(B. i:. P. g. -4J Rtprlnt, January io;;c United States Department of Agriculture BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE NURSERY STOCK, PLANT, AND SEED QUARA fa Notice of Quarantine No. 37, with Revised Regulati-* INTRODUCTORY NOTE The supply of the last revised edition of Notice of Quara¥jlid0 x No. 37 (effective Dec, 'I'l. - exhausted and advantage has been t)*ken of the opportunity thus offered to Incorporate, into Uds reprint, the revises^gegula- tions 3 and 7. which became effective January 14. 1965. The name Bureau administering tins quarantine is correctly given in regulation 7. The administrative organization referred to in the other regulations as the Plant Quarantine and Control Administration is now known as the Bureau of •mology and Plant Quarantine. Footnotes have heen corrected and the appendices brought op to date. In all other respects this is a mere reprint of the edition issued in December 1930. Lei-: A. Strong. Chief t Bureau of Entomology and Plant Quarantine. NOTICE OF QUARANTINE NO. 37 Nursery Stock, Plant, and Seed Quarantine The fact has been determined by the Secretary of Agriculture, and notice Is hereby given, that there exist in Europe, Asia, Africa, Mexico, Central and South America, and other foreign countries and localities certain injurious ad fungous dii ew to and not heretofore widely distributed within and throughout the United States, which affect and fire carried by nursery stock and other plants and seeds, the words "nursery stock and other plants and including, wherever used in this notice and the rules and regulations supplemental hereto, field-grown florists' stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits and other seeds of fruit and orna- mental trees or shrubs, also field, vegetable, and flower seeds, bedding plants. and other herbaceous plants, bulbs, and roots, and other plan's and plant products for. or capable of. propagation. Now, t) l. I>. I'. Houston, Secretary of Agriculture, under the au- thority conferred by the act of I approved August 20, 1912 \ 37 Stat 515), do hereby declare that it gary, in order to prevent the further introduction into the Unit* f injurious insect pests and fin gi j, to forbid, except as provided in the rules and regulations supplemental tation into the I ites of nursery stock and other plants and seeds from the foreign countries and localities named and from any gn locality or country. On and after June 1, 191$ and until further notice, by virtue of said act of O Qfl _ -1. the importation of nursery sto.-k and other plai from the above named and all other foreign countries and : ed in the rule ntal to, Is i i i Quarantine shall not apply to nursery stock and other plants I ■ed by special Quarantines and other restrictive orders now in for< list of which is given in appendix A of the rules and regulal or— 30 hereto, nor to the importation by the United States Department of Agriculture of nursery stock and other plants and seeds for experimental or scientific purposes. Done in the District of Columbia this 18th day of November 1918. Witness my hand and the seal of the United States Department of ^Agriculture. [si'-ajl] D. F. Houston, ~ r v Secretary of Agriculture. REVISED RULES AND REGULATIONS SUPPLEMENTAL TO NOTICE OF QUARANTINE NO. 37, GOVERNING THE IMPORTATION OF NURSERY STOCK AND OTHER PLANTS AND SEEDS INTO THE UNITED STATES [Effective on and after December 22, 1930, and superseding the regulations heretofore issued governing the importation of nursery stock] Regulation 1. Definitions For the purposes of these regulations the following words, names, and terms shall be construed, respectively, to mean : (a) Nursery stock and other plants and seeds: Field-grown florists' stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits and other seeds of fruit and ornamental trees or shrubs; also field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots, and other plants and plant products for, or capable of, propagation. (b) Field seeds: Seeds of cereal, forage, and other field crops. (e) Vegetable seeds: Seeds of garden vegetables and other truck crops. (d) Flower seeds: Seeds of annual, biennial, or even perennial flowering plants which are essentially herbaceous, namely, plants which perish annually down to, and sometimes including, the root (i. e., soft, succulent plants). (e) Seeds of hardy perennial plants: Seeds of woody or other plants which are not herbaceous and are either of a hardy and woody growth or are not killed to the ground in temperate zones. (f) Bulbs and corms: Bulb — an enlarged subterranean bud with fleshy scales or coats (for example, tulips, Spanish iris) : Corm — an enlarged fleshy base of a stem, bulb-like but solid (for example, gladiolus, cyclamen, crocus). (g) Plant roots, rhizomes, tubers: Plant roots — the more or less fibrous roots of any plant (for