NEW JERSEY. 95 



whose premises have been found infested may, after he has complied with the 

 requirements made by the State entomologist, apply for a reinspection of his 

 stock, and the State entomologist shall, if he finds the conditions fulfilled and 

 the stock apparently clean, issue his certificate to that effect upon such condi- 

 tions as may be deemed necessary for the protection of purchasers ; such condi- 

 tions must be in writing and must be accepted by the nurseryman in writing. 



9. It shall be the privilege of any nurseryman or dealer to ship under the cer- 

 tificate issued to him nursery stock grown for him elsewhere or purchased 

 by him from other States or countries : Provided, That all such stock be received 

 under a certificate satisfactory to the State entomologist that it had been in- 

 spected where grown and found to be apparently free from dangerously inju- 

 rious insects or such as were liable to become so ; and no such stock shall be 

 sold within the State or shipped until the certificate accompanying it shall have 

 been submitted to the State entomologist and approved by him. 



10. Any nurseryman w^ho sells or ships to points within the State without a 

 certificate of inspection made, or without fumigation as prescribed in section six. 

 shall be deemed guilty of a misdemeanor and subject to a fine of fifty dollars 

 for every sale or shipment made in violation of sections four and six of this act ; 

 any nurseryman to whom a certificate has been issued, w^ho shall use the same 

 on stock not actually inspected, or who shall in any way fail to comply with the 

 conditions upon which such certificate was issued or the requirements of this 

 act shall be deemed guilty of a misdemeanor and subject to a fine of one hun- 

 dred dollars for each offense, and his certificate may be withdrawn and cancelled, 

 in the discretion of the State entomologist. 



11. All nursery stock shipped into this State from any foreign state or country 

 must be accompanied by a certificate, dated not more than six months prior to 

 the date of such shipment, or by a written or printed copy of such certificate, 

 attached to each car, box, bale, or parcel thereof, stating that the stock to which 

 such certificate is attached has been inspected by an oflicer duly authorized by 

 the laws of the State where such stock was grown and that the same was 

 found to be free from dangerously injurious insects or from such as might be 

 liable to become so when introduced into nursery, vineyard, farm, or garden ; 

 any such certificate shall be accompanied by a written or printed statement from 

 the nurseryman shipping the same declaring that such stock is part of that 

 which was inspected by or under the direction of the oflicer signing the certifi- 

 cate, and he shall further state whether or not such stock has been fumigated 

 with hydrocyanic acid gas ; any car, box, bale, or parcel of nursery stock shipped 

 into this State, unaccompanied by a certificate as above required, may be seized 

 and detained by the State entomologist or under his direction wherever found, 

 whether in the hands of a common carrier or in the hands of the consignee or 

 his agent, and such stock may be held and detained until the same has been 

 inspected and found free from dangerously injurious insect pests and from such 

 as in the judgment of said entomologist are liable to become so. In case any 

 stock so examined is found to be infested as above described, it shall be the 

 duty of the State entomologist, and he is hereby empowered, to destroy such 

 infested stock, and he shall require such as may not be actually infested to be 

 submitted to such treatment as he may deem necessary to make it safe and the 

 insects that may be harbored in or on it harmless ; it shall be also the duty of 

 said entomologist when, in his opinion, there is reason to doubt the truth of any 

 certificate or a nurseryman's statement thereunder found attached to any car. 

 box, bale, or parcel of stock shipped into this State to detain such box, bale, or 

 parcel of stock until the same has been inspected under his direction and in 

 case such stock is fotmd to be infested it may be treated as uncertified and all 



