INSPECTION 



INSPECTION 



1651 



The Destructive Insect and Pest Act of Canada 



(May 4, 1910). 



1. This Act may be cited as The Destradive Insect and Pest 

 Act. 



2. In this Act, unless the context otherwise requires, 'the Min- 

 ister' means "the Minister of Agriculture.' 



3. The Governor in Council may make such regulations as are 

 deemed expedient to prevent the introduction or admission into 

 Canada, or the spreading therein, of any insect, pest or disease 

 destructive to vegetation. 



4. Such regulations may provide, — 



{a) for the prohibition generally, or from any particular coun- 

 try or place, of the introduction or admission into Canada of any 

 vegetable or other matter likely to introduce any such insect, 

 pest or disease; 



(6) the terms or conditions upon, and the places at which any 

 such vegetable or other matter may be introduced or admitted into 

 Canada; 



(c) for the treatment and manner of treatment to be given to 

 any vegetation, vegetable matter or premises in order to prevent 

 the spreading of any such insect, pest or disease, and may prescribe 

 whether such treatment shall be given by the owner or by a person 

 appointed fur such purpose; 



[d) for the destruction of any crop, tree, bush or other vegeta- 

 tion or vegetable matter or containers thereof infested or suspected 

 to be infested with any such insect, pest or disease; 



ie) for the granting of compensation for any such crop, tree, 

 bush or other vegetation or containers thereof so destroyed, such 

 compensation not to exceed two-thirds of the value of the matter 

 destroyed and to be granted only by the Governor in Council upon 

 the recommendation of the Minister; 



{/) for the prohibition of the sale of any vegetable matter 

 infected with any such insect, pest or disease; 



{g) that the occupier of the premises on which is discovered 

 any such insect, pest or disease shall forthwith notify the Minister 

 and shall also send specimens of such insect, pest or disease; 



(/( I for the confiscation of any vegetable matter and the con- 

 tainer thereof, if any, in respect of which a breach of this Act, or 

 any regulation made thereunder, is committed, and generally for 

 any other purpose which may be deemed expedient for carrying out 

 this Act, whether such other regulations are of the kind enumerated 

 in this section or not. 



5. The Minister may appoint inspectors and other officers for 

 carrying out this Act and the regulations made thereimder. 



(2) Such appointments, if not confirmed by the Governor in 

 Coxmcil within thirty days of the date thereof, shall lapse and cease 

 to be valid. 



6. Any inspector or other officer so appointed may enter any 

 place or premises in which he has reason to believe there exists any 

 such insect, pest or disease, and may take specimens thereof and 

 also of any vegetable matter infested or suspected of being infested 

 therewith. 



7. The Minister, upon the report of any inspector setting forth 

 a reasonable belief of the existence of any such insect, pest or 

 disease in any area defined in such report, may prohibit the removal 

 from such area or the movement therein of any vegetation, vege- 

 table or other matter which, in his opinion, is Ukely to result in the 

 spread of such insect, pest or disease. 



8. Every person who contravenes any provision of this Act, or 

 any regulation made thereunder, shall be liable, upon summary 

 conviction, to a fine not exceeding one hundred dollars, or to impris- 

 onment for a term not exceeding six months, or to both fine and 

 imprisonment. Any vegetable or other matter imported or brought 

 into Canada contrary to this Act, or to any regulation made there- 

 under, shall be forfeited to the Crown. 



9. Every order in council and regulation made under this Act 

 shall be published in "The Canada Gazette," and shall be laid, by the 

 Minister, before Parliament within fifteen days after the commence- 

 ment of the then next session. 



The United States Plant Quarantine. 



AN ACT To regulate the importation of nursery stock and other 

 plants and plant products; to enable the Secretary of Agri- 

 culture to establish and maintain quarantine districts for 

 plant diseases and insect pests; to permit and regulate the 

 movement of fruits, plants, and vegetables therefrom, and 

 for other purposes. 

 Be it enacted by the Senate and House of Representatives of the 

 United States of America in Congress assembled. That it shall be 

 unlawful for any person to import or offer for entry into the United 

 States any nursery stock unless and until a permit shall have 

 been issued therefor by the Secretary of Agriculture, under such 

 conditions and regulations as the said Secretary of Agriculture 

 may prescribe, and unless such mn-sery stock shall be acconi- 

 paniea by a certificate of inspection, in manner and form as 

 required by the Secretary of Agriculture, of the proper official 

 of the country from which the importation is made, to the effect 

 that the stock has been thoroughly inspected and is b.-lieved to 

 be free from injurious plant diseases and insect pests: Provided, 

 That the Secretary of Agriculture shall issue the permit for any 

 particular importation of nursery stock when the conditions and 

 regulations as prescribed in this act shall have been complied with: 

 Promded further. That nursery stock may be imported for experi- 

 mental or scientific purposes by the Department of Agriculture 

 upon such conditions ana under such regulations as the said Secre- 

 tary of Agriculture may prescribe: And provided further, That 

 nursery stock imported from countries where no official system of 

 inspection for such stock is maintained may be admitted upon such 



conditions and under such regulations as the Secretary of Agri- 

 culture may prescribe. 



