'A* B. E. P. Q. — Q. 48 Revision of Quarantine and Regulations Effective February 12, liHl. Title 7 — Agriculture CHAPTER III— BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE PART 301— DOMESTIC QUARANTINE NOTICES JAPANESE BEETLE QUARANTINE t INTRODUCTORY NOTE The current revision of the Japanese beetle quarantine adds a proviso under which the Chief of the Bureau of Entomology and Plant Quarantine may, when the facts as to pest risk so warrant, modify the requirements, by ma king them less stringent, as to one or more of the restricted articles, or as to certain periods of the year, or certain parts of the regulated area-. In the revision of the regulations nominal extensions of regulated areas are made in Maryland, New York, Pennsylvania, Virginia, and West Virginia. Counties newly added in part or in entirety include Cayuga in New York; Crawford and Forest in Pennsylvania: Greensville and Rappahannock in Vir- ginia; and Marshall in West Virginia. The cities of Petersburg and Winchester, in Virginia, are also brought under regulation. Discovery of substantial infestations of the Japanese beetle in these sections warranted their addition to the regulated areas. Additional enlargements of the regulated areas have been made to include the entire Maryland counties of Baltimore, Howard, Montgomery, and Wicomico, and additional areas in the counties of Carroll, Charles, Dorchester, Frederick, and Washington; the entire Pennsylvania counties of Butler, Venango, and Warren, and parts of Erie and Mercer Counties: additional area in Chesterfield County, Va. : and all of Ohio County in West Virginia. The area from which the movement of fruits and vegetables i< regulated (sec. 301.48-5) has been extended to include additional areas in Baltimore and Howard Counties. Md. : and Berks, Lehigh. Northampton, and York Coun- ties, Pa.: and to bring in part of Cumberland County. Pa. The metropolitan New York Localities and adjoining area in Fairfield County, Conn., are no longer included in Ibis area. Previous quarantine regulations required a certificate or permit for move- ment of fruits and vegetables from the area designated in section 901 to several isolated points in Maine. New York. Ohio, Pennsylvania, Vermont, arid West Virginia. This requirement as related to isolated points has been removed with the exception that a certificate is required for such movement to Toledo, Ohio, and Winchester, Va., when consigned via refrigerator cat or motortruck, or in lot shipments of three pieces <■!■ more bj common carrier. This section lias born further revised to remove the exemption in regard to bananas. Bananas in any form moving from the area designated in section 801.48 o via refrigerator car, or motortruck, or by common carrier in lot ship- ments of three pieces or more, require certification during the period specified. Current regulations require that refrigerator cars originating in the area designated in section 301.48 •"» into which fruits or regetables are t" be loaded for interstate movement from any regulated area must be swept, cleaned, or fumigated by the common carrier prior to loading, ami if used for loading fruits ami vegetables in the area designated in that section, such cars must ;i i-.) be kept tightly closed and sealed during the Interval between fumigating or cleaning and loading. Fruit- and tislgned from the at nated in Bcction 301.48 ."• bj ret must be fumigated in the when such action Is deemed necessary by the Inspector, and doors and hat of the cars must be clost d or m reened. Minor changes have also been made i" sections •"•"i 18 8 This revision supersedes the twelfth revision of N 806088' M 1 2 BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE approved March 1. r.»".7. and the seventeenth revision of the rales and regula- tioi - supplemental thereto, n-* amended effective May 21. 1940. SUMMARY Dnless ;i certificate has been issued, these regulations, :i< now revised, pro- hibit the Interstate movement between .June i.