example, fruit seedlings, ornamentals, lily of the valley pips) ; rhizomes — a root stock or subterranean stem, usually fleshy and rooted at the nodes (for example, German iris, Aspidistra) ; tuber — a thickened, fleshy sub- terranean branch having numerous buds or eyes (for example, potatoes). (h) New varieties: A new variety is understood to mean a novelty, i. e., a new plant, variety, strain, type, or form, either recognized by the trade as such or so listed or described in catalogs, trade journals, or other publications, or duly and properly certified as such by the originator or introducer. (i) Necessary propagating stock: Stock of old or standard varieties not avail- able in this country and imported for the multiplication of the plants in question as a nursery or florist enterprise as distinguished from importations for the immediate or ultimate sale of the stocks actually imported. (;) Limited quantities: As used in regulation 14 "limited quantities" is understood to mean such quantities as will supply any reasonable need for the establishment of commercial reproduction plantings or as may be necessary for the experimental, educational, or scientific purpose intended. Regulation 2. Plant products and seeds for which permit is not required Plant products capable of propagation, imported for medicinal, food, or manu- facturing purposes, and field, vegetable, and flower seeds, except such products and seeds as are governed by special quarantines and other restrictive orders now in force and such as may hereafter be made the subject of special quaran- tines or restrictive orders, 1 may be imported without permit or other compliance 1 See appendix A to the Revised Rides and Regulations Supplemental to Notice of Quarantine No. 37 for list of such quarantines and restrictive orders. In addition to the quarantines and restrictive orders listed, a notice issued May 8, 1030, specifies that all species of" Aglaonema may be imported on and after June 1, 1930, only under the provi- sions of regulation 14. with these regulations, when free from sand, soil, or earth: Provided, That any such articles may be made subject to entry only under permit and on compli- ance with the safeguards to be prescribed therein when it shall be determined by the Secretary of Agriculture that their entry for the purpose indicated may involve a risk of the Introduction into the United States <>i' injurious insect pests or fungOUS diseases. Such determination with respect to any such articles si Kill become effective after due notice. Regulation 3. Nursery stock, other plants and parts of plants, including seeds, for which a permit is required (As revised Jan. 14, 19o5 ; effective Jan. 14, 1035) The following nursery stock, other plants and parts of plants, including seeds, not including, however, such other plants and parts of plants as are named in appendix A. which are governed by special quarantines and other restrictive orders now in force, nor such as may hereafter be made the subject of special Quarantines, may be imported, without limitation as to quantity or use, from countries which maintain inspection (appendix B), under permit upon compli- ance with these regulations : (1) Bulbs, corms, or root stocks (pips) of the following genera: Liliu?n (lily), (Tonvallaria (lily-of-the-valley), Hyacinthus (hyacinth), Tulipa (tulip), and Croons; and, until further notice, Chionodoxa (glory-of-the-snow), Oalartr thus (snowdrop), Scilla (squill), Fritillaria, Muscari (grape-hyacinth), Ixia, and Eranthis (winter aconite) ; and, on and after December 15, 1936, Narcissus (daffodil and jonquil). (2) Cuttings, scions, and buds of fruits or nuts: Provided, That cuttings, scions, and buds of fruits or nuts may be imported from Asia, Japan, Philippine Islands, and Oceania (including Australia and New Zealand) under the pro- visions of regulation 14 only. (Stocks of fruits or nuts may not be imported, under permit or otherwise.) (3) Rose stocks, including Manetti, Rosa multiflora (brier rose), and R. rugosa. (4) Nuts, including palm seeds for growing purposes: Provided, That such nuts or seeds shall be free from pulp. (5) Seeds of fruit, forest, ornamental, and shade trees, seeds of deciduous and evergreen ornamental shrubs, and seeds of hardy perennial plants: Pro- vided, That such seeds shall be free from pulp: Provided further, That citrus seeds may be imported only through specified ports subject to disinfection as provided in regulation 9: Provided further, That mango seeds may not be imported under permit or otherwise, except from the countries of North America, Central America, and South America, and the West Indies. Importations from countries not maintaining inspection of nursery stock, other plants and parts of plants, including seeds, the entry of which is per- missible under this regulation, may be made under permit upon