SB
38
AG
Cor
81.A6
uaranti

Ti”

3 1924
See ey

PLANT QUARANTINE CONFERENCE--MAY 15, 1922.6

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_. _ For the information of the conference there is presented herewith on anal-
ysis of the general subject which is before it for consideration, namely, the
‘necessity, if any, of modification of the classes of plants pemitted entry under
Regulation 5 of Quarantine 57, either as to additions or deductions. This portion
of the circular amounts merely to a statement of the problem, leaving the decision
as to future action to follow any constructive suggestions which may develop at
the conference. There is, however, included in subsequent pages of this circular

a discussion of a number of subjects which have a direct bearing on Quarantine 37
and its administration.

The subjects included in this circular are indicated below:

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Steps Leading to the ConferencO.cescosecesncescecceacesaregotasecosces

Selective Features, The Real Difficulty With Quarantine B%ecesceoccoee

Reasons for Restrictions on Issuance of Special Permits to Amateurse..

Designation of New Varieties escoaconcccsccesccscccedoeesorvceacasccese

Amendments to the Plant Quarantine AC ewes sisie.e owe e 0 Os.050 we Oe SHOE OW Ee

Plant Importations--Policy of the Department .cocccsecscesscecnvcvecsce

Record of Conferences and Discussion Afforded Prior to Promulgation

of Q uarantine Bleacnccesnavaessesessccaercasrsaresossvneccasnesavon

The Federal Horticultural Boarde=Its Functionocceacvccccccccecsscccece

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C. Ie MARLATT,
Chairman, Federal Horticultural Board.
bet me.

PLANT QUARANTINE CONFERENCE--tAY 15, 1922.

PURPOSE OF CONFERENCE

In the first place, as the call indicated, this is e conference of the
interested public with this Department and not a formal hearing under the Plant
Quarantine Act.

Constructive Sugvestions Wanted.

 

As has been frequently stated, this Department has no progrem of recommen-
dations, but hes asked you to come together to discuss the advisability of any
modifications of the classes of plants permitted entry under permit for immediate
sale under Regulation 3 of Quarantine 37, either as to additions or deductions,
and hopes from this discussion to secure from the conference information that will
clearly justify the existing status or indicate necessary changes.

To give some direction to the discussion, however, it seems desirable to
state the case.

Basic Frinciple of Quarantine 37.

 

Fundamental to this conference and to Guereantine 37 and to the protection
of the country from the entry of new pests, is an understanding and we hope ac-
ceptance of the general principle on which Quarantine 37 is based. This principle
has been variously stated, but it is fairly well expressed in the following workirg
which has been widely exploited and often criticiged:

The general principle underlying Quarantine 57 is
as rapidly as possible to make this country independent
of foreign supplies with the object of ultimately reach-
ing a condition where entry of foreign plants will be
limited to new plants and to such plants as are not
capable of production in the United States.

Wherever this or similar statements have been used in pronouncements by
this Department, the context has plainly indicated that this policy had the single
object of reducing the risk of further entry of dangerous plent pests.
poe (Some

ALL z Importat ions Involve Risk.

The quarantine recognizes the fact that any imoortation of plants is
attended with a risk of bringing in new enemies. Some of the worst pests have
egne in with very insignificant importations. A single trivial importation of
Japanese iris brought in the Japanese beetle; a few Japanese flowering cherry
trees introduced the Oriental fruit worm; the San Jose scale was brought in, in
like menner, with a syall importation of Chinese flowering peaches; a very un-
necessary importation from Holland of blue spruce--a native American tree--estab=
lished the gipsy moth widely in New Jersey; the browm-tail moth was introduced
through an importation of roses probably from Holland or. France; and an importation.

of seedlings of the American white pine, propagated in Germany , introduced the
pine blister rust which now threatens to wipe out our white pine forests. The
chestnut blight, similarly introduced with a trivial importation of Oriental chest
nut trees, very possibly to complete some collection of the chestnuts of the world,
bids fair to rapidly exterminate the native American chestnut which has hitherto
constituted a very considerable clement of the forests of the eastern half of the
United States.

To illustrate the rapidity with which such plont enemies were coming into
the United States, it may be noted that during the period of four years (1909=
1912) which it took, on account of opposition, to secure this legis tation, the
following pests of major importance secured entry and became established, namely:
the Oriental fruit worm, Japanese beetle, citrus canker, potato wart, and Buro-
peen corn borer.

No important vest is known to have become established in the United States
since the passage of the Act.

Provisions for Plant Importations.

