TJTE NATIONAL NURSERYMAN 
to inspect any orchard, fruit or garden i)lantation, park, cemetery, 
Ijrivate premises, public idace, and any place which might become 
infested with dangerous or harmful insects or plant diseases. Me 
shall also have the authority to inspect or re-inspect at any 
time or ])lace any nursery stock shipped in or into the state and 
to treat it as hereinafter provided. 
Suggestion. That the words “Subject to the provisions in sec¬ 
tion 18” should be inserted after the w'ords “Shall insiiect” so that 
it will read “The State Inspector or his deputies, hereinafter pro¬ 
vided, shall insi)ect subject to the provisions in Section 17, etc., 
etc.” 
4. —The state nursery inspector with the approval of the (Gov¬ 
ernor) (Commissioner of Agriculture) (Secretary of Agriculture) 
(State Horticultural Commission) is hereby empowered to quar¬ 
antine any private or public place or any area of the state (or 
commonwealth) containing dangerously infested or infected nur¬ 
sery stock or plant material of any kind for such periods and un¬ 
der such conditions as in his judgment seems necessary in order 
to prevent the further spread of the infestation or infection and 
during the existence of such quarantine no person, firm, corpora¬ 
tion or public carrier shall remove or ship any plant material 
whatsoever from this quarantined area, excejJt by special permis¬ 
sion (certificate) of the inspector. 
Suggestion. That after the words “shall remove or ship any” 
in the last lines of this paragraph, the words "such infested or 
infected” should be added, making the lines read “shall remove 
or ship any infested or infected plant material etc., etc.” 
5. —The state inspector with the approval of the (Governor) 
(Commissioner of Agriculture) (State Horticultural Commission) 
shall have the power to prescribe such rules and regulations as 
may be needed to carry out the provisions of this act, and may 
publish an annual report describing the various phrases of the 
inspection work, or may publish such other information as may 
seem desirable concerning the inspection and such insects and 
diseases as are concerned in this act. 
Suggestion. That the first line should read “The State Inspect¬ 
or, under the approval of the Board of Control, shall have the 
power, etc., etc.” 
G.—The state inspector shall maintain with the Federal Hor¬ 
ticultural Board a complete list of the inspected and certificated 
or licensed nurseries and dealers of the state, which list shall be 
available to the official nursery inspectors of other states (com¬ 
monwealths). 
APPEAL 
7. —An appeal from the orders of the state inspector which 
shall stay proceedings, may be taken within five days from the 
service of any notice, with the (Commissioner of Agriculture) 
(State Horticultural Commissioner) (State Board of Horticulture) 
(Secretary of Agriculture) (Director of the Agricultural Experi¬ 
ment Station) (State Board of Agriculture) whose decision hi 
the case shall be final. 
Suggestion. That the appeal from the order of the State In 
spector may be taken with the “Board of Control.” 
DEFINITION OF TER:MS. 
8. —The term “nursery stock” within the meaning of this act 
shall include all fruit, ornamental, shade or forest trees, and all 
small fruit or ornamental bushes and vines (except herbaceous 
annuals) and shall likewise include all woody budsticks, scions 
or seedlings of any description whatsoever which may be a 
medium for disseminating injurious insect pests or coniagious 
plant diseases. (The term shall also include such greenhouse 
or field grown plants or propagating stock, cut flowers from 
plants of any kind growing in the state, seeds, pits, bulbs, roots 
or parts thereof, which may be a medium, etc.) (This latter class¬ 
ification is advisable for adoption under this term by only the 
southern states and California.”—J. G. S.) 
9. —The term “nursery” is hereby construed as any grounds or 
premises on which nursery stock is propagated, grown or expos¬ 
ed for sale or on which nursery stock is being fumigated, packed 
or stored. 
10. —The term “dealer” shall be construed to apply to any in¬ 
dividual, partnership or corporation not growers of nursery 
stock, who buy nursery stock for the purpose of reselling and 
reshipping under their own name or title, independently of any 
control of a nursery. 
fl.—The term “agent” shall be construed as applying to any 
individual, partnership or corporation selling nursery stock un¬ 
der the partial control of a nurseryman who grows the stock 
which he offers for sale, or of a dealer. This term shall also ap¬ 
ply to any cooperative basis for handling nursery stock with the 
grower or dealer as specified. 
