210 I^Ul^I^^AU OF KNTOMOI^OGY AND PLANT QrAUANTINE [July-Sept. 
(d) Inspector. — An iuspector of the United States Department of Agriculture. 
(e) Moved or alloioed to he moved interstate. — Shipped, offered for shipment 
to a common carrier, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved from one State 
or District of the continental United States into any other State or District. 
Kexiulation 2. Restkictions on thk MovE^rKNT OF Berbekis and Mahonia 
(o) No Bcrberis or Mahonia shall be moved or allowed to be moved inter- 
state from any State of the continental United States or from the District of 
Columbia into any of the protected States, namely. Colorado, Illinois, Indiana, 
Iowa, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, 
Pennsylvania, South Dakota, Virginia, West Virginia, Wisconsin, and Wyoming, 
nor from any one of said protected States into any other protected State, unless 
a permit shall have been is-^^ued therefor by the United States Department of 
Agriculture, except that no restrictions are placed by these regulations on the 
interstate movement either of Japanese barberry {Berheris thunbergii) or any 
of its rust-resistant varieties, or of cuttings (without roots) of Mahonia 
i-hipped for decorative purposes and not for propagation. 
(&) No Berberis or Mahonia of species, varieties, or hybrids sufficiently sus- 
ceptible to infection by black stem rust, in the judgment of the Department, to 
involve danger of spread of the rust shall be moved or allowed to be moved 
interstate into any of the said protected States, and no permit will be issued 
Jiuthorizing such movement. 
(c) No restrictions are placed by these regulations on the interstate move- 
ment of BerheriH or Mahonia consigned to destinations located outside the 17 
protected States named herein. 
Regulation 3. Conditions Governing the Issuance of Pekmits 
{a) Applications. — Persons intending to move or allow to be moved interstate 
into any of the protected States any of the articles the movement of which is 
restricted under regulation 2 shall make application to tlie Bureau of En- 
tomology' and Plant Quarantine. A\'ashington, D. C, for ]iermit as far as 
I>ossible in advance of the probable date of shipment. Apidicatinns received 
aftor June 1^ covering shipments proposed to be made during the following 
tiscal year may be denied if inspection by the Department before the close of 
the active growing season cannot be arranged. Applicants will be required to 
agree that no Berber is or Mahonia susceptible to infection by black stem rust 
will be grown in any nursery or nurseries owned or controlled by the applicant, 
or will be distributed by him. The application shall show a complete list of 
all Berheris and Mahonia grown by the applicant or proposed to be distributed 
by him, and the number of plants of each siiecies or variety so groNA n or to be 
distributed. 
( h ) The Department may require such specimens or other evidence as to the 
identity of the species, varieties, and hybrids grown, and may make such in- 
spection as may be necessary to determine such identity. I'ermits will l)e is- 
sued as to only such species as have proven to the satisfaction of the Depart- 
ment not sufliciently susceptible to infection by bhick stem rust to involve 
danger of spread of the rust. 
(c) Permits will not be issued for the interstate movement to destinations 
within the States named in regulation 2 of Berheris vuhjaris or any of its 
liorticultural varieties or of any other species, hybrids, or varieties of Berheris 
or Mahonia sufficiently susceptible to infection by black stem rust, in the .iudg- 
ment of the l>ei)artment, to involve dangei- of spread of the I'ust. 
Rkgulation 4. Cancelation of Peiimits 
Permits issued under these regulations may be witlidrawn or canceled by 
the inspector and further permits rt^fused. either for any failure of compliance 
with the conditions of the.se regulations or violation of them, or whenever in 
the judgment of the inspector the further use of such permits might result 
in the dissemination of Berheris and Mahonia susceptible to infection by black 
stem rust. 
^ Soptember 1 in the case of llie calendjtr year 1937. 