Circular Letters 105 and 145, which ere aveileble here and which probably
most of you have seen, point.out the provisions for unrestricted entry of certain
classes of seeds and plant products under Regulation 2 of the quarantine, of un-
limited entry as to quantity or importer of certain other classes of plants under
Regulation 3, and of éntry restricted only to the necessities of introduction,
propagation, or experimental or scientific needs of all other classes of plants
under Regulation 14; in other words provision for the entry of any necessary or
useful plant whatsoever in cuantities sufficient to meet any reasonable need.

Under Regulation 14, therefore, any wnavaileble plant may be imported in
any quantity which is reasonable for the establishment of reproductiog plaitings
on any legitimate commercial scale or for entry of amy new varieties or for eny
plants which may be necessary for experimental or scientific purposes. Except as
to introductions for technical purposes, it is anticipated that the plants intro~
duced will be multiplied and increased so that ult imately further introductions
vulva

of these particular varieties will be unecessary; in other words, that there will

be a gradual reduction in the need for importations and of the attendant risk of
new enemies.

The quarantine, however, recognizes the need of a door perpetually open to
new varieties and to any other Plants which are not copable of production in the
United States. .

Classes of Plants Oven to Unlimited Inportation.

 

 

 

Taking up the main subject of this conference, namely, the various classes
of plants now included under Regulation 3, there are five items under this regu-
lation, but perhaps only three of them need to be seriously considered at this
time, namely, the items of bulbs, xruit stocks, cuttings, buds, etc., and rose
stocks. #ruit and tree seeds are not involved so far as this Department is con-
cerned. Some risk, known in some instances, and unknown as to others, attends
the importation of such seeds, but such risk can in large part be eliminated by
disinfection or, where necessary, by holding and propagating under quarantine.

‘The Bulb Subject.

a With respect to burbs, any change in that schedule should be based on
' gvailability and this factor should govern both in the matter of additions to
the List or to deductions therefrom. With respect to the bulb item, the Depart-
ment merely wishes to be advised and to act justly on the facts of the situation.

 

 

The subject of American production of fruit stocks is not a new one. It
has been seriously debated in recent years by nursery interests and, at the
‘recuest and with the support before Congress of these interests, a Federal ap-
propriation of $20,000 was secured in 1920, and has since been continued to
investigate the subject. This purpose is plainly indicated in the wording of
the appropriation, as follows:

‘For investigating, in cooperation with States or privately
ormed nurseries, methods of propagating fruit trees, ornamental
ard other plants, the study of stocks used in propogating such
plants and methods of growing stocks, for the purpose of providing
American sources of stocks, cuttings, or other propegating materials,
$20,000."
5m

It is, therefore, desired to take stock of this work and to determine, 50
far as is now possible, a program for the future.

That there is a large risk in comection with the importation of fruit
stocks, and also rose stocks, has been strikingly demonstrated, particularly
during the last two seasons. In the case of both of these stocks now permitted
unlimited impcrtation, there hes been during these years an unusually heavy
infestation with the larval nests of the browm-tail moth and also with the similar
but smaller larval nests of the white tree pierid, an insect new to the United
States, which may vory possibly prove to be a serious enemy to the horticulture
of this country. Mest of this infestation has been on French stock and, in
response to a second and serious presentation of the case to the French inspection
authorities, this Department has been advised that important changes have beon
made in the inspection service of that country and assurances have been given
that every effort will be made to climinate any future cause for such complaint.

Rose Stecks.

As to rose stocks, these, at the time of the hearing in 1918, preliminary
to the quarantine, were represented by prominent rese growers of the country as
a necessity for the time being at least. Since the promulgation of the quarantine
many prominent rose growers and experts have advised the Department that the in-
clusion of rose stocks under Regulation 3 was unnecessary and an error, and that
rose stocks could be produced in this country as well as abroad, and that the
risk from the entry of this class of importations could be and should be elimin~
ated. The Bonord wants this subject, therefore, discussed and wishes the advice
of the rose intezxests on the matter.

Other Ornamentals.

I have already pointed out that the Department believes that Regulation 14
Will meet tho introduction needs of ornamental plants, both. herbaceous and woody,
but if any such ornamentals can not de produced in this country with the ample
provisions made for the entry of propagating stock, it is proper and desirable
that such items should be brought up for discussion at this time for inclusion
under the conditions of Regulation 3.

ea oes

This analysis covers the general subject for your consideration and, as
already indicated, the Department hopes to secure from the conference constructive
suggestions as to desirable changes waich can be made without material increase
of the risk of entry of pests.
mG me

There is, however, included in subsequent pages of this circular, drafted
for the information of the conference, a discussion of a number of subjects which
have a direct bearing on Quarantine 37 and its administration.

STEPS TEADING TO THE CONFERENCE.

