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AUGUST 1, 1912. 



The Florists' Review 



15 



A BILL 



lo regrulate the importation and interstate transportaition of 

 nursery stocli; to enable the Secretary of Agrricnlture to appoint 

 a Federal Horticultural Commission, and to define the powers of 

 tliis commission in establlshinK and maintaining quarantine districts 

 for plant diseases and insect pests; to permit and regulate the move- 

 ment of fruits, plants, and vegetables therefrom, and for other 

 purposes. 

 \ Be it enacted by the Senate and House of Representa- 

 •j tives of the United States of America In Congress assembled, 

 [Here the entire original bill was struck out and the following 

 substituted.] 



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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 regula- 

 tions as the said Secretary of Agriculture may prescribe, and 

 unless such nursery stock shall be accompanied by a certifi- 

 cate of inspection, in manner and form as required by the 

 Secretary of Agriculture, of the proper ofaclal of the 

 country from which the importation Is made, to the effect 

 that the stock has been thoroughly inspected and is be- 

 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 nurrery 



PAGE 11 

 stock when the conditions and regulations as prescribed in this 

 Act shall have been complied with : Provided, further, That 

 nursery stock 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 : And provided further, That 

 nursery stock imported from countries where no oflSclal 

 system of inspection for such stock is maintained may be 

 admitted upon such conditions and under such regulations 

 as the Secretary of Agriculture 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 receiving, 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 discretion, the proper 

 State, Terrllorlal, or District official of the State or Territory 

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

 both, as the Secretary of Agriculture 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 ship or 

 offer for shipment from one State or Territory or District of 

 the United States into any other State or Territory or Dis- 



PAGE 12 



trlct, any nursery stock Imported into the United States with- 

 out notifying the Secretary of Agriculture or, at his discre- 

 tion, the proper State, Territorial, or District official of the 

 State or Territory or District to which said 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 im- 

 ported 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 per- 

 son shipping or forwarding the same, and the name and 

 address of the consignee. 



Sec. 4. That no person shall ship or deliver for ship- 

 ment 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 gen- 

 eral nature and quantity of the contents, the name and ad- 



PAGE 13 



dress of the consignee, and the country and locality 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 de- 

 fined In section six of this Act may result In the entry into 

 the United States or any of its Territories or Districts of in- 

 jurious plant diseases or insect pests, he shall promulgate his 

 determination, specifying the class of plants and plant prod- 

 ucts 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 possessions shall be subject to all the pro- 

 visions of the foregoing sections of this Act : Provided, That 

 before the Secretary of Agriculture shall promulgate bis de- 

 termination that the unrestricted importation of afly plants, 

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

 not included by the term "nursery stock" as defined in sec- 

 tion 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 public 



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1 hearing, under such rules and regulations as he shall pre- 



2 scribe, at which hearing any interested party may appear and 



3 be heard, either in person or by attorney. 



4 Sec. 6. That for the purpose of this Act the term 



5 "nursery stock" shall Include all field-grown fiorlsts' slock, 



6 trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits 



7 and other seeds of fruit and ornamental trees or shrubs, and 



8 other plants and plant products for propagation, except field, 



9 vegetable, and flower seeds, bedding plants, and other her- 



10 baceous Plants, bulbs, and roots. 



11 Sec. 7. That whenever. In order to prevent the Intro- 



12 ductlon into the United States of any tree, plant, or fruit dis- 



13 ease or of any injurious Insect, new to or not theretofore 



14 widely prevalent or distributed within and throughout the 



15 United States, the Secretary of Agriculture shall determine 



16 that It Is necessary to forbid the Importation Into the United 



17 States of any class of nursery stock or of any other class of 



18 plants, fruits, vegetables, roots, bulbs, seeds, or other plant 



19 products from a country or locality where such disease or 



20 insect infestation exists, he shall promulgate such determi- 



21 nation, specifying the country and locality and the class of 



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



23 roots, bulbs, seeds, or other plant products which, in his 



24 opinion, should be excluded. Following the promulgation 



25 of such determination by the Secretary of Agriculture, and 



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until the withdrawal of the said promulgation 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 



6 which the same Is intended, is hereby prohibited ; and until 



7 the withdrawal of the said promulgation by the Secretary of 



8 Agriculture, and notwithstanding that such class of nursery 



9 stock, or other class of plants, fruits, vegetables, roots, bulbs, 



10 seeds, or other plant products be accompanied by a certificate 



11 of Inspection from the country of Importation, no person shall 



12 import or offer for entry Into the lUnited States from any 



13 country or locality specified in such promulgation, any of 



14 the class of nursery stock or of other class of plants, fruits, 



15 vegetables, roots, bulbs, seeds, or other plant products named 



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



17 Provided, That before the Secretary of Agriculture shall 



18 promulgate his determination that It is necessary to forbid 



19 the importation Into the United States of the articles named 



20 in this section he shall, after due notice to interested parties, 



21 give a public hearing, under such rules and regulations 



22 as he shall prescribe, at which hearing any Interested party 



23 may appear and be heard, either In person or by attorney : 



24 Provided further, That the quarantine provisions of this 



25 section, as applying to the white-pine blister rust, potato 



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1 wart, and the Mediterranean fruit fly, shall become and be 



2 effective upon the passage of this Act. 



3 Sec. 8. That the Secretary of Agriculture is authorized 



4 and directed to quarantine any State, Territory, or District 



5 of the United States, or any portion thereof, when he shall 



6 determine the fact that a dangerous plant disease or Insect 



7 Infestation, new to or not theretofore widely prevalent or 



8 distributed within and throughout the United States, exists 



9 in such State or Territory or District ; and the Secretary 



10 of Agriculture Is directed to give notice of the establishment 



11 of such quarantine to common carriers doing business in or 



12 through such quarantined area, and shall publish in such 



13 newspapers in the quarantined area aa he shall select notice 



14 of the establishment of quarantine. That no person shall 



15 ship or offer for shipment to any common carrier, nor shall 



16 any common carrier receive for transportation or transport. 



17 nor shall any person carry or transport from any quarantined 



18 State or Territory or District of the United States, or 



19 from any quarantined portion thereof, into or through any 



20 other State or Territory or District, any class of nursery 



21 stock or any other class of plants, fruits, vegetables. 



22 roots, bulbs, seeds, or other plant products specified in 



23 the notice of quarantine except as hereinafter provided. 



24 That it shall be unlawful to move, or allow to be moved, 



25 any class of nursery stock or any other class of plants, 



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



2 specified in the notice of quarantine hereinbefore provided, 



3 and regardless of the use for which the same Is intended, 



4 from any quarantined State or Territory or District of 



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



6 through any other State or Territory or District, In man- 



7 ner or method or under conditions other than those pre- 



8 scribed by the Secretary of Agriculture. That it shall ■ be 



9 the duty of the Secretary of Agriculture to make and pro- 



10 mulgate rules and regulations which shall permit and gov- 



11 em the Inspection, disinfection, certification, and metnod 



12 and manner of delivery and shipment of the class of nursery 



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



14 roots, bulbs, seeds, or other plant products specified In the 



15 notice of quarantine hereinbefore provided, and regard- 



16 less of the use for which the same Is Intended, from a 



17 quarantined State or Territory or District of the United 



18 States, or quarantined portion thereof, into or through any 



19 other State or Territory or District; and the Secretary of 



20 Agriculture shall give notice of such rules and regulations as 



21 hereinbefore provided In this section for the notice of the 



22 establishment of quarantine : Provided, That before the 



23 Secretary of Agriculture shall promulgate his determination 



24 that it is necessary to quarantine any State, Territory, or 