compliance with these regulations in limited quantities for public-service purposes only, but this limitation shall not apply to tree seeds. (6) Materials permitted entry under Quarantine No. 5G for consumption pur- poses are authorized entry under this regulation for propagation. Regulation 4. Application for permits for importation of nursery stock and other plants and seeds 2 Persons contemplating the importation of nursery stock and other plants and seeds, the entry of which is permitted under regulation 3, shall first make application to the Plant Quarantine and Control Administration for a permit, stating in the application the exact designation of the nursery stock and other 'A post-office order dated May 27, 1913, as amended Dec. 16, 101.",, prohibits the importa- tion by mail of all growing or living plants, seeds, and other plant products lor pr< except field, vegetable, and Bower seeds. All importations of nursery stock and plants and seeds, other than field, vegetable, and dower seeds, must 'be made by freight oi- express. - order wa I by a post-office order under date of July 2s, if>2i. to provide, on request, for importation l.y mail of mat-rial imported under the provisions of regula- tions 3, 14, and 15, but only onder special si Inning tags secured from the department of ilture and l»oarinjr the address, B ireao of Kntomology and Plant Quarantine, United States Department of Agriculture. plants and seeds to be imported, the name and address of the exporter, the country and locality where grown, the port of entry, and the name and address of the importer in the United States to whom the permit should be sent.' Applications for permits should be made in advance of the proposed ship- ments, but if, through no fault of the importer, a shipment should arrive before a permit is received the importation will be held in customs custody at the risk and expense of the importer for a period not exceeding 20 days pending the receipt of the permit. Plant material refused entry shall, at the expense of the owner or his agent, either be removed from United States territory immediately or, at the direction of the owner or his agent, abandoned to the collector of customs for destruction. Applications may be made by telegraph, in which case the information required above must be given. With the exception of the products enumerated under regulation 2, permits are required for nursery stock and other plants and seeds entering the United States for immediate transportation in bond to foreign countries. Applications for permit to import nursery stock and other plants and seeds from countries which do not maintain inspection must contain a definite state- ment of the quantity to be imported. Permits for importations from such countries, other than for tree seeds (see regulation 3), will be issued only to cover limited quantities and the permit will be valid only for a single importa- tion. (See appendix B for list of countries which maintain inspection.) Regulation 5. Delivery in bond pending receipt of permit will be allowed for shipment from countries maintaining inspection If the required permit be not at hand upon arrival of a shipment from a country which maintains inspection, and such shipment meets the requirements of regulations 7 and 8, it may be delivered to the importer, consignee, or agent for the proper care thereof upon the filing of a bond with approved sureties in double the invoice value (but in no case less than $100), the condition of which shall be that the importation shall not be removed from the port of entry, but shall be redelivered to the collector of customs within 20 days from the date of arrival at the port, unless in the meantime the collector is pre- sented with a proper permit; or, if the importer, consignee, or agent shall so elect, the goods may, so far as the Department of Agriculture is concerned, be retained in customs custody for a period not exceeding 20 days, pending the is- suance of the permit, wholly at the risk and expense of the importer. Regulation 6. Issuance of permits On approval by the Secretary of Agriculture of an application for the im- portation of nursery stock and other plants and seeds a permit will be issued in quadruplicate. One copy will be furnished to the applicant for presenta- tion to the customs officer at the port of entry, one copy will be mailed to the collector of customs, and one to the inspector of the Department of Agriculture at the port of entry, and the fourth will be filed with the application. Permits shall be valid until revoked, unless otherwise specified therein, and will be issued for such ports as may from time to time be approved by the Plant Quarantine and Control Administration. The permit will be addressed to the collector of customs at the port for which it is issued. Regulation 7. Certification, marking, freedom