Such a conference as the one now called has been under consideration for
a long time, and, in fact, was suggested by the Chairman of the Federal Horticul-
tural Board in August, 1919, in his address before the Society of American Flor-
ists and Ornamental Horticulturists at its annual session of that year in Detroit,
as indicated by the following extrects taken from the shorthand report of the con-~
vention published in the American Florist and in other florist journals:

We are perfectly willing to correct anything in the
‘quarantine that is unnecessary, and tho bulb matter may be
one of those.

We will be glad to heve your bulb men come in committee
or conference at any time at Washington. We would like to go
over the whole subject of bulbs because if there is any weak
spot in the quarantine it.is in the metter of bulbs.

In the same connection, referring to the sudject of orchids, he said:

We will be glad to receive a delegation with whom we
will go over thet matter. As to orchids, we acted on
information from our expert advisers. If there has been
a mistake there it con be corrected.

This q arantine is not necessarily final, but it is
final in my judgment as to the main lines or recommendations.

The orchid interests, or rather a faction of it, after various failures to
reach an agreement with the opposing faction, asked for a conference, which was
promptly granted. The division of opinion continued at this conference, fully
half of the attendance strongly supporting the quarantine features as they stood
and the other half objecting to them, but practically all admitted in the end that
under the provisions for entry of necessary propagating stock, production of
orchids from seed or otherwise in this country was entirely possible. There
seemed to be no justification, therefore, for any change in the orchid item.

No action by the bulb interests was, or has been, taken as to the suggested
conference. Tho Board, however, held two conferences in September, 1919, with the
bulb experts 9f the Bureau of Plant Industry of this Department end, while the
general feeling was that no change in the quarantine as to this item was necessary
or desirable, at the request of the Board, a call for a public conference was
drafted by the Bureau ef Plant Industry. This call was not immediately issued
end in the meantime the infcrmation c¢eming to the Board from various sources in-
dicated a lack of public interest in the subject. In other words, the possibility
v7 ee

of importing the restricted bulbs under special permit for the establishment of bulb
farms in this country had been so liberally and widely taken advantage of that it
vas thought that the announcement of a conference by the Department without special
vutside demand, would have an wnfortunate effect on the public confidence in the

— of the quarantine and on the existing very large development of home pro=
uc tiOn « ,

Tn May and June, 1921, delegations respectively of Belgian and Dutch horti-~
tulturists discussed with the Board particularly bulb importations and were promised
‘hat a public conference on the subject would be called at some future date. After
‘urther discussion with the experts of the Bureau of Plent Industry of the Depart-
ent the Board determined to call the conference early in 1922 but decided to open
‘or discussion the whole subject of plant importation under Regulation 3. The

‘easons. for the various changes of date of the conference have been indicated in
she announcements.

The Board has held other conferences. relative to Quarantine 37, publicly
mnounced or byrsquest of special groups, and action favorable to the conferees
las: been taken several times following such conferences. As indicated above, the
loard has always welcomed such conference and no requests of that kind have ever
een refused.

As indicating the policy of the Board.and Department concerning any future
hanges in the quaremtine, there is quoted below a portion of a letter written to
the editor of the Florists! Exchange January 4, 1922, and published in that Journal
nnd in other trade papers. This letter was called forth by rumors, for which the
ioard was not responsible, that additional restrictions were contemplated with
‘espect to the entry of bulbs and other classes of plants listed under Regulation 3
if Quarantine 37. This statement pointed out that no formal action had been taken
yy the Board and that if any action were to be taken in the future it would be after
pen conference on the subject and with the intention to give ample time--years if
lecessary--for readjustment, as indicated in the following quotation from the letter:

If, as a result of such canference, it should bo de-
termined to be desirable to still further restrict entry of
such articles, before such restrictions are enforced ample
time will be given for any necessary readjustments, both with
respect to the home and foreign growers of such plants, In
other words, the notice to foreign growers will be such as
Will be decmed adequate to meet the new conditions and re-
strictions, if any, dependent on the character of the plant
concerned==ons ‘to several years.« ~The intention would be to
give the foreign grower cpportunity to curtail his production
and dispose of supplies which he has already under way for
the American market and at the same time to give opportunity
for the American grower to prcpere to meet homo needs.
Naturally, any such curtailment, if determined upon, will
not be taken mtil it is clearly shown that American prox
duction cen within a reasonable time replace the stock there=
tofore imported.
mo Qe
SELECTIVE FEATURES, THE REAL DIFFICULLY WITH QUARANTINE 37.

