TWENTY-FOURTH ANNUAL FRUIT-GROWERS' CONVENTION. 



97 



NATIONAL HORTICULTURAL QUARANTINE. 



The Committee on Legislation presented a report recommending the 

 adoption of the following bill on national horticultural quarantine: 



AN" ACT 



To Provide for the Inspection and Treatment of Trees, Plants, Buds, Cuttings, 

 Grafts, Cions, Nursery Stock, and Fruit Imported into the United States. 



Be it enacted by the Senate and House of Representatives of the United States of America 

 in Congress assembled: 



Section 1. That the Secretary of Agriculture be, and he is hereby, authorized, at the 

 expense of the owner or owners, to place and retain in quarantine all trees, plants, 

 buds, cuttings, grafts, cions, nursery stock, and fruit imported into the United States, 

 at such ports as he may designate for such purposes, and under such conditions as he 

 may, by regulation, prescribe, and that he may appoint inspectors for the purpose of 

 examining such trees, plants, buds, cuttings, grafts, cions, nursery stock, and fruit for 

 the purpose of ascertaining whether they are affected by any injurious insect or disease, 

 the importation of which will be prejudicial to the horticultural interests of the United 

 States, and provide for the treatment of such when found necessary. 



Sec. 2. That when such trees, plants, buds, cuttings, grafts, cions, nursery stock, or 

 fruit shall be determined to be infested with any injurious insect or disease, they shall 

 be treated at the expense of the owner or owners in accordance with the regulations of 

 the Secretary of Agriculture, or they shall be destroyed in case their condition is such 

 as to warrant such destruction. But an appeal may be taken from the decision of the 

 inspector to the Secretary of Agriculture, if such appeal be taken within three days 

 after such inspection, and the decision of the Secretary of Agriculture shall be final. 



Sec. 3. That when such inspection shall show that such trees, plants, buds, cuttings, 

 grafts, cions, nursery stock, or fruit are apparently free from injurious insects or 

 diseases, a certificate to this effect, made in accordance with the regulations of the Sec- 

 retary of Agriculture, shall be issued to the owner or owners thereof by the said 

 inspector, and this certificate shall operate to release all the objects above specified 

 when duly stamped or labeled with the same, from further quarantine or restriction at 

 the said port of entry. Any person who shall forge, counterfeit, or knowingly alter, de- 

 face, or destroy any of the marks, stamps, or certificates provided for in the regulations 

 of the Secretary of Agriculture on any such trees, plants, buds, cuttings, grafts, cions, 

 nursery stock, or fruit, or who shall forge, counterfeit, or knowingly or wrongfully 

 alter, deface, or destroy any certificate as provided for in said regulations, shall be 

 punished by a fine not to exceed five hundred dollars or imprisonment not to exceed 

 one year, or both, at the discretion of the court. 



Sec. 4. That whenever it shall appear to the Secretary of Agriculture that any foreign 

 country shall have provided proper and competent inspection and treatment, in accord- 

 ance with the provisions of this Act, for the objects above specified as being subject to 

 inspection and treatment, he may, by proclamation or otherwise, accept such inspection 

 and treatment in lieu of inspection performed by officers appointed by himself, which 

 acceptation or proclamation by the Secretary of Agriculture shall relieve all such arti- 

 cles specified in the foregoing sections of this Act, when properly stamped or labeled, 

 from further quarantine or restriction, except such as may be provided by the laws of 

 the State or Territory to which they are sent within the United States. 



Sec. 5. That whenever it shall appear to the Secretary of Agriculture that any variety 

 of fruit grown outside of the United States or District of Columbia, is being, or is about 

 to be, imported into the United States or District of Columbia, and such variety of fruit 

 is infested by any injurious insect or disease, which insect or disease is liable to become 

 established in the United States and injuriously affect any variety of fruit grown therein, 

 he shall have authority to quarantine against any such variety of fruit, and prevent the 

 importation of the same until such time as it may appear to him that such insect or 

 7— RH 