from sand, soil, or earth, and approved packing material (As revised Jan. 14, 1035; effective Jan. 14, t&35) The importation of nursery stock and other plants and seeds from countries which maintain inspection will not be allowed unless the invoice is accom- panied by an original certificate, and unless each container bears a copy cer- tificate issued by a duly authorized official of the country from which it is exported stating that the nursery stock and other plants and seeds covered by the certificate have been thoroughly inspected by him or under his direction at the time of packing, and found, or believed to be, free from injurious plant diseases and insect pests. • Application form no. EQ — 687, will be sent on request. Each certificate and copy certificate shall give the date of inspection, name of the grower or exporter, the district or locality ami the Country whore grown, ami a Statement that the QUrsery stock and other plants and seedsj have been Inspected by a duly authorized official and found, or believed to be, free from insect pests and plant diseases. The original certificate shall be Signed and sealed By, and the copy certificate shall hear the seal and the actual or reproduced Signature of, a responsible inspection official of the country of origin. Lists of officials in foreign countries authorized to inspect nursery stock and other plants and seeds, giving their names and official designations, will be ;hed !•» collectors of customs through the Secretary of the Treasury. Each case, box. or other container or covering of nursery stock and other plants and seeds offered for entry shall be plainly and correctly marked to show the number of the permit, the general nature and quantity of the contents, the district <>r locality and country where grown, the name atid address of the exporter, and the name and address of the consignee: Provided, That all im- putations of plants authorized under regulation 14 shall be addressed to the United States Department of Agriculture, Bureau of Entomology and Plant Quarantine, at the port designated in the permit. In addition to the address, as indicated, such shipments shall be marked with the permit number and name of the importer. All nursery stock and other plants and seeds offered for import must be free from sand, soil, or earth, and all plant roots, rhizomes, tubers, etc., must be freed by washing or other means from such sand, soil, or earth: Provided, That this requirement shall not apply to plants imported from Canada under regulation 15: Provided further. That sand, soil, or earth may be employed for the packing of bulbs, conns, seeds, and nuts when such sand, soil, or earth has been sterilized or otherwise safeguarded in accordance with the methods pre- scribed by the Bureau of Entomology and Plant Quarantine and is so certified by the duly authorized inspector of the country of origin. The use of such sand, soil, or earth as packing for plants other than bulbs, conns, seeds, and ntiis is not authorized. All packing materials employed in connection with importations of nursery- stock and other plants and seeds are subject to approval as to such use by the Bureau of Entomology and Plant Quarantine. Such packing material must not previously have been used as packing or otherwise in connection with living plants, and except as provided in the preceding paragraph for bulbs, corms, seeds, and nuts, must be free from sand, soil, or earth, and must be certified as meeting these conditions by the duly authorized inspector of the country of origin. 4 r a package of nursery stock and other plants and seeds offered, for entry includes any prohibited article, or if any of the plants have not been freed from earth, the entire package may be refused entry. Regulation 8. Inspection In addition to the inspection at destination by the proper official of a State, Territory, or District of the United States, provided for in section 2 of the Plant Quarantine Act of 1912, nursery stock and other plants and seeds im- ported under regulations 3 and 15 shall be subject as a condition of entry to such preliminary Inspection as shall be required by the Plant Quarantine and Control Administration: Provided, That nursery stock and other plants and seeds imported under regulations 3 and 15 from countries which do not maintain Inspection shall not be delivered to the importer or consignee until they have been examined by an inspector of the Department of Agriculture and found to be free from plan! diseases and insect pests, or if Infested, capable, in the Judgment of the inspector, of being adequately safeguarded by disinfection. Regulation 9. Disinfection a condition of entry Nursery stock and other plants and seeds imported under regulations 3 and 15 shall bo* subject, as a condition of entry, to such disinfection as shall be required by the Inspector