366 
THE NATIONAL NURSERYMAN 
IN THE SENATE OF THE UNITED STATES 
June 23, 1911 
Mr. Burnham introduced the following bill; which was’read twice and 
referred to the Committee on Agriculture and Forestry 
A BILL 
To regulate the importation and interstate transportation of nursery 
stock, to enable the Secretary of Agriculture to establish and maintain 
quarantine districts for plant diseases and insect pests, to permit and 
regulate the movement of fruits, plants,' and vegetables therefrom, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress Assembled, That it shall be un¬ 
lawful for any person, firm, or corporation to import or offer for entry 
into the United States from any foreign country 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 Sec¬ 
retary may prescribe, and unless such nursery stock shall be accom¬ 
panied by a certificate of inspection in manner and form as required by 
the Secretary of Agriculture from the proper official of the country 
from which the importation is made to the effect that the stock has been 
inspected and found free from injurious plant diseases and insect pests: 
(From this to end of paragraph not in House bill.) Provided, That 
this section shall not be construed as applying to plants or plant products 
solely intended for and adapted to use as food, but to nursery stock or 
other plants or plant products for propagation: Provided further. 
That nurserv stock may be imported for experimental or scientific 
purposes, without the certificate of inspection or the permit of the 
Secretary of Agriculture hereinbefore required, upon such conditions 
and under such regulations as the Secretary of Agriculture may pre¬ 
scribe: And provided further. That nursery stock imported from 
countries where no official system of inspection for such stock is main¬ 
tained, may be admitted upon such conditions and under such regula¬ 
tions as the Secretary of Agriculture may prescribe. 
Sec. 2. That it shall be the duty of the Secretary of the Treasury 
promptly to notify the Secretary of Agriculture of the arrival of any 
nursery stock at ports of entry; that the person, firm, or corporation 
receiving such stock at port of entry shall (House Bill reads: That the 
importer of such stock shall immediately upon entry etc.) immediately 
upon entry and before such stock is delivered for shipment or removed 
from the port of entry, advi.se the Secretary of Agriculture or his agent 
designated for the- purpose in the State to which such nursery stock is 
destined, as the Secretary of Agriculture may elect, of the name and 
address of the consignee, the [nature and] (not in House Bill) quantity 
of stock it is proposed to ship and the district and country where grown; 
that no person, firm, or corporation shall ship or offer for shipment to 
any common carrier, nor shall any common carrier transport or receive 
for transportation, any nursery stock imported into the United States 
from one State or Territory or the District of Columbia into another 
State or Territory or the District of Columbia without notifying the 
Secretary of Agriculture or his agent designated for the purpose in the 
State to which such nursery stock is destined, as the Secretary of 
Agriculture may elect, immediately upon the delivery of the said stock 
for shipment and before transportation is begun, of the name and 
address of the consignee, of the [nature and] (not in House Bill) quantity 
of stock it is proposed to ship, and the country and district where the 
same was grown. 
Sec. 3. That no person, firm, or corporation shall import or offer 
for entry into the United States any nursery stock unless the case, box, 
package, crate, bale, or bundle thereof shall be plainly and correctly 
marked to show the nature [and quantity] (not in House Bill) of the 
contents, the country and district where the same was grown, the name 
and address of the shipper, owner, or person shipping or forwarding the 
same, and the name and address of the consignee. 
Sec. 4. That no person, firm, or corporation shall ship or deliver 
for shipment to any • common carrier, nor shall any common carrier 
accept for transportation or transport from one State or Territory or the 
District of Columbia into another State or Territory or the District of 
Columbia, any nursery stock, the case, box, package, crate, bale, or 
bundle whereoi' is not plainly (House Bill says “Plainly and correctly 
marked”) marked so as to show the nature [and quantity] (not in House 
Bill) of the contents, the name and address of the consignee, and the 
country or district where such stock was grown. 
Sec. 5. That the Secretary of Agriculture be, and he is hereby, 
authorized to make such rules and regulations as may be necessary for 
carrying out the purposes of this Act. 