The Department is enforcing 24 foreign plant quarantines and 15 domestic
plant quarantines, and all of these are working as smoothly as quarantines ordi-
narily work, and all are accepted without serious question except Quarantine 37.
<t is therefore worth while to attempt to determine wherein Quarantine 37 differs
from the others. A brief study of the ‘matter, I think, makes it plain that the
difficulty is due practically altogether to the selective features tinvolved in
this quarantine both as to the restrictions on the entry of foreign plants and
as to the restrictions on the issuance of permits to import plants, in both
instances with the object of reducing the volume of importations and consequent
risk of entry of any pests and yet to provide for alb essential introduction and
propagating needse These selective features are as follows:

L. As to plants, Quarantine 37 is selective in that it permits certain
classes to be freely imported, and restricts the importation of other classes.

2. As to the restricted plants, it is again selective as to varieties and
quantities, based on availability or need.

3. As to permittees with respect to restricted plants, it is selective on
the basis of the public service to be rendered with the plants imported.

The basis of the selections exercised by this Department, both with respect
to plants and individuals, is indicated in the quarantine and reguiations and is
more fully explained in Circular Tetters 105 and 145 issued by the Board.

It can easily be appreciated that these selective features afford ample
opportunity for difference of opinion, and this difficulty is inherent in any
quarantine of this nature and could not be avoided by any change in the machinery
of administration.

The records in the possession of the Department fully demonstrate that
importations of all classes of plants sre attended with a greeter or lesser risk
of bringing in new enemies in spite of any practicable safeguards of inspection or
even disinfection, The protection which the country needs and demands, therefore,
involves the exclusion of all stock not absolutely essential to the horticultural,
_floricultural and forestry needs of the United States, and that is just what Quar-

antine 37 attempts to do.

The only remedy which suggests itself appears to be impracticable, namely,
to declare a "really and truly" embargo against the introduction of all foreign
plants except as to entries made through the Department of Agriculture. Such a
quarentine would not only give the most perfect protection from the entry of for~
eigen plant pests but would probably eliminate most of the complaints because of
the finality of the actions The assumption of such importations by the Depart-
ment, however, would seem to involve such an enormous Govermmontal enterprisa as
a oe

to be unwieldy and undesirable. Unless some other and better plan, therefore, is

suggested , it seems necessary to proceed with a selective quarantine, along the
lines of Quarantine 37.

REASONS FOR RESTRICTIONS ON ISSUANCE OF SPECIAL PERMITS T0 AMATEURS.

: The policy of the Board and Department relative to issuance to amateurs of
special permits under Regulation 14 for the importation of restricted plants is
given in Board Circular Letters 105 and 145, which have been fairly widely dis-
tributed and published either in whole or in part in various horticultural and
trade journals.

The principal objections of the amateur plent grower to Quarantine 37
come from the selective feature already discussed involved in the policy of the
issuance of special permits for the importation of the restricted plants on the
basis of the public service rendered. The amateur plant grower, more than any
other group, is affected by this policy and, unfortunately, as elsewhere indicated,
it furnishes a subject for complaint which seems to be unavoidable. |

The Department thoroughly appreciates and sympathizes with the perfectly
natural desire of plant lovers and enthusiasts to import for their personal use
and the adorrment of their estates or gardens any new or old variety which they
may Wish to securee The reasons for the restrictions on the issuance of special
permits to such persons is discussed in Circular Tetter 145, as follows:

fhe Federal Horticultural Board and the Department of
Agriculture would be oniy too glad to meet the wishes of such
persons, and their name is legion, if it were not realized that
this action would practically nullify the quarantine. Persons
of this general type interested in plants are found in numbers
in every town and hamlet in the United States, and to permit any
or all of them to import plants for personal use in such con=
dition that they could grow them, would mean not only that the
plants would have to come, in many cases, in earth ready for
immediate planting-—~involving dangers of plant pest introductions
which can not be safeguarded by inspection or treatment—~but
that it would be absolutely impossible for this Department to
handle the tens of thousands of small importations which would
result, or to follov them wp to destinations throughout the
country with eny subsequent safeguards. There would rarely be
any public service of real value in connection with such im-
portations, such as making the new plants generally available
or utilid ng them for breeding or other work. Some essential
service of this sort should be the basis for the entry of the
various classes of plants which are not open to unlimited im-
portation. The mere personal gratification of hundreds or
~ 10m

thousands of individuals who might wish to make their own
importations would be small justification for the risk of
Carriage Of new pests to every part of the United States—ma
risk which would be vas tly greater than before Quarantine
3? was established.

This situation led to the exclusion of importations
for mere personal use or gratification, and to the limitation
of the issuance of special permits for the entry of new or
unavailable plants chiefly to plant propagators who will agree
to utilize the plants imported for the purpose of reproducing
additional stocks for a period of one to five years, based on
the time needed for such multiplication or reproductione The
immediate sale of plants thus imported is not permitted, but
no restrictions are placed on the sale of the plants produced
from the imported stock except that the importer will be ex-
pected to maintein a sufficient supply to meet his future needs.

