106 LAWS AGAINST INJURIOUS 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. 
RuLeE 4. Each nursery in the State shall be inspected at least once each year 
by the entomologist or his assistants or other authorized officer, 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. 
RuLeE 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 shortly 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. =f 
Rute 8. This commission reserves the right to permanently withdraw the cer- 
tificate of any person, firm, or corporation within the State of 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. ] 
Rute 1. No transportation company or common earrier 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 
