1937] 
SERVICE AND REGULATORY ANNOUNCEMENTS 
279 
March 23, 1921) has attempted to make it. Please also note that, for interstate 
shipments, a notice of shipment or State inspection is required. Once that notice 
is given, or as soon as the shipment has received State inspection, further inter- 
state movement is subject only to such restrictions as may apply to interstate 
movement of like domestic material, except in the matter of marking. Subse- 
quent notices are not required by the act as they are by Quarantine 37. 
Section 3 requires that importations of nursery stock are to be marked in 
& specified manner. 
Section 4 requires that importations of nursery stock moving interstate shall 
be marked in the manner specified unless and until inspected by a State 
oflScial. 
The term "nursery stock," as used in these sections, is defined in section 6 to 
include "all field-grown florists' stock, trees, shrubs, vines, cuttings, grafts, 
scions, buds, fruit pits and other seeds of fruit and ornamental trees or 
shrubs, and other plants and plant products for propagation." Field, vegetable, 
and flower seeds, bedding plants and other herbaceous plants, bulbs, and 
roots, are not defined as nursery stock and therefore were not originally 
subject to the restrictions of entry contained in sections 1 to 4 of the act. 
Section 5 provides that whenever the Secretary of Agriculture shall de- 
termine that the unrestricted importation of any plant or plant product not 
defined by the act as nursery stock may result in the entry of injurious pests, 
he shall call a public hearing and then promulgate his determination, specify- 
ing the class of plants or plant products to be restricted and the country or 
countries where they are grown. Thereafter, or until such promulgation is 
withdrawn, these materials are enterable only under the conditions laid down 
in sections 1 to 4, which I have just discussed. 
These 5 sections, with the definition of nursery stock in section 6, comprise 
that part of the Plant Quarantine Act which deals with the restrictions on 
importations. 
Section 7 provides means whereby, after due public hearing, the Secretary 
of Agriculture may cause the exclusion of a plant or plant product to prevent 
the introduction of a pest. His determination of such necessity, in the 
form of a quarantine notice, makes it unlawful to import the plant or plant 
product for any purpose whatever except by the Department of Agriculture for 
experimental or scientific purposes. The power of exclusion is in this section 
of the act itself. The secretary's action in promulgating a notice of quarantine 
'merely makes the act operative with respect to the plant or plant product 
in question. No provision exists in this section for restricted entry. 
With this provision of the act in mind let us look to Quarantine 87 and 
our method of administering it. At this point it should be stated paren- 
thetically that the classes of plant materials now restricted by that quarantine 
which are not defined as nursery stock in section 6 of the act, were brought 
under the provisions of sections 1 to 4 of the act by due process, in accordance 
with the procedure outlined in section 5. I need say nothing further as to 
the legal aspects of quantity limits, availability, horticultural qualifications 
to import, utilization, or delayed release, that is, growing imports under agree- 
ment for a period. Nevertheless, Quarantine 37 contains reference to quantity 
limits and purpose in regulations 1, 3, 4, and 14. Availability is touched 
upon in regulations 1 and 14. Tliree definite prohibitions such as should be 
written in accordance with section 7 of the act, are to be found in regulation 3. 
These prohibitions are not written into the quarantine itself but are parts 
of a supplemental regulation. Prohibitions on certain materials have been 
administered during the past several years under regulations 3, 14, and 1.5 
of Quarantine 37. It is believed these prohibitions should be the subject of 
prohibitory quarantines under the Plant Quarantine Act or the prohibitions 
should be dropped. 
The foregoing instances indicate that Quarantine 37 should be examined 
openly in the light of the provisions of the law under which it was promulgated. 
As previously shown, many steps have already been taken in an effort to bring 
our administration of this quarantine more nearly into accord with the law. 
It is admitted these steps are not strictly in accordance with the purpose 
announced when the quarantine was promulgated or with the policies followed 
in the early years of the administration of that quarantine. The question 
to be faced squarely is — shall we modify our policies and procedures, and 
Quarantine 37 to fit the act, or shall the act be modified to fit the policies 
expressed in and by Quarantine 37? The former step is in our power to 