It is expected, therefore, that importations under Regu-
lation 14 will be largely by persons who will propagate the
imported stock as a commercial enterprise and thus perform a
pubdlic service by making such plants generally evcilable. The
oniy exceptions are the issuance of pemits to provide for the
needs of botanic gardens, agricultural colleges, experiment
stations, and other similar public institutions, and to those
few amateurs who are widely or nationally known as maintaining
collections of real merit and open to the public, or engaged in
work of public benefit with the plants concerned. If such
persons are not known to the experts of this Department, they
will be required to furnish evidence of their status.

In the event, however, that the authorized agencies,
commercial or other, do not bring in varieties of plants which
enthusiastic plent lovers moy wish, the Department has made
special provision for the entry through its Office of Plant
Introduction of any neglected or overlooked new varieties and,
incidentally, this Office has been undoubtedly thé principal
agency for the importation of new plants into the United States
for the last twenty years.

To recapitulate, the existing provisions for the entry
of new or unavailable plants under Regulation 14 include (1)
all the importations which any commercial grower is willing to
make, and such commerciol growers include persons of world-wide
recognition as plant specialists and breeders; (2) importations
by botanic gardens and some hundred experiment stations and
other public institutions with enthusiastic experts in horticuli-
ture and floriculture; (3) importations by the leading and
recognized amateurs of the country, and (4) importations through
the Office of Foreign Seed and Plant Introduction of the Depart-
ment of Agriculture.

Under the plan, therefore, of Quarantine 357, it becomes
ii

necessary for persons who are neither commercial growers of
plants, or amateurs who are recognized as maintaining col-
lections of real merit, or engaged in research or other work
of distinct Public benefit with the plants concerned-=in other
words, the ordinary plant lover who wants the plants for his
own garden or the adornment of his own estate-~to secure new
varieties from home sources, and the Department has endeavored,
through the means cnumerated, to make available such new
varlevies of plants wrder methods which involve the least risk
to the horticulture ond agriculture of the country.

The status as tc public service of the amateur is determined as follows:

All requests for permits from ameteurs who believe
their collections are of real merit, and of distinct service
to the public, or who represent that they are engaged in
work cf general public berefit with the plants concerned,
are first submitted te the Bureau cf Plant Industry of this
Department for examination and recommendation end the status
of the applicants is further determined by endorsements sub-
mitted by the applicants themselves or by “xformation obtained
by the Department from all available sources.

The opportunity for criticism of such determinetions is fully realized, but
the Board has endeavored, from the sources indicated, to secure and file data with
respect to all applicants which may convince any fair-minded person of the reason-
ableness of the action taken.

Inasmuch as the enforcement of the Plant Quarantine Act is specifically
placed on the Department of Agriculture, it would seem thay determinations of this
sort, involving an appreciation of the merits and service character of the work of
any amateur, are best safeguarded by being submitted for decision to the many plant
experts of the Bureau of Plant Industry with their wide acquaintance with ornamental
horticulture, and that such decision should be supported by all available endorse-
ment and information obtainable from public sources or from persons closely in
touch with the activities of the applicants. The gates can not be thrown wide
open, otherwise, as already indicated, we would have no quarantine and no protection,
but it is highly desirable to recognize the important, but fairly limited, class of
amateurs who will perform a public service of real value with the plants imported,
and this has been the policy of the Board from the outset.

DESIGNATION OF NEW VARIETIES.

Various questions have been asked relative to the determination by the Depart-
ment of new varieties for the purpose of authorizing their importation under R egu-
lation 14. At the outset the Board wundersack to take the word and judgment of the
importer as to new varicties. But, wnforvnately, it soon developed that some
m1 2m

foreign exporters and some American importers were quite rea dg ond whe tome Gas
vantage of this liberality to import comon and abundantly avai lable stock under
false designations. Many such fraudulent atteants made it necessary for the
Board. to surround the designation of new varieties with certain safeguards andy
oe tet a gced mary cf the restrictions on the importation of plants, such
as the bond, for example, and other precautions which the Department has been
forced to adept, are due to just such attempts tu violete the quarantine. Unfor~

tunately, as i: aivays the case, tne innocent taust be restricted and made to
bear burdens cn account of the euilsye

isi Bureau of Piont Industry cooperates with the Board in the making of all
decisions relative to determination of the status of such new varieties, and all
such requests are first referred to that Bureou for recommendation.

