106 LAWS AGAINST mjtJMOtrs INSECTS. 



Rule 3. If any trees, plants, or parts thereof, being shipped for delivery at 

 any point in North Carolina, whether or not included under the term nursery 

 stock, and whether or not accompanied by a certificate of inspection, are found 

 by any agent of this commission to be infested with living San Jose scale, such 

 entire shipment is declared to be a public nuisance and is liable to destruction 

 without compensation to the consignor. 



Rule 4. Each nursery in the State shall be inspected at least once each year 

 bj^ the entomologist or his assistants or other authorized ofiicer, in order to de- 

 termine whether insect or other pests of such nature as to be a serious menace 

 to the purchaser are present on the stock offered for sale. If the stock is appar- 

 ently free from such serious pests and otherwise in good condition, and the per- 

 son, firm, or corporation is apparently conducting his or its business in an hon- 

 orable manner, a certificate of inspection of nursery stock shall be issued. 



Rule 5. In case nursery stock in any nursery in the State be found to be in- 

 fested with such pests as to render the sale of the plants a serious menace to the 

 welfare of the purchaser, the certificate of inspection shall not be issued until the 

 premises have been so treated that the salable stock to be covered by the certificate 

 shall be apparently free from the pest or pests indicated, and the treatment to 

 be applied shall be such as the entomologist or other officer making the inspec- 

 tion shall prescribe. 



Rule 6. When it is required that infested nursery stock shall be destroyed, 

 fumigated, or otherwise treated, the statement of the person, firm, or corporation 

 that such treatment has been given may be accepted as evidence that the require- 

 ment has been fulfilled, but the certificate may be withheld pending investigation, 

 should the entomologist or other authorized officer have reason to doubt the 

 thoroughness of the work done or the truthfulness of the statement. . 



Rule 7. All trees, buds, grafts, scions or cuttings of apple, apricot, cherry, 

 peach, pear, plum, and quince which shall be sold, exchanged, bartered, or given 

 away, and which are grown within the State of North Carolina, shall be fumi- 

 gated with hydrocyanic-acid gas shortl.y before shipment or delivery in a tight 

 box or room suitable for the purpose, in accordance with directions furnished 

 by the entomologist or other authorized officer. 



Rule 8. This commission reserves the right to permanently withdraw the cer- 

 tificate of any person, firm, or corporation within the State cf North Carolina 

 which shall make any false statement concerning treatment of nursery stock, 

 for any violation of the above rules, for any false statement to customers regard- 

 ing fumigation of stock, or for fraudulent practices carried on through the use 

 of the certificate of this commission. False and preposterous claims of any 

 kind evidently made to deceive the customer may be considered as evidence of 

 fraud. 



Rules Governing the Transportation of Nursery Stock in North Carolina. 



[Definition of " nursery stock," etc., same as under preceding heading.] 



Rule 1. No transportation company or common carrier shall deliver to any 

 consignee in this State any carload, box, bale, package, or specimen of nursery 

 stock unless same shall have plainly attached thereto a valid certificate of 

 inspection made in favor of the consignor, stating that the premises of the con- 

 signor have been inspected and that the salable stock growing thereon was 

 apparently free from the San Jose scale or other dangerous insect or contagious 

 disease and otherwise in good condition. 



Rule 2. If any nursery stock be presented to any transportation company or 



