BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE [Jan.-Mar. 
AMENDMENT NO. 1 TO RULES AND REGULATIONS SUPPLEMENTAL TO NOTICE OF 
QUARANTINE NO. 38 (REVISED) 
(Approved Feb. 5, 1935; effective Feb. 20, 1935) 
Under authority conferred by the Plant Quarantine Act of August 20, 1912 
(37 Stat. 315), as amended by the act of Congress approved March 4, 1917 (39 
Stat. 1134, 1165), it is ordered that regulation 2 of the rules and regulations sup- 
plemental to Notice of Quarantine No. 38 (revised), on account of the black 
stem rust, which were promulgated on June 24, 1931, be and the same is hereby 
amended to read as follows: 
Regulation 2. Restrictions on the Movement of Berberis and Mahonia 
(a) No Berberis or Mahonia shall be moved or allowed to be moved interstate 
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, Mich- 
igan. Minnesota, Montana, Nebraska, North Dakota, Ohio, South Dakota, Wis- 
consin, and Wyoming, nor from any one of said protected States into any otber 
protected State, unless a permit shall have been issued 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 {Berberis 
thunbergii) or any of its horticultural varieties, or of cuttings (without roots) 
of Mahonia shipped for decorative purposes and not for propagation. 
(b) 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 in- 
terstate into any of the said protected States, and no permit will be issued 
authorizing such movement. 
(c) No restrictions are placed by these regulations on the interstate movement 
of Berberis or Mahonia consigned to destinations located outside the 13 protected 
States named herein. 
This amendment shall be effective on and after February 20, 1935. 
Done at the city of Washington this 5th day of February 1935. 
Witness my hand and the seal of the United States Department of Agriculture. 
[seal] H. A. Wallace, 
Secretary of Agriculture. 
[Copies of foregoing amendment were sent to all common carriers in the United 
States.] 
Notice to General Public Through Newspapers 
United States Department of Agriculture, 
Bureau of Entomology and Plant Quarantine. 
Washington, D. C, February 5, 1935. 
Notice is hereby given that the Secretary of Agriculture, under authority 
conferred on him by the Plant Quarantine 'Act of August 20, 1912 (37 Stat. 
315), as amended, has promulgated an amendment to the rules and regulations 
supplemental to Notice of Quarantine No. 38 (revised), on account of the black- 
stem rust, effective on and after February 20, 1935. The amendment removes 
all restrictions against the interstate movement of mahonia cuttings (without 
roots) when shipped for decorative purposes and not for propagation. Copies 
of the amendment may be obtained from the Bureau of Entomology and Plant 
Quarantine, Washington, D. C. 
H. A. Wallace. 
Secretary of Agriculture. 
[Published in New York World-Telegram, New York, N. Y., Feb. 18, 1935.] 
Instructions to Postmasters 
Post Office Department, 
Third Assistant Postmaster General. 
Washington. D. C, February 5, 19S5. 
Quarantine Order No. 38 on account of the black-stem rust has been revised 
by the Secretary of Agriculture by removing all restrictions against the move- 