Sec. 2. That it shall be the duty of the Secretary of the Treasury 

 promptly to notify the Secretary of Agriculture of the arrival of 

 any nursery stock at port of entry; that the person recei\ing such 

 stock at port of entry shall, immediately upon entry and before 

 such stock is delivered for shipment or removed from the port of 

 entry, advise the Secretary of Agriculture or, at his direction, the 

 proper State, Territorial, or District official of the State or Terri- 

 tory or the District to which such nursery stock is destined, or 

 both, as the Secretary of Agricultiire may elect, of the name and 

 address of the consignee, the nature and quantity of the stock it is 

 proposed to ship, and the country and locality where the same was 

 grown. That no person shall sliip or oflfer for shipment from one 

 State or Territory or District of the United States into any other 

 State or Territory or District, any nursery stock imported into the 

 United States without notifying the Secretary of Agriculture or, at 

 his direction, the proper State, Territorial, or District official of 

 the State or Territory or District to which such nursery stock is 

 destined, or both, as the Secretary of Agriculture may elect, 

 immediately upon the delivery of the said stock for shipment, of 

 the name and address of the consignee, of the nature and quantity 

 of stock it is proposed to ship, and the country and locality where 

 the same was grown, unless and until such imported stock has been 

 inspected by the proper official of a State, Territory, or District of 

 the United States. 



Sec. 3. That no person shall import or offer for entry into the 

 United States any nursery stock unless the case, box, package, 

 crate, bale, or bundle thereof shall be plainly and correctly marked 

 to show the general nature and quantity of the contents, the country 

 and locality where the same was grown, the name and address of the 

 shipper, owner, or person shipping or forwarding the same, and 

 the name and address of the consignee. 



Sec. 4. That no person shall ship or deliver for shipment from 

 one State or Territory or District of the United States into any 

 other State or Territory or District any such imported nursery 

 stock the case, box, package, crate, bale, or bundle whereof is 

 not plainly marked so as to show the general nature and quantity 

 of the contents, the name and address of the consignee, and the 

 country and locaUty where such stock was grown, unless and 

 until such imported stock has been inspected by the proper official 

 of a State, Territory, or District of the United States. 



Sec. 5. That whenever the Secretary of Agriculture shall 

 determine that the unrestricted importation of any plants, fruits, 

 vegetables, roots, bulbs, seeds, or other plant products not included 

 by the term "nursery stock" as defined in section six of this act 

 may result in the entry into the United States or any of its Terri- 

 tories or Districts of injurious plant diseases or insect pests, he shall 

 promulgate his determination, specifying the class of plants and 

 plant products the importation of which shall be restricted and 

 the country and locality, where they are grown, and thereafter, 

 and until such promulgation is withdrawn, such plants and plant 

 products imported or offered for import into the United States or 

 any of its Territories or Districts shall be subject to all the 

 provisions of the foregoing sections of this act: Provided, That 

 before the Secretary of Agriculture shall promulgate his determina- 

 tion that the unrestricted importation of any plants, fruits, vege- 

 tables, roots, bulbs, seeds or other plant products not included by 

 the term "nursery stock" as defined in section six of this act may 

 result in the entry into the United States or any of its Territories or 

 Districts of injurious plant diseases or insect pests he shall, after 

 due notice, give a pubUc hearing, under such rules and regula- 

 tions as he shall prescribe, at which hearing any interested party 

 may appear and be heard, either in person or by attorney. 



Sec. 6. That for the purpose of this act the term "nursery 

 stock" shall include all neld-grown florists' stock, trees, shrubs, 

 vines, cuttings, grafts, scions, buds, fruit pits and other seeds of 

 fruit and ornamental trees or shrubs and other plants and plant 

 products for propagation, except field, vegetable, and flower seeds, 

 bedding plants, and other herbaceous plants, bulbs, and roots 



Sec. 7. That whenever, in order to prevent the introduction 

 into the United States of any tree, plant, or fruit disease or of any 

 injurious insect, new to or not theretofore widely prevalent or dis- 

 tributed within and throughout the United States, the Secretary 

 of Agriculture shall determine that it is necessary to forbid the 

 importation into the United States of any class of nursery stock 

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

 or other plant products from a country- or locality where such 

 disease or insect infestation exists, he shall promulgate such deter- 

 mination, specifying the country and locality and the class of nursery 

 stock or other clast of plants, fruits, vegetables, roots, bulbs, seeds, 

 or other plant products which, in his opinion, should be excluded. 

 Following the promulgation of such determination by the Secre- 

 tary of Agriculture, and until the withdrawal of the said promulEa- 

 tion by him, the importation of the class of nursery stock or of 

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

 plant products specified in the said promulgation from the country 

 and locality therein named, regardless of the use for which the same 

 is intended, is hereby prohibited; and until the withdrawal of the 

 said promulgation by the Secretary of Agriculture, and notwith- 

 standing that such class of nursery stock, or other class of plants, 

 fruits, vegetables, roots, bulbs, seeds, or other plant products be 

 accompanied by a certificate of inspection from the country of 

 importation, no person shall import or offer for entry into the 

 United States from any country or locality specified in such promul- 

 gation, any of the class of nursery stock or of other class of plants, 

 fruits, vegetables, roots, bulbs, seeds, or other plant products 

 named therein, regardless of the use for which the same is intended: 

 Provided, That before the Secretary of Agriculture shall promul- 

 gate his determination that it is necessary to forbid the importa- 

 tion into the United States of the articles named in this section 

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



