J939] SERVICE AND REGULATORY ANNOUNCEMENTS 13Q 
pests they would want Quarantine :>7 changed. Not only that, they would want 
the Plant Quarantine Act so changed as to insure as nearly as such things can 
be that plant pests be kept out. 
Section 1 of the Plant Quarantine Act provides "that it shall be unlawful 
for any person to offer for entry into the United States any nursery stock 
unless and until a permit shall have been issued therefor by the Secretary of 
Agriculture under such conditions and regulations as the said Secretary of 
Agriculture may prescribe." Please note that this applies only to nursery 
stock. 
Section G provides "that for the purpose of this act the term 'nursery stock' 
shall 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, except field, vegetable and 
flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots." 
However, there is another section which authorizes the Secretary by promulga- 
tion to bring other plants and plant products for propagation under the term 
"nursery stock." 
Section 7 provides "that whenever, in order to prevent the introduction into 
the United States of any tree, plant, or fruit disease or of any injurious insect, 
new to or not theretofore widely prevalent or distributed within and throughout 
the United States, the Secretary of Agriculture shall determine that it is neces- 
sary to forbid the importation into the United States of any class of nursery 
stock or of any other class of plants, fruits; vegetables, roots, bulbs, seeds, or 
other plant products from a country or locality where such disease or insect 
infestation exists, he shall promulgate such determination, specifying the 
country and locality and the class of nursery stock or other class of plants, 
fruits, vegetables, roots, bulbs, seeds, or other plant products which, in his 
opinion, should be excluded. Following the promulgation of such determination 
by the Secretary of Agriculture, and until the withdrawal of the said promulga- 
tion by him, the importation of the class of nursery stock or of other class of 
plants, fruits, vegetables, roots, bulbs, seeds, or other plant products specified 
in the said promulgation from the country and locality therein named, regardless 
of the use for which the same is intended, is hereby prohibited." 
There are two features of this section to be especially noted : First, it does 
not cover all injurious pests but only those new to or not theretofore widely 
prevalent or distributed within and throughout the United States. Second, it is 
not the Secretary's determination that excludes the articles specified; he is 
authorized merely to determine that their exclusion is necessary and to promul- 
gate that determination and then the act of Congress excludes them. None 
of the products so specified is eligible for importation, even under restriction. 
It will be noted in all these Plant Quarantine Act sections that jurisdiction of 
the Secretary extends only to nursery stock as defined except where other plants 
and plant products not defined as nursery stock may be considered dangerous, 
such plants and plant products may by promulgation of the Secretary be brought 
under his jurisdiction as nursery stock as contemplated in the Plant Quarantine 
Act. However, in no case does the jurisdiction extend beyond nursery stock. 
We are informed by legal authorities that section 1 means that from countries 
where official inspection exists a permit must be issued by the Secretary for 
nursery stock when requested. The Secretary can prescribe conditions and 
regulations providing that the nursery stock must be free of insect pests and 
plant diseases and subject to departmental inspection to determine whether or 
not they are so free, but the permit must be issued. 
Section 7 means that when the Secretary has promulgated his determination 
thereunder to the effect that the nursery stock or other plant products are 
likely to introduce into the United States any tree, plant, or fruit disease or 
any injurious insect new to or not theretofore widelv prevalent and distributed 
within and throughout the United States that thereafter all such nursery stock 
and other plant products are definitely excluded entirely and can not 'be im- 
ported for any purpose under any conditions except by the Department for ex- 
perimental or scientific purposes. In tbis case we are advised that it is not the 
Secretary's determinations that exclude the article specified, that be is author 
ized merely to determine that their exclusion is necessary mid to promulgate 
that determination and then the act of Congress, the Planl Quarantine Act 
excludes them. Whatever authority there is in the Plant Quarantine \ct I 
am advised, touching re-ulntions governing die importation of nursery slock." is 
1l'7i.T4 — 39 :>, 
