12 



the State comptroller will draw his warrant upon the State treasurer in favor of the 

 treasurer of said hoard for the said sums, or any part thereof, when they become 

 available, upon proper demand being made for the same by the said board. 



Sec. 6. This act shall take effect immediately. 



Approved February 18, 1885. 



Chapter XXXVI. 



An act to prevent the spreading of fruit and fruit-tree pests and diseases, and to provide for their 



extirpation. 



The people of the State of California, represented in senate and assembly, do enact as 

 folloivs: 



Section 1. It shall be the duty of every owner, possessor, or occupier of an 

 orchard, nursery, or land where- fruit trees are grown within this State, to disinfect 

 all fruit trees grown on such lands infested with any insect or insects, or the germs 

 thereof, or infested by any contagious disease known to be injurious to fruit or fruit 

 trees, before the removal of the same from such premises for sale, gift, distribution, 

 or transportation. Fruit boxes which have been used for shipping fruit to any des- 

 tination are hereby required to be disinfected previous to their being again used for 

 any purpose; all boxes returned to any orchard, storeroom, salesroom, or any place 

 used or to be used for storage, shipping, or any other purpose, must be disinfected 

 within three days after their return; and any and all persons failing to comply with 

 the requirements of this section shall be guilty of a misdemeanor. All packages, 

 known as free packages, must be destroyed or disinfected before being again used. 



Sec. 2. It shall be the duty of the owner, lessee, or occupier of any orchard within 

 this State to gather all fruit infested by the insects as the codlin moth, peach moth, 

 red spider, plum weevil, and kindred noxious insects, their larva 1 or pupa*, which 

 has fallen from the tree or trees, as often as once a week, and dispose of or destroy 

 the same in such a manner as to effectually destroy all such insects, their larvae or 

 pupa?. It shall be the duty of the inspector of fruit pests, or the quarantine 

 guardian, to inspect fruit packages, and all trees and plants, cuttings, grafts, and 

 scions, known or believed to be infested by any insect or insects, or the germs thereof, 

 or their eggs, larva?, or pupa?, injurious to fruit or fruit trees, or infested with any 

 disease liable to spread contagion, imported or brought into this State from any 

 foreign country, or from any of the United States or territories, and if, upon inspec- 

 tion, such fruit or fruit packages are found to be infested or infected, it shall be a 

 misdemeanor to offer the same for sale, gift, distribution, or transportation, unless 

 they shall be first disinfected. 



Sec. 3. Every person shipping fruit trees, scions, cuttings, or plants, from any 

 orchard, nursery, or other place where they were grown or produced shall place upon 

 or securely attach to each box, package, or parcel containing such fruit trees, scions, 

 cuttings, or plants, a distinct mark or label, showing the name of the owner or 

 shipper, and the locality where produced. And any person who shall cause to be 

 shipped, transported, or removed from any locality declared by the State board of 

 horticulture to be infested with fruit-tree or orchard pests, or infected with con- 

 tagious diseases injurious to trees, plants, or fruits, unless the same shall have been 

 previously disinfected, shall be guilty of a misdemeanor. Disinfection shall be to 

 the satisfaction of the State board of horticulture, or the iuspector of fruit pests. 

 When disinfected, the fact shall be stamped upon each box, package, or separate 

 parcel of fruit trees, scions, cuttings, or plants; and any person who shall cause to 

 be shipped, transported, or removed, any such box, parcel, or package, from any 

 quarantine district or locality, not bearing such stamp, shall be guilty of a misde- 

 meanor, and may be punished by a fine, as provided in section six of this act. Any 

 person who shall falsely cause such stamp to be used, or shall imitate or counterfeit 

 any stamp or device used for such purpose, shall be guilty of a misdemeanor. 



Sec. 4. It shall be the special duty of each member of the State board of horticul- 

 ture to see that the provisions of this act are carried out within his respective 

 horticultural district, and all offenders duly punished. 