Suggestion. That this paragraph should read as follows: — 
“The term agent shall be construed as applying to any individual, 
partnership or corporation selling nursery stock under the par¬ 
tial or full control of a nurseryman who grows the stock which 
he offers for sale, or under the partial or full control of a dealer, 
etc., etc.” 
12. —The singular and i)lural forms of any word or terjn in 
(this act) (sections- to -, inclusive) shall be construed as 
interchangeable and e(iulvalent within the meaning of the act. 
13. —The terms “insects” and “plant diseases” appearing in 
(this act) sections —— to-, inclusive) shall be construed to 
include any stage or stages of develoi)ment of the aforesaid in¬ 
sects or ])lant diseases. 
DISEASED STOGK ON PREMISES. 
14. —It shall be unlawful for any person, firm or corporation in 
this state engaged in the growing and propagation of nursery 
stock to knowingly permit any dangerous insect or contagious 
plant disease, hereby declared to be a public nuisance, to exist in 
their nurseries or on their property adjacent to the nurseries. It 
shall also be unlawful to sell or offer for sale any such infested 
or infected stock. 
15. —In case the inspector shall find present on any nursery 
l)remises or ])acking ground or in any cellar or building used for 
storage of nursery stock, any injurious insects or plant diseases, 
he shall notify the owner or person having charge of the premises 
in writing to that effect, and shall withhold his certificate-license 
until the premises are freed from such injurious insects or ’plant 
diseases, as hereinafter provided. If such owner after receiving 
such notice shall ship or deliver any such infested nursery stock, 
he shall be subject to payment of penalty or forfeiture as here¬ 
inafter provided. 
16. —If the inspector in carrying out the provisions of (this act) 
(sections-to -, inclusive) shall find on examination any 
nursery, orchard, small fruit plantation, park, cemetery, or any 
private or public premises infested with injurious insects or plant 
diseases, he shall notify the owner or person having charge of 
such premises in writing to that effect, and the owner or person 
having charge of the premises shall within ten days after such 
notice cause the removal and destruction of such trees, plants, 
or shrubs if incapable of successful treatment; otherwise, cause 
them to be treated as the inspector may direct. No damages 
shall be awarded to the owner tor the loss of infested or infected 
trees, plants or shrubs under this act. 
17. —In case the owner or person in charge of such infested or 
infected trees, plants or shrubs, shall refuse or neglect to carry 
out the orders of the inspector within ten days after receiving 
written notice, the inspector in the absence of an appeal, may pro¬ 
ceed to treat or destroy the infested or infected plants, and the 
expense therefore shall (be collectable in the proper court) (act 
as a lien on the property until paid. ) 
APPLICATION FOR INSPECTION. 
18. —Nurserymen shall make application before July 1st of each 
year to the state nursery inspector for inspection of their stock, 
and anyone failing to comply with this section shall be liable for 
extra charges to cover traveling expenses of the inspector. 
NURSERY CERTIFICATE LICENSE. 
19. —The state nursery inspector shall cause to be issued to 
owners of any nursery in the state after the stock has been 
officially inspected and found to be apparently free from injurious 
insects or plant diseases, a certificate setting forth the tact of 
such inspection and the number of acres or fraction thereof in¬ 
spected and may issue a license permitting such nursery to offer 
said nursery stock for sale. In case dangerous insects or plant 
diseases are discovered in a nursery, the certifi-cate-license shall 
be withheld until the nuisance has been abated as provided else¬ 
where in this act. Said license and certificate shall be valid not 
to exceed one year from (June) (July) 1st. The state inspector 
shall at any time have the powder to revoke any license for suf¬ 
ficient cause, including any violation of (this act) (sections - 
to -, inclusive) or non-conformity with rules or regulations as 
promulgated under this law. 
Suggestion. Omit the words “and may issue a license permit¬ 
ting such nursery to offer said nursery stock for sale” also omit 
the word “license” wJierever it may occur thereafter in this i)ara- 
graph. 
DEALER’S LICENSE. 
20. —All dealers within the meaning of this act, engaged in sell¬ 
ing nursery stock in this state, shall secure a dealer s license by 
furnishing a sworn affadavit that he will sell only stock which 
has been duly inspected and certified by an official state inspect¬ 
or; and that he will maintain with the state inspector a list of all 
sources whence he secures his stock. 
Suggestion. Alake the first line read “All dealers located "'ith- 
in or without the state, within the meaning of this Act, etc., etc. 
Also insert the words “buy and” so that the line will read “fur¬ 
nish a sworn affidavit that he will buy and sell, etc. 