~, and October 15 (betv June i and October 15 In the case of Accomac and Northampton i \.i.i of ;iii fruits and regetables by refrigerator ear. motortruck, or In lot shipments of three pieces or more by common carrier, from the District of tibia, the State of Delaware, and parts of Maryland, New Jers I sylvania, and Virginia, a< defined In section 301.48 5, to or through pointy outside the regulated areas as defined In section 301.48 •".. The regulations also prohibit Hi*' Interstate shipment of plants, sand, soil, earth, peat, compost, and manure from any part of the regulated areas to or through any outside point throughout the year unless a Federal permit or certificate has been secured. Cut flowers are restricted interstate move- ment <»niy between June i"> and October 15, inclusive. Fur details and excep- tions see sections 301, I s - (J and 7. The regulated areas include the District of Columbia, the entire States of Connecticut, Delaware, Massachusetts, New Jersey, and Rhode Island, and parts of Maine, Maryland, New Hampshire, New York. Ohio, Pennsylvania, Vermont, ala, and West Virginia, as described in section 301.48 •*'-. These regulations also specify the conditions governing the protection of Icted articles from infestation while in transit (>i'e. 301.48 8), require thorough cleaning of vehicles, containers, and refrigerator cars which have been used in transporting restricted products I sees. 301.48 5 and 13), and provide other safeguards and conditions as specified in the regulations. To secure permits and certificates, address the Bureau of Entomology and Plant Quarantine, 268 Glenwood Avenue, Bloomfleld, N. J., or the Dearest branch office listed in the appendix. DETERMINATION OF THE SECRETARY OF AGRICULTURE The Secretary of Agriculture, having determined that it was necessary to quarantine the States of Connecticut. Delaware, Maine. Maryland. Massa- chusetts, New Hampshire, New Jersey, New fork, Ohio, Pennsylvania, Rhode Island. Vermont, Virginia, and West Virginia, and the District of Columbia, to prevent the spread of the Japanese beetle {Pofrillia japoniea Newm.), a dan- gerous insect new to and u<»t theretofore widely prevalent or distributed within and throughout the United states, and having given the public bearing required by law. promulgated the twelfth revision of Notice of Quarantine 301.48, part 801, chapter ill, title 7, Code of Federal Regulations, and rules and regulations supplemental there!... governing the movement of (1) fruits and vegetables; (l'i nursery, ornamental, and greenhouse stock, and other plants; and (3) sand, soil, earth, peat, compost, and manure, from any <»f the above-named Stat< the District of Columbia, into or througb any other State or Territory or District of the United states, sections 301.48 l to l 1. Inclusive, part 301, chapter III. title de of Federal Regulations [B. !■:. P.Q.- Q. is effective on and after March l. 1987]. For the reason that it appears that the provisions of the quarantine may ■ •\n\ to authorise the chief of the Bureau of Entomology and Plant Quarantine to modify, by making less stringent, the requirements of ihe ilations supplemental to the said Notice of Quarantine, I have er determined that the said quarantine should be revised. I have further determined that it Is necessarj to revise the regulations for the purpose of extending the regulated areas owing to the discovery of substantia] infestations of the Japanese beetle in additional sections, and to make other modifications. ORDEB OF I hi: SECRETARY OF AGRICULTURE Pursuant to the authority conferred upon the Secretary of Agriculture by " s "f th( larantlne Act of august 20, 1912, as amended (7 Q, S. 0. mi i. the subpart entil : part 801, chapter III title 7* ul Regulations [B. E. P. Q.« Q. Is. as revised] ifl hereby amended i i bruarj 12, 1941, to read as follow a ■ REVISION OF QUARANTINE REGULATIONS 3 SUBPART— JAPANESE BEETLE QUARANTINE Sec. Hiil. 48. Notice of Quarantine. — Under the authority conferred by section 8 of tlu' Plant Quarantine Act of August ii«>. 1912, ;is amended (7 I", s. C. lft! >, 1 do quarantine the States of Connecticut, Delaware, Maine. Maryland. Massa- chusetts, New Hampshire, New Jersey, New York, Ohio. Pennsylvania, Rhode Island. Vermont, Virginia, and West Virginia, and the District of Columbia, to prevent the spread of the Japanese beetle. Hereafter (1) fruits and vegetables; (2) nursery, ornamental, and greenhouse stock, and other plants; and (3) sand, Boil, earth, peat, compost, and manure, shall not be shipped, offered for ship- ment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved from any of said quarantined States or District into or through any other State or Territory or District of the United States in manner or method or under conditions other than those prescribed in the rules and regulations hereinafter made and amendments thereto: Provided, That the restrictions of this quaran- tine and of the rules and regulations supplemental thereto may be limited to the areas in a quarantined State now, or which may hereafter be. designated by tlie Secretary of Agriculture as regulated areas when, in the judgment of the Secretary of Agriculture, the enforcement of the aforesaid rules and regula- tions as to such regulated areas shall be adequate to prevent the spread of the Japanese beetle: Provided further. That such limitations shall be conditioned upon the said State providing for and enforcing such control measures with respect to such regulated areas as. in the judgment of the Secretary of . culture, shall be deemed adequate to prevent the spread of the Japanese !