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PLANT QUARANTINE ACT OF AUGUST 20, 1912. ACT AUGUST 20, 1912, c. 308. An act to regulate the importation of nursery

stock and other plants and plant products; 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. (37 Stat. 315.) Importation, etc., of nursery stock without a permit and a certificate of inspec

tion, unlawful; permit issued on compliance with regulations under act; importation of nursery stock by Department of Agriculture for experimental or scientific purposes; importations from countries having no inspection. That it shall be unlawful for any person to import or 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, and unless such nursery stock shall be accompanied by a certificate of inspection, in manner and form as required by the Secretary of Agriculture, of the proper official of the country from which the importation is made, to the effect that the stock has been thoroughly inspected and is believed to be free from injurious plant diseases and insect pests: Provided, That the Secretary of Agriculture shall issue the permit for any particular importation of nursery stock when the conditions and regulations as prescribed in this Act shall have been complied with: Provided further, That nursery stock may be imported for experimental or scientific purposes by the Department of Agriculture upon such conditions and under such regulations as the said

Secretary of Agriculture may prescribe: And provided further, That nursery stock imported from countries where no official system of inspection for such stock is maintained may be admitted upon such conditions and under such regulations as the Secretary of Agriculture may prescribe.

Act August 20, 1912, c. 308, s. 1, 37 Stat. 315. Notification of Secretary of Agriculture and proper State, etc., oficials of arrival

of imported nursery stock at port of entry; interstate shipment of imported nursery stock without such notification, or without inspection, forbidden. 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 port of entry; that the person receiving such stock at port of entry shall, immediately upon entry and before such stock is delivered for shipment or removed from the port of entry, advise the Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or the District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, of the name and address of the consignee, the nature and quantity of the stock it is proposed to ship, and the country and locality where'the same was grown. That no person shall ship or offer for shipment from one State or Territory or District of the United States into any other State or Territory or Distict, any nursery stock imported into the United States without notifying the Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, immediately upon the delivery

of the said stock for shipment, of the name and address of the consignee, of the nature and quantity of stock it is proposed to ship, and the country and locality where the same was grown, unless and until such imported stock has been inspected by the proper official of a State, Territory, or District of the United States.

Act August 20, 1912, c. 308, s. 2, 37 Stat. 316. Importation, etc., of nursery stock unless case, box, etc., thereof be marked as

to nature and quantity of contents, country, etc., where grown, name and address of shipper, etc., and of consignee, forbidden. Sec. 3. That no person 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 general nature and quantity of the contents, the country and locality 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.

Act August 20, 1912, c. 308, s. 3, 37 Stat. 316. Interstate shipment, etc., of imported nursery stock, the case, box, etc., whereof

is not marked as required by section 3, forbidden, unless such nursery stock has been inspected. Sec. 4. That no person shall ship or deliver for shipment from one State or Territory or District of the United States into any other State or Territory or District any such imported nursery stock the case, box, package, crate, bale, or bundle whereof is not plainly marked so as to show the general nature and quantity of the contents, the name and address of the consignee, and the country and locality where such stock was grown, unless and until such imported stock has been inspected by the proper official of a State, Territory, or District of the United States.

Act August 20, 1912, c. 308, s. 4, 37 Stat. 316. Determination, and promulgation thereof, that unrestricted importation of

plants, etc., and plant products, other than nursery stock, may result in introduction of injurious plant diseases or insect pests; importation of such plants and plant products, after such promulgation, subject to provi

sions of sections 1-4 of act; public hearings before such promulgation. Sec. 5. That whenever the Secretary of Agriculture shall determine that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not included by the term“ nursery

stock as defined in section six of this Act may result in the entry into the United States or any of its Territories or Districts of injurious plant diseases or insect pests, he shall promulgate his determination, specifying the class of plants and plant products the importation of which shall be restricted and the country and locality where they are grown, and thereafter, and until such promulgation is withdrawn, such plants and plant products imported or offered for import into the United States or any of its Territories or Districts shall be subject to all the provisions of the foregoing sections of this Act: Provided, That before the Secretary of Agriculture shall promulgate his determination that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not included by the term “

nursery stock as defined in section six of this Act may result in the entry into the

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United States or any of its Territories or Districts of injurious plant diseases or insect pests he shall

, after due notice, give a public hearing, under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney.

Act August 20, 1912, c. 308, s. 5, 37 Stat. 316. Definition of term “nursery stock" as used in act.

Sec. 6. 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.

