines, bushes or 

 vegetables, providing for a quarantine for the enforcement 

 of this act, making a violation of the terms of the act a mis- 

 demeanor, and providing the penalty therefor; providing 

 that said act shall be an urgency measure and go into effect 

 immediately, and repealing that certain act entitled "An act 

 for the protection of horticulture and to prevent the intro- 

 duction 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. 



The people of the State of California do enact as follows: 

 SECTION 1. Any person, persons, firm or corporation who shall 

 receive, bring or cause to be brought into the State of California, 

 any nursery stock, trees, shrubs, plants, vines, cuttings, grafts, 

 scions, buds or fruit pits, or fruit or vegetables, or seed, shall 

 immediately after the arrival thereof notify the state commissioner 

 of horticulture, or deputy quarantine officer, or quarantine guardian 



