144 LAWS AGAINST INJUEIOUS INSECTS. 



ceiving such stock shall, before selling, using, or disposing of same, fumigate 

 such stock in accordance with the rules of said commissioner, with hydrocyanic 

 gas, or procure a certificate from said commissioner that he has examined such 

 stock and found the same to be apparently free from San Jose scale and other 

 insect pests, and from all dangerously^ infectious diseases ; and any one violat- 

 ing the provisions of this section shall be punished by a fine of not less than 

 twenty-five dollars nor more than two hundred dollars. The words " nursery 

 stock " wherever used in this article shall apply to and include all trees, shrubs, 

 plants, or buds grown for nursery, basket, or other commercial purposes, or 

 cuttings, whether grown in a nursery or elsewhere, so far as it relates to fumi- 

 gation. The provisions of this and the preceding sections shall not apply to 

 florists, greenhouse plants, flowers, or cuttings commonly known as greenhouse 

 stock. 



Sec. 4. Should any trees, shrubs, plants, or other nursery stock be shipped 

 into this State under the certificate required in section 2 of this act without 

 being first fumigated as required therein, or without having been inspected as 

 required in section 2, or should it be made to appear that any such certificate 

 is false, and that the nursery stock to which it relates is not free from insect 

 pests or dangerous contagious diseases, such certificate shall be disregarded, 

 and such trees, shrubs, plants, or nursery stock shall be held to have been shipped 

 without such certificate as far as their sale, use, or disposition is concerned, 

 and said commissioner shall when deemed necessary cause any trees, shrubs, 

 plants, or other nursery stock shipped into this State from without the State 

 to be examined, and where necessary have such trees fumigated or destroyed ; 

 and when it comes to the knowledge of said commissioner that any person, 

 firm, or corporation is shipping into this State, or is about to ship any trees, 

 plants, shrubs, or other nursery stock under a false certificate, such commis- 

 sionor shall forbid such shipment and give warning to the public of same. 



Sec. 5. The commissioner of agriculture, insurance, statistics, and history 

 shall make such rules and regulations as may be deemed proper for carrying 

 into effect this act, not inconsistent with same, and for the inspection of nur- 

 series, and may call into service the State entomologist when not otherwise en- 

 gaged, and also such other person or persons as may be necessary, and he shall 

 fix and collect any reasonable fees for inspecting nurseries, to be paid by the 

 person or persons for whom such inspection is made. 



Sec. 6. If said commissioner or any of his agents or employes give a false 

 certificate, or a certificate without an actual examination of the nursery stock 

 for which such certificate is given, to any owner, proprietor, or lessee of any 

 nursery, or to any other person for use under the provisions of this chai)ter, he 

 shall be deemed guilty of a misdemeanor, and on conviction shall be punished 

 by a fine of not less than five hundred dollars nor more than one thousand dol- 

 lars for each offense. 



Sec. 7. That the sum of one thousand dollars or so much thereof as may be 

 necessary is hereby appropriated out of any funds in the State treasury not 

 otherwise appropriated to carry out the provisions of this act. 



Sec 8. The fact that there is no law in this State to prevent the introduction, 

 dissemination, and spread of San Jose scale and other dangerous insect pests 

 and contagious dangerous diseases, and that the fruit industry, one of the most 

 important in this State, is seriously menaced and threatened with irreparable 

 loss and injury, creates an emergency, and an imperative public necessity re- 

 quiring the constitutional rule requiring bills to be read on three several days 

 be suspended, and is hereby suspended, and that this act take effect and be in 

 force from and after its passage, and it is so enacted. 



In effect now. 