Sec. 6. That whenever, in order to prevent the introduction from 
any foreign country into the United States of any tree, plant, or fruit 
disease, or of any injurious insect, the Secretary of Agriculture shall 
determine that it is necessary to forbid the importation into the United 
States of nursery stock or of any class of fruits, vegetables, bulbs, plants, 
and seeds from a country where such disease or insect infestation exists, 
he shall promulgate such determination, specify the country and 
district, and the nursery stock or the class of fruits, vegetables, .bulbs, 
plants, or seeds which, in his opinion, should be excluded, and, following 
the promulgation of such determination by the said Secretary and until 
the withdrawal of the said promulgation by him, the importation of 
nursery stock or of the class of fruits, vegetables, bulbs, plants, or seeds 
specified in the said promulgation, from the country and district therein 
named, regardless of the use for which the same is intended, is hereby 
prohibited, and until the withdrawal of the said promulgation by the 
said Secretary, and notwithstanding that such nursery stock, fruits, 
vegetables, bulbs, plants, or seeds be accompanied by a certificate of 
inspection from the country of importation, no person, firm, or corpora¬ 
tion shall import or offer for entry into the United States from any 
foreign country specified in such promulgation any of the nursery stock 
or of the class of fruits, vegetables', bulbs, plants, or seeds named therein, 
regardless of the use for which the same is intended. 
(House Bill says, and following the words:—“and he is hereby 
authorized, within thirty days, next following the promulgation of such 
determination and for such length of time thereafter as in his judgrnent 
is necessary, to deliver or refuse to deliver, as in his judgment is proper, 
permits for the importation of nursery stock or of the class of fruits, 
vegetables, bulbs, plants, or seeds specified in his promulgation from the 
country and district therein named, and after the promulgation of such 
determination by the Secretary of Agriculture and until the withdrawal 
of the same by him, no person, firm or corporation shall import or offer 
for entry into the United States from any foreign country specified in 
such promulgation, any of the nursery stock or of the class of fruits, 
vegetables, bulbs, plants, or seeds named therein, unless or until a 
permit therefor has been first obtained from the Secretary of Agri¬ 
culture.) 
Sec. 7. That the Secretary of Agriculture is authorized and 
directed to quarantine any State or Territory or the District of Columbia 
or any portion thereof, when he shall determine the fact that a dangerous 
plant disease or insect infestation exists in such State, Territory, or 
District of Columbia; and the said Secretary is directed to give notice 
of the establishment of such quarantine to common carriers doing busi¬ 
ness in or through such quarantined area, and shall publish in such news¬ 
papers in the quarantined area as he shall select notice of the establish¬ 
ment of quarantine; that no person, firm, or corporation shall ship or 
offer for shipment to any common carrier, nor shall any common carrier 
receive for transportation or transport, nor shall any person, firm, or 
corporation carry or transport from any quarantined State or Territory 
or the District of Columbia, or from the quarantined portion thereof, 
into or through any other State or Territory or the District of Columbia, 
any nursery stock or any fnrits, vegetables, bulbs, plants, or seeds, 
except as hereinafter provided; that it shall be unlawful to move, or 
allow to be moved, any nursery stock, or any fruits, vegetables, bulbs, 
plants, or seeds [specified in the notice of quarantine hereinbefore 
provided, and regardless of the use for which the same is intended] 
(not in House Bill) from any quarantined State or Territory or the 
District of Columbia, or quarantined portion thereof, into or through 
any other State or Territory or the District of Columbia, in manner or 
method or under conditions other than those prescribed by the Secre¬ 
tary of Agriculture; that it shall be the duty of the Secretary of Agri¬ 
culture to make and promulgate rules and regulations which shall permit 
and govern the inspection, disinfection, certification, and method and 
manner of delivery and shipment of nursery stock, or any fruits, 
vegetables, bulbs, plants, or seeds [specified in the notice of 
quarantine hereinbefore provided, and regardless of the use for which 