of the Department of Agriculture. When dlsinfec- 4 For dPtnil<*d Instructions relative to packing materials, Including sterilized soil for bulbs, corms, seeds, and nuts, see B. E. P. Q. — 300. tion is required, the nursery stock and other plants and seeds involved wih be delivered to the permittee for disinfection upon the filing with the collector of customs of a bond in the amount of $5,(X>0, or in an amount equal to the invoice value if such value be less than $5,000, but in no case to be less than $100, with approved sureties, the condition of which shall be that the nursery stock and other plants and seeds shall be disinfected under the supervision of an inspector of the Department of Agriculture; that no case or other con- tainer thereof shall be broken, opened, or removed from the port of entry unless and until a written notice is given to such collector by an inspector of the Department of Agriculture that the nursery stock and other plants and seeds have been properly disinfected ; and that the importation shall be redelivered to the collector of customs within 40 days from arrival at the port of entry. All charges incident to inspection and disinfection, other than the services of the inspector, shall be paid by the importer. Regulation 10. Notice of arrival by permittee Immediately upon arrival of the nursery stock and other plants and seeds at the port of entry, the permittee shall submit in duplicate notice to the Secre- tary of Agriculture, through the collector of customs, on forms provided for that purpose, stating the number of the permit, date of entry, name of ship or vessel, the country and locality where grown, name of the foreign shipper, number of cases and marks and numbers on cases, the general nature and quan- tity of the nursery stock and other plants and seeds, the port of entry, and the name of the importer or broker at the port of entry. Regulation 11. Notice of shipment by permittee After entry of the nursery stock and other plants and seeds and before removal from the port of entry for each separate shipment or consignment thereof the permittee shall notify the Secretary of Agriculture in duplicate, on forms provided for that purpose, stating the number of the permit, the date of entry, the port of entry, the customs entry number, name and address of the consignee to whom it is proposed to forward the shipment, the general nature and quantity of the nursery stock and other plants and seeds, the number of cases or other containers included in the shipment, and the case or container numbers and marks, together with the probable date of delivery for and route of transportation. A separate report is required for each ultimate consignee. At the same time a copy of the notice to the Secretary of Agriculture shall be sent by the permittee to the duly authorized inspector or other officer of the State, Territory, or District to which the nursery stock and other plants and seeds are to be shipped. A list of such inspectors and officers is appended. Should a consignee named in such a notice ship or deliver for shipment to any other State, Territory, or District such nursery stock and other plants or seeds before they have been inspected by a duly authorized State, Territory, or Dis- trict inspector or officer, he shall, prior to such shipment, give like notices to the Secretary of Agriculture and to the duly authorized inspector or other officer of the State, Territory, or District to which the nursery stock and other plants and seeds are to be reshipped. Nursery stock and other plants and seeds which have been once inspected and pnssed by a duly authorized State, Territorial, or District inspector or other officer, will be allowed to move interstate without restrictions other than those imposed on the interstate movement of domestic nursery stock. Regulation 12. Marking a condition of interstate shipment of nursery stock and other plants and seeds not inspected No person shall ship or deliver for shipment from one State, Territory, or District of the United States into any other State, Territory, or District any imported nursery stock and other plants and seeds, 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 grown, unless and until such imported nursery stock and other plants and seeds have been inspected and passed by the proper official of a State, Territory, or District of the United States. Regulation 13. Cancellation of permits for violation of regulations Permits may be canceled and farther permits refused for the Importation of the products Of any .mower or exporter who has violated the Plant Quarantine Aet or any rules and regulations promulgated thereunder, or for the importa- tion of the products of any country whose inspection is found by the riant Quarantine and Control Administration as the result of its examinations of Importations therefrom