Act August 20, 1912, c. 308, s. 6, 37 Stat. 317. Determination, and promulgation thereof, of necessity of forbidding importation

of nursery stock, other than plants, etc., and plant products, in order to prevent introduction of plant, etc., diseases or injurious insects new to or not widely prevalent in United States; importation of such nursery stock and other plants, etc., and plant products, after such promulgation, prohibited notwithstanding certificates of inspection and regardless of use for which same is intended; public hearings before such promulgation. Sec. 7. 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 necessary 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 promulgation 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; and until the withdrawal of the said promulgation by the Secretary of Agriculture, and notwithstanding that such class of nursery stock, or other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products be accompanied by a certificate of inspection from the country of importation, no person shall import or offer for entry into the United States from any country or locality specified in such promulgation, any of the class of nursery stock or of other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products named therein, regardless of the use for which the same is intended : Provided, That before the Secretary of Agriculture shall promulgate his determination that it is necessary to forbid the importation into the United States of the articles named in this section he shall, after due notice to interested parties, give a public hearing, under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney: Provided further, That the quarantine provisions of this section, as applying to the white-pine blister rust, potato wart, and the Mediterranean fruit fly, shall become and be effective upon the passage of this Act.

Act August 20, 1912, c. 308, s. 7, 37 Stat. 317. Quarantine of State or Territory, etc., or portion thereot, where dangerous plant

disease or insect infestation exists; notice of quarantine; shipment, etc., transportation, etc., of nursery stock and other plants, etc., and plant products, from quarantined State or Territory, etc., or portion thereof, forbidden, except as otherwise provided; moving, etc., nursery stock or other plants, etc., or plant products specified in notice of quarantine, in manner, etc., other than prescribed, unlawful; regulations for inspection, disinfection, certification, and method, etc., of shipment, etc., of nursery stock and other plants, etc., and plant products, specified in notice of quarantine; notice of such regulation; public hearings before promulgation of regulations. Sec. 8. That the Secretary of Agriculture is authorized and directed to quarantine any State, Territory, or District of the United States, or any portion thereof, when he shall determine the fact that a dangerous plant disease or insect infestation, new to or not theretofore widely prevalent or distributed within and throughout the United States, exists in such State or Territory or District; and the Secretary of Agriculture is directed to give notice of the establishment of such quarantine to common carriers doing business in or through such quarantined area, and shall publish in such newspapers in the quarantined area as he shall select notice of the establishment of quarantine. That no person shall ship or offer for shipment to any common carrier, nor shall any common carrier receive for transportation or transport, nor shall any person carry or transport from any quarantined State or Territory or District of the United States, or from any quarantined portion thereof, into or through any other State or Territory or District, any class of nursery stock or any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products specified in the notice of quarantine except as hereinafter provided. That it shall be unlawful to move, or allow to be moved, any class of nursery stock or any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products specified in the notice of quarantine hereinbefore provided, and regardless of the use for which the same is intended, from any quarantined State or Territory or District of the United States, or quarantined portion thereof, into or through any other State or Territory or District, in manner or method or under conditions other than those prescribed by the Secretary of Agriculture. That it shall be the duty of the Secretary of Agriculture 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 the class of nursery stock or of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products specified in the notice of quarantine hereinbefore provided, and regardless of the use for which the same is intended, from a quarantined State or Territory or District of the United States, or quarantined portion thereof, into or through any other State or Territory or District; and the Secretary of Agriculture shall give notice of such rules and regulations as hereinbefore provided in this section for the notice of the establishment of quarantine: Provided, That before the Secretary of Agriculture shall promulgate his determination that it is necessary to quarantine any State, Territory, or District of the United States, or portion thereof, under the authority given in this section, he shalí, after due notice to interested parties, give a public hearing under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney.

Act August 20, 1912, c. 308, s. 8, 37 Stat. 318. Regulations for carrying out purposes of act.

Sec. 9. That the Secretary of Agriculture shall make and promulgate such rules and regulations as may be necessary for carrying out the purposes of this Act.

Act August 20, 1912, c. 308, s. 9, 37 Stat. 318. Violations of provisions of act, or the forging, etc., of certificates provided for

in act, a misdemeanor; punishment; common carrier not to be deemed to have violated act on proof it did not knowingly transport nursery stock or other plants or plant products; duty of district attorneys to prosecute for violations of act. Sec. 10. That any person who shall violate any of the provisions of this Act, or who shall forge, counterfeit, alter, deface, or destroy any certificate provided for in this Act or in the regulations of the Secretary of Agriculture, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year, or both such fine and imprisonment, in the discretion of the court: Provided, That no common carrier shall be deemed to have violated the provisions of any of the foregoing sections of this Act on proof that such carrier did not knowingly receive for transportation or transport nursery stock or other plants or plant products as such from one State, Territory, or District of the United States into or through any other State, Territory, or District; and it shall be the duty of the United States attorneys diligently to prosecute any violations of this Act which are brought to their attention by the Secretary of Agriculture or which come to their notice by other means.

Act August 20, 1912, c. 308, s. 10, 37 Stat. 318. Construction of word “ person as used in act; liability of corporations, etc.,

for acts, omissions, etc., of officers, agents, employees, etc. Sec. 11. That the word "person" as used in this Act shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. When construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person.

Act August 20, 1912, c. 308, s. 11, 37 Stat. 319. Appointment of Federal Horticultural Board for carrying out provisions of act

Sec. 12. That for the purpose of carrying out the provisions of this Act there shall be appointed by the Secretary of Agriculture from existing bureaus and offices in the Department of Agriculture,

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