This acticn is taken not cnly with respect to varieties which have been
officially recognized, either abroad or in this covntry as of merit, but also in
the case of any new varieties which have not been so recognized. With respect
to the Latter, the following order has been issued by the Board:

To aid the experts of the Departmen: in passing on
applications fox special permits to import new varieties
of plants which have not been officially recognized, either
abroad or in this country as of merit, the Board ruled that
the applicant shall be required to furnish a technical
description of such new variety, such as would be published
in exploiting it in a flurists' journal or similar publi-
cation. Where a variety has elready been rejected as lack-
ing special merit by a foreign society, before gronting a
pemit a further statement is to be secwred from the appli-~
cant as to his reasons for desiring it.

There are occasional instances when this information can not be furnished
and to meet such cases the Board has authorized the issuance of permits for
limited numbers of ney varieties for which neither names nor numbers or other
designations can be furnished in advance by the would-be importer, on the con-
dition that the foreign grower or originator shall submit for the information of
the Board, with the shipment, such data as is required by the Board with respect

to such new varieties.
AUENDMENTS TO THE PLANT QUARANTINE ACT.

The Plent Juerantine Act of 1912 has been amended three times, as follows:

March 4, 1913.--To include the second proviso to Section
%, which provides for importetions by the Department of Agricul-

ture of prohibited plants.
wad Bone

March 4, 1917.--Various changes were made in Section 8
for the purpose of making it possible to control, under the
Act, the movement of any product which might carry a pest; in
other wards, it was shown that quarry products, railroad ties,
otce, were perhaps the most dangerous source of carriage of
Sipsy moth eggs. Tn addition, the tct was changed to make
possible regional quarantines, the specific object being the
possibility cf quarantining the eastern half of the United
States on account of the white pine blister rust for the pro~
tection o the white or five-needle pines of the Rocky
Mount ain and Pacific Coast ranges; in other words, to make
it possible to cuarantine a region irrespective of infesta~
tion throughout for the protection of eny other region. Use
of this amendment has been made not only in the case of the
white pine blister rust, but also for the control of the bleck
stem rust of wheat in connection with the barberry rust cam
palgne

May 31, 1920.-—Sestion 15 was added to the Act to
provide for the control of plant movement and plant diseases
in the District cf Columbia. Prior to that time the District
cf Columbia was a sort of an oasis in the United States,
without legal authority for any plent disease or pest control
whatsoever.

PLAND XMPORTATIONS-=POLICY OF THE DEPARTMENT.

An effort has been made to meke it appear that Plant Quarantine 37 contem-
plates a total embargo against the introduction into the United States of "any
newly discovered, rare, interesting, especially exotic, fruit or ornamental
plant, whether species or hybrids.” That the Department has no wish or intention,
nov or at any future time, to make it impossible to provide for the entry, under
proper safeguards, of any plant whatsoever, for which a real need can be shewn,
and that ample provision hes been made for such importations under Quarant3ug 37,
will be at once apparent from any examination of the quarantine and regulations
and of the records of importations thereunder.

This: misapprehension as to the policy of the Department is fairly plainly
traceable to an exploitation of alleged sentences from official letters or publix~
cations of the Federal Horticultural Board which, by elimination of all qualify-
ing clauses, are made to indicate a meaning almost the exact opposite of that
plainly conveyed by the sentence as a wholee For example, the sentence quoted
below has been widely exploited, but omitting the portions which are now ital-
icized, making it appear that a future enbergo was contemplated. The complete
sentence as it was issued is a perfectly prover epitomized statement of the
purpose of Plant Quarantine 37, with the object of reducing to the lowest minimm
of necessity plant importations, and thereby lessening the risk of further entry
wat LAs

of dangerous plent pests:

Naturally, however, the whole spirit of Quarantine
37 is to as repicly as possible make this country independent
or foreign suyplies, in the hope that some day we will reach
a condition wliere no entry of foreign plants will be necessary,
othsr then to make adequate introductions of nev plants and
perhaps, occasionally, cld plants which ave needed for the
establistinent of new prepagation enterprises and which are
not comrercially aveiloble hore.

