1938] SERVICE AND REGULATORY ANNOUNCEMENTS 77 
NOTICE OF QUARANTINE NO. 45 (REVISED) 
(Approved September 28, 1938 ; effective September 29, 1938) 
I, Harry L. Brown, Acting Secretary of Agriculture, have determined that it 
is necessary to quarantine the States of Maine, New Hampshire, Vermont, 
Massachusetts, Rhode Island, and Connecticut, to prevent the spread of two 
injurious insects — the gypsy moth (Porthctria dispar L.) and the brown-tail 
moth (Nygmia phaeorrhoea Don.) — not herefore widely distributed within and 
throughout the United States. 
Now, therefore, I, Harry L. Brown. Acting Secretary of Agriculture, under 
the authority conferred by section 8 of the Plant Quarantine Act of August 20, 
1912 (37 Stat. 315), as amended, do hereby quarantine the States of Maine, New 
Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut, and by 
this Notice of Quarantine No. 45 do order that (1) coniferous trees, such as 
spruce, fir. hemlock, pine, juniper (cedar), and arborvitae (white cedar), with- 
out roots, known and described as "Christmas trees," and parts thereof, and 
evergreen decorative plants, such as boxwood, holly, and laurel, and parts 
thereof, known and described as ''Christmas greens and greenery"; (2) forest- 
plant products, including logs, tanbark, posts, poles, car stakes, railroad ties, 
cord wood, empty cable reels, and lumber; (3) trees, shrubs, vines, and all plants 
having persistent woody stems, and parts of such plants excepting seeds and 
fruit; and (4) stone and quarry products, shall not be shipped, offered for ship- 
ment to a common carrier, received for transportation or transported by a 
common carrier, or carried, transported, moved, or allowed to be moved from 
any of said quarantined States into or through any other State or Territory 
or District of the United States in manner or method or under conditions other 
than those prescribed in the rules and regulations hereinafter made and amend- 
ments thereto : Provided. That the restrictions of this quarantine and of the 
rules and regulations supplemental thereto may be limited to the areas, in a 
quarantined State, now or hereafter designated by the Secretary of Agricul- 
ture as regulated areas, when said State shall have provided for and enforced 
such control and regulatory measures with respect to such designated areas as, 
in the judgment of the Secretary of Agriculture, shall be deemed adequate to 
prevent the spread of the gypsy moth and brown-tail moth: And provided fur- 
ther. That, whenever, in any year, the Chief of the Bureau of Entomology and 
Plant Quarantine shall find that facts exist as to the pest risk involved in the 
movement of one or more of the articles enumerated in the regulations supple- 
mental hereto, making it safe to modify, by making less stringent, the restric- 
tions contained in any such regulation, he shall set forth and publish such 
finding in administrative instructions, specifying the manner in which the appli- 
cable regulation should be made less stringent, whereupon such modification 
shall become effective, for such period and for such regulated area or portion 
thereof as shall be specified in said administrative instructions, and a copy 
thereof shall be mailed to the common carriers doing business in the quaran- 
tined area affected and every reasonable effort shall be made to give publicity 
to the said modification of the regulation in the area affected. 
Done at the city of Washington this 28th day of September 1938. 
Witness my hand and the seal of the United States Department of Agriculture. 
[seal] Harry L. Brown, 
Acting Secretary of Agriculture. 
RULES AND REGULATIONS (EIGHTH REVISION) SUPPLEMENTAL TO 
NOTICE OF QUARANTINE NO. 45 
(Approved September 28, 1938; effective September 29, 1938) 
Regulation 1. Definitions 
For the purpose of these regulations the following words, names, and terms 
shall be construed, respectively, to mean : 
(a) Gypsy moth. — Tbe insect known as the gypsy moth (Porthctria dispar L.). 
(b) Brotrn-tail moth. — Tbe insect known as the brown-tail moth {Nygmia 
phaeorrhoea Don., formerly referred to as Euproctis chryxorrhoca). 
(c) Quarantined area. — Any State quarantined by tbe Secretary of Agricul- 
ture upon determination by him that either the gypsy moth or the brown-tail 
moth, or both, exist therein. 