to be merely perfunctory, or for importations by any permittee who fails to give any notice required by these rules and regulations, or for the giving of a false or Incomplete notice, or the mislabeling of any shipment with Intent to evade any provision of the Plant Quarantine Act or any rules and regulations thereunder. Regulation 14. Special permits for importation in limited quantities of restricted plants Application may be made to the Secretary of Agriculture for special per- mits for the Importation, in limited quantities and under conditions and safe- guards to he prescribed in such permits, of nursery stock and other plants and - not covered by the preceding regulations, for the purpose of keeping the country supplied with new varieties and necessary propagating stock, or for any necessary experimental, educational, or scientific purpose: Provided, That this shall not apply to nursery stock and other plants and seeds covered by special quarantines and other restrictive orders now in force, nor to such as may hereafter be made the subject of special quarantines. A list of nursery stock and other plants and seeds covered by special quarantines and other restrictive orders now in force is given in Appendix A of these regulations. The requirements of regulations 7, 8, 9, and 10, with respect to certification, marking, freedom from sand, soil, or earth, packing materials, inspection, disinfection, and notice of arrival shall apply also to importations authorized under special permits. 6 Regulation 15. Permits for the importation of nursery stock and other plants and seeds from countries contiguous to the United States When it is deemed by the Secretary of Agriculture that the importation from countries contiguous to the United States of any class or classes of nursery stock and other plants and seeds the entry of which is not provided for under regulations 2 and 3 will not be attended by serious risk to the agriculture, hort* culture, or floriculture of the United States, permits may he '., on application, authorizing the entry of such nursery stock and other plants and seeds under such safeguards as may be prescribed in the permits: Provided, That Importations under this regulation shall be limited to specific classes of nursery stock and other plants and seeds which can be considered as peculiar to or standard productions of such contiguous countries, as opposed to st"ck imported from foreign countries) and held or grown on for later sale: Provid* -I further, That this shall not apply to nursery stock and other plants and seeds governed by special quarantines and other restrictive orders, other than quarantine '61, now in force, nor to such as may hereafter be made the subject of special quarantines: Provided further, That in addition to the cer- tificate required by regulation 7, the Invoice covering nursery Stock and other plants and seeds offered for entry under this regulation must lie accompanied by a certificate of a duly authorized official of the country of origin, stating that the Dursery Stock and other plants and seeds proposed to be exported to the 1 States have been produced or grown in the country from which they are proposed t-» be exported: Provided further, That cut flowers from the Doinin- * A special form of application (no. 207) must be filled out. This form will bo sent on request. Yot mail entry of special permit material under regulation 14, see footnote 2 under reputation ft. Permit! should be secured in advance. Material arriving without a permit is likely to be returned at once or destroyed. In certain instances, however, it may be bandied as Indicated In tbe second paraarapfa of regulation 4. •plication torm no. E. Q. — CM for permit under this regulation will be sent on request. ion of Canada may be imported into the United States without permit or other restriction. The above rules and regulations are hereby adopted and shall be effective on and after December 22, 1930, and shall supersede the rules and regulations governing the importation of nursery stock into the United States which were promulgated October 24, 1928, as amended July 29, 1929. Done at the city of Washington this 17th day of December, 1930. Witness my hand and the seal of the United States Depart- ment of Agriculture. Arthur M. Hyde, Secretary of Agriculture. APPENDIX A The entry of the following plant material for propagation is prohibited or restricted by specific quarantines and other restrictive orders now in force: (a) Irish potatoes from all countries except the Dominion of Canada and Bermuda. (o) All five-leafed pines and all species and varieties of the genera Ribes and tuktria from each and every country of Europe and Asia and from the Dominion of Canada and Newfoundland. (0) Cottonseed (Including Beed cotton) of all species and varieties from any foreign locality and country. (