This principle widerlying Quarantine 37 hss been repeetedly stated in sub-
stantially the same terms, or et least with the same meaning, for a period well
antedating the quarantine, end throughout the administration of the quarantine in
practically every informing document on the subject which the Board has issued.
Tt wes the underlying thought in the discussions end resolutions urging the quar~
entine for 2 period of yeavs, participated in by the official and other represen-
tatives of various State and national societies related to the development and
protection of our agriculture end forestry. For exemple, without going back to
the earlier pronouncements of the-Department ond the vcrious associations on the
subject, the following lancuage occurs in the stataent issued by the Board
February 1, 1919, fowr months before the quarentine went into effect:

It (the quarantine) voices the belief that the
policy of practical exclusion of all stock not abso-
Lutely essentiel to the horticulturel and floricultural
and forestry needs of the United States is the only one
that will give adequate protection against additional
introductions of dangerous plant diseases and insectse

The recognition, on the other hand, of the continuing need for the intro-
duction of any new plents end also of other plents, has been many times restated.
fo quote from the circular letter of February 25, 1921:

"Al1 the pronouncements of the Federal Horticultural
Board and of the Department with respect to this quarantine
are specific, and clear, and indicate no purpose whatsoever
now or at aN Fme of en intention to bar eny foreign plant
necessary foi the establishment of any new or desirable
fruit or ornamental;" and"With respect to such importations
the Department hos adopted a policy of great liberality with
the point of view that it wishes to afford every reasonable
neans for the introduction for the purpose indicated of any
plents not now available in this country;" and special
permits "will be continued to be issued with respect to any
plant until the Department cf scriculture is convinced that
adequate stocks are commercialiy avaflable in the United States."
= 15

— ete of decision for such plent importations must necessarily
ie aoa ae bere lepertment of Agriculture, with its important bureaus
Sat omninntans , production, is undoubtedly the best agency for making such

oS» Th point of fact, however, on the presentation of evidence by
any importer or grower cf the tmavailability of eny plant necessary for propa~
gating purposes, that is, the impossibility of securing it from commercial
sources in this country, 2 permit has always been issuede This has happened
many times, end indicates that the Department's purpose in the whole administra
tion of the quarentine is to be of service; in other words, to render every aid
possible to the horticultural development of this country and, at the same time,
give such protection as is absolutely necessary against entry of new pests.

RECORD OF CONFERENCES AKD DISCUSSION AFFORDED
PRIOR TO PROMILGATION OF QUARANTINE 37.

Inasmuch as it has been asserted thet Quarentine 37 was hastily promulgated
without opportunity for conferences ond came with an element of surprise to the
trade and other interests involved, it seems Gesirable to give the facts of pub-
lic record, indicating the ample opportunity afforded for consultation and gon-
ference and the publicity given to such opportunities preliminary to the qmayran-
tine, as follows:

(1) The necessity for restrictions similar to those
involved under this cuarantine had been the subject of
discussion snd recommendation by resolution over a per-
ioad of several years at amnual meetings of the various
associations--national end regional.

(2) On the basis of such resolutions, the bureau of
Plant Industry of the Department was asked by the Board
for advice with respect to such proposed quarentine, ond
the report of that Bureau recommending quarantine action
was submitted to the Board February 26, 1918.

(3) The notice of public hearing for May 28, 1918,
for the purpose of considering such quorantine was issved
March 28, 1918, two months before the hearing, and was
sent to all nurserymen, permittees or otherwise, on the
mailing list of the Department, and was published in
horticultural and trade paperse

(4) The hearing was well attended by official and
other represeatatives of the principal trade societies
related to horticulture, and with a wide State repre-
of technical and practical men, and the steno-
graphic record on file indicates a practically unenimous
point of view in favor of a quarentine even more drastic
then the one actually leter promulgated by this Tepart-

ment

sentation
16m

_ (5) Following this hearing, the Board in cooperation
with the Bureau cf Plant Industry made a thoroughgoing and
country--vide investigation of the subject over a period cf
three months, consulting with prominent nurserymen and flor=
ists in different parts of the country.

. ,, 484 Following this period of investigation, Quarantine
ie With regulatictus, was pzovisionelly drafted substantially
aicng the lines in which it was afterwerds promulgated and was
sent in this foxm for consideration and criticism to the trade
JOumMais and societies. represented at tha hearing of May 28,
1916, and to sit pexsons in ettendence and to others who had
manjfestei any irterast in she subject, with a view to a later
conferences fur the purpose of discussing the quarantine and the
regulatious thererndar.

(77 Such couferense, after due notice, was held October
18, 1918, and resulted in developing a need, in the judgment
of the Department, for only minor modifications of the quar-
antine and regulations as provisionally drafted.

(8) After an additions1 month of oxamination and con-
ference, within and without the Depariment, the querantine
was promulgated November 13, 1918, and was made effective
some six months later-~June 1, 1919.

Omitting the preliminary ciscussion over a period of years before any
action was taken by this Department, it appears that between the original notice
of hearing as a basis for ths quarantine and the actual promulgation of the quar=
antine, there elenscd a period of nearly eight months of publicity, hearing and
conference, and the quarantine, as promulgated, did not gecome effective until
some six months leatere :

A considerable number of conferences have been held subsequently relative
to this quarantine as the basis for the minor changes which have been made in
the requirements with respect to plant importations.

