INSPECTION 



INSPECTION 



1653 



of the distrct or county in which such nursery stock, or fruit or 

 vegetables or seed are received, of their arrival, and hold the same 

 without unnecessarily moving the same, or placing such articles 

 where they may be harmful, for the immediate inspection of such 

 state commissioner of horticulture, or deputy quarantine officer 

 or guardian. If there is no quarantine guardian or state horti- 

 cultural quarantine officer in the county where such nursery stock 

 or fruit or vegetable, or seed is received, it shall then be the duty 

 of such person, persons, firm or corporation to notify the state 

 commissioner of horticulture, who shall make immediate arrange- 

 ments for their inspection. The state commissioner of horticulture, 

 deputy quarantine officer, quarantine guardian or such person or 

 persons as shall be commissioned by the state commissioner of 

 horticulture to make such inspection, or to represent said com- 

 missioner, is hereby authorized and empowered to enter at any time 

 into any car, warehouse, depot or upon any ship within the bound- 

 aries of the State of California whether in the stream or at the 

 dock, wharf, mole, or any other place where such nursery stock or 

 fruit or vegetables or seed or other described articles are received 

 or in which such nursery stock or fruit or vegetables or seed is 

 imported into the state, lor the purpose of making the investiga- 

 tion or examination to ascertain whether such nursery stock, trees, 

 shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit, 

 vegetables or seed is infested with any species of injurious insects, 

 or their eggs, larva or pup or other animal or plant disease. 



If after such examination or inspection, any of the said described 

 articles are found to be so infested or infected as aforesaid, then it 

 shall be the duty of the owner, owners, or persons, firm or corpora- 

 tion having charge or possession thereof to so disinfect at his or 

 their expense such portion or portions of the ship, dock, wharf, 

 mole, car, warehouse or depot where said articles may have been 

 located in such a manner as to destroy all infection or infestation 

 present or that is liable to be present, and all articles or packages or 

 soils apt to be so infested or infected shall be held until the said 

 articles or packages or soils have been thoroughly disinfected and 

 all injurious insects, or their eggs, larvae or pupae or other animal 

 or plant disease have been eradicated ana destroyed; provided, 

 however, that all articles of nursery stock, trees, shrubs, plants, 

 vines, cuttings, grafts, scions, buds, fruit pits, fruits, vegetables or 

 seed which are infested or infected with such species of injurious 

 insects or their eggs, larvae or pupae or other animal or plant dis- 

 ease which may be or be liable to be injurious to the orchards, vine- 

 yards, gardens or farms within said state, shall be destroyed or 

 reshipped out of the state as hereinafter provided. The said officer 

 so making such inspection shall not permit any of the described 

 articles so coming in contact with said infested or infected articles 

 or any articles which might convey infection or infestation to be 

 removed or taken from any such car, warehouse, depot, ship, dock, 

 wharf or any other place until after such infection or infestation 

 shall have been destroyed. 



SEC. 2. Each carload, case, box, package, crate, bale or bundle 

 of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit 

 pits, or fruit or vegetables or seed, imported or brought into this 

 state, shall have plainly and legibly marked thereon in a conspicu- 

 ous manner and place the name and address of the shipper, owner, 

 or owners or person forwarding or shipping the same, and also the 

 name of the person, firm or corporation to whom the same is 

 forwarded or snipped, or his or its responsible agents, also the name 

 of the country, state or territory where the contents were grown 

 and a statement of the contents therein. 



SEC. 3. When any shipment of nursery stock, trees, vines, 

 plants, shrubs, cuttings, grafts, scions, buds, fruit pits or seed or 

 vegetables or fruit, imported or brought into this state, is found 

 infested or infected with any species of injurious insects, or their 

 eggs, larvae or pupae or other animal or plant disease or there is 

 reasonable cause to presume that they may be so infested or 

 infected, which would cause damage, or be liable to cause damage, 

 to the orchards, vineyards, gardens or farms of the State of Cali- 

 fornia, 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 such shipment shall be imme- 

 diately destroyed by the state commissioner of horticulture, his 

 deputy quarantine officer, quarantine guardians or other person 

 or persons, who shall be commissioned by the state commissioner 

 of horticulture to make such inspection; provided, however, that if 

 the nature of the injurious insects, or their eggs, larvae, pupae or 

 animal or plant disease be such that no damage or detriment can 

 be caused to the said orchards, vineyards, gardens or farms of 

 California or any of the same by the shipment of the same out of 

 the state, then the said state commissioner of horticulture, his 

 deputy quarantine officer, quarantine guardians or other person 

 or persons who shall be commissioned by the state commissioner 

 of horticulture to make such inspection, and who shall make such 

 inspection, shall notify the owner or person, firm or corporation 

 having possession or control of said articles to ship the same out 

 of the state within forty-eight hours after such notification, and it 

 shall be the duty of such owner or owners, or person, firm or cor- 

 poration, to so ship said articles, but such shipment shall be under 

 the sole direction and control of the officer so making the inspec- 

 tion and shall be at the expense of the owner or owners, his or their 

 agent or agents, and for a failure to comply with such 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 accord- 

 ingly 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 pupse 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 vege- 

 table 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 Trypetidx from any country, state or district where such 

 species of Trypetidx is known to exist and any such fruit, vegetable, 

 or host plant, together with the container and packing, shall be 

 refused entry 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, nec- 

 tarine, 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 ani- 

 mals known as English or Australian wild rabbit, flying fox, 

 mongoose or any other animal or animals detrimental to horti- 

 cultural 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 agri- 

 culture 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. 11. This act, being an urgency measure as above set forth, 

 shall take effect and be in full force immediately from and after 

 its passage. 



EXTRACTS FROM THE SANDERS BILL (see page 1650). 



2. There is hereby created a board which shall be known as 

 the "Horticultural Inspection Board" of (State), hereinafter called 

 the Board, consisting of three (five) members, two (four) members 

 of which shall be ex-officio members. The third (fifth) member 

 shall be appointed by the Governor for a term of four years. 

 Such third (fifth) member shall be a nursery man actively engaged 

 in the growing of nursery stock. The members of said board shall 

 serve without compensation, but shall receive their actual and 

 necessary traveling expenses incurred in the discharge of their offi- 

 cial duties within the provisions of (this act) (sections to 



, inclusive). This board is hereby vested with all powers 



necessary to carry out the provisions of (this act) (sections 



to , inclusive.) 



Appointment. 



3. The Board shall appoint some person qualified by scientific 

 training and practical experience to be state nursery (and orchard) 

 inspector, hereinafter called the inspector, who shall strictly enf9rce 



the provisions of (this act) (sections to , inclusive) 



as a police regulation of the (state) (commonwealth) under the 

 direction and control of the Board. 



Appointment of deputies. 



5. The Board is hereby authorized to appoint on the recom- 

 mendation of the inspector (deputies) (county horticultural 

 inspectors) (district horticultural inspectors) who shall strictly 

 enforce the provisions of (this act) (sections to , 



