94 LAWS AGAl2s'ST IXJUEIOUS IXSECTS. 



4. It shall be unlawful for any nurseryman within the State to sell or offer 

 for sale any nursery stock or to deliver the same within the State until it has 

 been inspected by the State entomologist or his deputy, and until a certificate 

 has been issued to him in accordance with the provisions of this act ; it shall 

 be the duty of every nurseryman growing stock within this State, and of every 

 dealer in nursery stock, to attach to every car. box. bale, or parcel of stock sent 

 out or delivered by him a written or printed copy of the certificate issued to 

 him by the State entomologist, together with a written or printed copy of a 

 declaration signed by such nurseryman, stating that the stock contained in such 

 car. box. bale, or parcel was part of that covered by such certificate, and that 

 the conditions upon which such certificate was issued have been fulfilled : such 

 statement shall be considered a warranty as to the source of said stock, for a 

 breach of which a certificate may be withdrawn by the State entomologist. 



5. All nurserymen growing or dealing in nursery stock within this State must 

 erect and maintain upon the nursery upon which their stock is grown, or in 

 connection therewith, a sti*ucture suitable for fumigating nursery stock with 

 hydrocyanic acid gas. which shall be inspected by the State entomologist, whose 

 duty it shall be. if he finds the building properly constructed for the purposes. 

 to mark upon the same the amounts of the materials to be used for the fumiga- 

 tion of the stock grown upon such nursery : said entomologist shall also direct 

 the manner in which fumigation is to be done and the length of time during 

 which the stock is to be exposed to the action of the gas. 



6. It shall be unlawful for any nurseryman to send out or ship from his 

 nursery any stock not thoroughly fumigated with hydrocyanic acid gas to any 

 point within or without the State, unless such nurseryman holds a certificate 

 from the State entomologist that the stock grown upon such nursery is free 

 from dangerously injurious insect pests or those liable to become so: Provided. 

 That this reiiuirement shall not apply to evergreens, conifers, herbaceous plants, 

 or to plants grown under glass only and known as florists* stock. 



7. It shall be the duty of the State entomologist to examine and inspect, or 

 cause to be examined and inspected, at least once in each year, at such time or 

 times as he may determine, with or without notice to the nurseryman, all nurs- 

 eries within the State, to ascertain whether the stock grown thereon is free 

 from dangerously injurious insects and from such as. in his opinion, are likely 

 to become so when transplanted or set out into orchard, vineyard, field, or 

 garden, and every nurseryman within the State shall have the right to demand 

 that such inspection be made in case his nursery has not been inspected prior 

 to the first day of October in any year. No fee or other charge for inspections 

 shall be made against any nurseryman. 



8. After any nursery has been inspected it shall be the right of a nurseryman 

 to demand of the State entomologist a certificate stating the condition of the 

 stock on the inspected premises, and it shall be the duty of the State entomolc- 

 gist to give a certificate in accordance with the facts found. If the inspection 

 shows the presence of dangerously injurious insects or of such as are likely to 

 become so, the entomologist shall require of the nurseryman that he destroy 

 the infested stock and that he treat that exposed to infection in such manner 

 as may be necessary to render such insects harmless and the stock safe. If 

 the inspection shows that a nursery is apparently free from dangerously injuri- 

 ous insects or fi'om such as are liable to become so. the State entomologist shall 

 issue his certificate to that effect, specifying in such certificate the date up to 

 which it shall remain valid : Provided. That he may impo.se as a condition that 

 the nurseryman comply with the requirements of section six of this act. and this 

 condition must be accepted in writing by such nurseryman. Any nurseryman 