THE FEDERAL HORTICULTURAL BOARD--ITS FUNCTION.

Largely on account of tho somewhat misleading designation "Federal Horti-~
cultural Board" for the administrative body provided for in the Plant Quarantine
Act, there has been a lot of criticisi because this Board was not made up of
horticulturists. As to this point of view it would seem proper to point out
that the Federal Plant Quarantine Act is for the protection of all plants end
plant products of the farm and forest whatsoever, and is therefore not merely y
or even largely, a nursery stock or ornamental Plant lawe The designation ;
“Horticultural Board" is, therefore, in a sense a misnomer, and a better desig-
nation would have been, following the title of the Act, "Plant Quarantine Board."
|

; it has already been indicated that the Board is enforcing 24 foreign and
15 domestic querantines, involving the protection of the major farm and forest
resources of the nation, and that Quorentine 57 is only one of these. Further-
more, in addition to its quarentine povrers, the Boaré, either directly or in co=
oneration with the appropriate bureams, is concerned in the control under lerge
Federal appropriations of such important pests already entered, but with limited
foothold, as the pink bollworm of cotton, the white pire blister rust, the
European corn borer, the potato wert, citrus canker, gipsy and brown-teil moths,
Japanese beetle, and bleck stom rust and other grain diseases. Probably 90 per
cent of the activities of the Federal Horticultural Board and more than 90 per
cent of the funds which are expended by or in cooperation with it have relation
to subjects other than horticulture, an¢-in the case of all these subjects is
involved, where necessary, control of entry of foreign products under foreign

ia aa and interstate movement of domestic products under domestic quaran-
ines

Under the terms of the act this Board must be appointed by the Secretary
of Agriculture from the three bureaus of the Department (Plant Industry, Forestry
and =ntomolosy ) having Girect relation to the farm end forest resources of the
nation fromthe stencpoint both of production and of proteetion from losses due to

‘Insect pests or plant diseases, ond, therefore, in its edvisory function to the

Secretary of Agriculture, vepresents these three importent bureaus of the Depart-
ment. As now constituted the membership of this Bosrd involves two persons from
the Bureau of Entomology, two from the Bureau of Plant Industry, and one from the
Forest Service of this Department.

It woukl seem to recuire no argument thet a plant quarentine Board for the
administration of a plant quarantine act, having for its purpose the prevention
of entry of diseases and insect pests of plants, should be technically expert on
the subject of such plant enemies. For exemple, we do not have a Public Health
Board consisting of mothers, school teachers, and merchants, nor is the exclusion
of live stock diseases or the eradication of the foot end mouth Cisease, hog

cholera, cattle fever, etc., turned over to a coumission of breeders of live stock.

Any possible adjustments to safeguard commercial and other interests in-
volved in such quarantine and control work should be secured by conferences with
such interests, such, for example, es are provided for under the Plant Quarentine
Act in the provision for public hearings after due notice et which interested
parties may appear and be heard either in person or by attorney.

The ample opportunity for such conferences under the Plant Quarantine Act
is indicated in the procedure with respect to all quarantines, as follows;

1. Presentation of the need of the quarantine to the
Federal Horticultural Board by experts of the Department or

+ outside.
ere preliminary conference conducted by the Board with

nt experts or any others available.
= eS en sen with the commercial and other
~ 1 Bn

interests involved. (This is optional, but often availed
‘Of, as . Quarantine 57, for example.)
» Formal notificati ic heari i
er cation of public hearing as required
5a Public hearing.

6. Further conference of Board with Devartment
experts and others to determine action based upon the hear-
ing «

7» Drafting of quarentine and regulations by the
Boarde : ,

8. Resubrittal of querantine end regulations to
trade and other interests for criticiem end suggestions .e
(Cptionai, but often done, as in Quarantine 37, for example)

9» Review of the quarantine and regulations by the
Solicitor of the Department,
10...Review cf the quarantine and regulations by the
Secretary and, if approved, their promulgations

With respect to plant quarantines, the volicy of the Department has been
to act only after consultation with and on the advice of the experts and practic-
al men in the varions fields involved, In pursuance of this policy, the Depart=
ment has acted with respect to horticultural matters on the advice of the many
horticultural experts of the Department and with others outside; similarly, in
erain matters, in cotton matters, in forest matters, in truck crop matters, ett.—
in each instance, with the corresponding group of experts and practical men.

The final decision, therefore, of the Department on all plant quarantine
and related matters is based on the information and judgment of its own plant
experts as weil as on the facts presented at these public hearings and on all
Other available information, end all cuarentines and regulations thereunder
are Operative onjy when approved and signed by the Secretary of Agriculture.