• therefrom to other parts of the State: And provided further, That certain articles classed as restricted herein may, because of the nature of their growth or production or their manufactured or processed condition, be exempted by administrative instructions issued by the Chief of the Bureau of Entomology and Plant Quarantine when, in his judgment, such articles are considered innocuous as carriers of infestation: And provided further, That whenever, in any year, the Chief of the Bureau of Entomology and Plant Quarantine shall find that facts exist as to the pest risk involved in the movement of one or more of the articles to which the regulations supplemental hereto apply, making it safe to modify, by making less stringent, the restrictions contained in any such regulations, he shall set forth and publish such finding in administrative instructions, specifying the manner in which the applicable regulation should be made less stringent, whereupon such modification shall become effective, for such period and for such regulated area or portion thereof as shall h- in said administrative instructions, and every reasonable effort shall be made to jrive publicity to such administrative instructions throughout the affected areas. RULES AND REGULATIONS Sr.. 301.4& 1. Definitions. — For the purpose of these regulations the following words, names, and terms shall be construed, respectively, to mean: i a i Japanese beetle. — The insect known as the Japanese beetle (Popillia japonica Newm.), in any stage of development ( b) Infested, infestation.- The terms "infested," "infestation," and the relate to infestation with tin Japanese beetle. (c) Quarantined area. — Any state or District quarantined by the Secret of Agriculture to prevent the spread of the Japanese beel le. { <"' and mannn Sand, soil, earth, peat, compost, oi manure determined by th< certified. 4 BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE Hfle& greenhouse. A greenhouse or similar establishment which has complied to the satisfaction of the Inspector with the conditions imposed in section 301.48 <*>. This term may apply also i<> Dotting beds, heeling-in areas, hotbeds, coldframes, or similar plots or to storage bous< s, packing sheds, or stores treated or otherwise safeguarded in manner and method satisfactory to the inspector. t/i Inspector. An Inspector of the United states Department of Agriculture. (It) Moved Interstate. Shipped, offered for shipment to a common carrier, receiv< d for transportation or transported by a common carrier, or carried, trans- ported, moved or allowed to be moved from one State or Territory or District of the United States Into or through any other State or Territory or District. in Ahd<- Yrundel County; all of Carroll County except the election districts of Middleburg (No. l, Church Creek (No. «•> I . EaM New Market (No. 2), Fork (No. 1), Ilurlock ( Xo. 15), Vienna (No. .".). and Williamsburg (No. 12), in Dorchester County; election districts of Ballenger (No. 23), Braddock (No. 2D. Brunswick i No. 25), Buckeystown (No. 1), Burkittsville (No. 22). Emmitsburg (No. :>i. Frederick (No. 2). Ilauvers (No. 10), Jefferson (No. 111. Middlotown (No. 3), New .Market (No. !> » . Petersville (X... 12). Thurmont (No. 15), and Woodville (No. i s ». in Frederick County; all of Prina Qeorges County except the election districts of Aquafico ( No. B), and Nottingham (No. i) ; election dist] I 10ns- boro (No. 6), Cavetown (No. 7'. clear Spring (No. l». Conococheague (No, 13), Funkstown (No. K>), Hagerstown (Nos. ::. IT. 21. 22, 24, and 25), Halfway Leitersburg (No. 9), Ringgold (No. in. Sandy Hook (No. Hi. Sharpsburg i No. it. and Williamsporl (No. 2), in Washington County. Massachusetts.- The entire State. I ire.- Counties of Belknap, Cheshire, Hillsboro, Merrimack, Rock- ingham, Strafford, and Sullivan: towns of Brookfield, Eaton, Effingham, Freedom, Madison, Moultonboro, Osslpee, Samiw Ich, Tamworth, Tuftonboro, Wakefield, ami Wolfebt rii. in can-nil County; town- of Alexandria, Ashland, Bridgewater, Bristol, Canaan. Dorchester, Enfield, Qrafton, Gi over, Hebron, Holderness, •ion. Lyme, Orange, and Plymouth, in Crafion Count a. The entire State. v. a- York. Counties ,,f Albany, Bronx, Broome, Chemung, Chenango, Columbia, < iortland, Delaware, Dutchess, Fulton. Gret • k -. Madison, Montgomery, N 1 s- \ew York, Oneida, Onondaga, Orange, Otsego, Putnam. Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Buffolk, Sullivan, Tioga, REVISION OF QUARANTINE REGULATIONS Ulster, Washington, and Westchester; towns of Red House and Salamanca, and the city of Salamanca, in Cattaraugus County; city of Auburn and the towns of Fleming, Owaseo, and Sennett, In Cayuga County; towns of Amherst, Cheek- towaga, and Tonawanda, and the cities of Buffalo and Lackawanna, in Erie Coitnt;/; towns of Columbia, Danube. Fairfield, Frankfort, German Fiats, Herki- mer, Litchfield. Little Falls, Mauheim, Newport, Salisbury. Schuyler, Stark, Warren, and Winfield, and the city of Little Falls, in Herkimer County; town of Watertown and city of Watertown, in Jefferson County; town of Mount Morris and village of Mount Morris, in Livingston County ; city of Rochester and town of Brighton, in Monroe County; towns of Catharine, Cayuta. Dix, Hector, Mon- tour, and Reading, and the borough of Watkins Glen, in Schuyler Count)/: towns of Caton, Corning. Erwin, Hornby, and Hornellsville, and the cities of Corning and Horuell, in Steuben County; towns of Caroline, Dauby, Dryden, Enfield, Ithaca, Newiield, and the city of Ithaca, in Tompkins County; towns of Luzerne and Queensbury and the city of Glens Falls, in Warren County. Ohio. — Counties of Belmont, Carroll, Columbiana, Cuyahoga, Guernsey. Harri- son, Jefferson, Mahoning, Medina. Portage, Stark. Summit. Tuscarawas, and Wayne; the city of Coshocton, in Coshocton County; the city of Columbus, and villages of Bexley, Grandview, Grandview Heights, Hanford. Marble Cliff, and Upper Arlington, in Franklin County; townships of Kirtland, Mentor, and Wil- loughby, and the villages of Kirtland Hills, Lakeline. Mentor, Mentor-on-the- Lake, Waite Hill. Wickliffe, Willoughby, and Willowick, in Lake county; the township of Newark and city of Newark, in Licking Count)/: the city of Toledo. in Lucas County: the township of Madison and the city of Mansfield, in Rich- land County: townships of Bazetta, Braceville, Brookfield, Champion, Fowler, Hartford. Howland. Hubbard. Liberty. Lords! own. Newton. Southington, Warren, Weathersfield. and Vienna, the cities of Niles and Warren, and the villages of Cortland. Girard, Hubbard, McDonald, Newton Falls, and Orangeville, in Trum- bull County. Pennsylvania. — The entire State except the townships of Athens. Beaver. Bloom- field. Cambridge. Conneaut, Cussewago, East Fairfield, East Fallowfleld, Lasr Mead, Fairfield, Greenwood. Hayfield, North Shenango, Line. Randolph, Rich- mond, Rockdale. Sadsbury. South Shenango. Spring, Steuben, Summer hill, Sum- mit, Troy, Union. Venango, Vernon. Wayne, West Fallowfield. West Mead, West Shenango, and Woodcock, the borough- of Blooming Valley, Cambridge Springs, Cochranton, Conneaut Lake. ConneautviUe, Geneva, Linesrille, Saegerstown, Springboroi Townville. Venango, and Woodcock, and the city of Meadvi] Crawford County; the townships of Amity. Conneaut. Elk Creek, Fairview, Frank- lin, Girard. Greene, Greenfield. Harborcreek, Lawrence Lark. Le Boeuf, McKean, North E;ist, Springfield, Summit, Union, Venango, Washington, and Waterford, and the boroughs of Albion. ( 'ranesville. East Springfield, Edinboro, Fairview, Girard, Middleboro. Mill Village, North East. North Girard, Platea, Union City. Waterford. Wattsburg, and Weslevville. in Erie Count 11: the township- of Deer creek. Delaware, Fairview, French Creek. Greene, Hempfield, Lake. Mill Creek, New Vernon, Otter Creek, Perry, Pymatuning, Salem, Sandy Creek, Sandy Lake. South Pymatuning, Sugar Grove, and West Salem, and the borougl ciarksviiie. Fredonia. Greenville, Jamestown, New Lebanon, Sandy Lake. Sheak- leyville, and Stoneboro, in Mercer County. Rhode Island. — The entire State. Vermont. — Counties of Bennington, Rutland, Windham, and Windsor: and the town of Burlington, in Chittenden County. Virginia. — Counties of Accomac, Arlington, Culpeper, Elizabeth city. Fairfax Fauquier, Henrico, Loudoun, Norfolk, Northampton, Prince William, Princess Anne, and Stafford; magisterial districts of Bermuda, Dale, Manchester, and Matoaca, in Chesterfield County; town of Emporia, in Greensville County; mag Isterial district of Sleepy Hole, in Nansemond County; lal distri< Hampton, Jackson, and Wakefield, in Rappahannock County; magisterial dif of Courtland, in Spotsylvania County; Camp Stuart, in Warwick County; Isterial distrid of Washington, in Westmoreland < Alexandria. Fredericksburg, Hampton, Newport N mouth, Richmond, South Norfolk. Suffolk, and Winchester. West Virginia. Counties of Brooke, Hancock, Harrison, Jefferson, .Marion. Monongalia, Ohio, and Taj lor ; districts of Arden, Fa I Opequon, and the city of Martinsburg, in B intuitu: the eitj of Charles- ton, in Kanawha County; districts "i Sand Hill. Union, V> ngton, am! Bter, in Mm shall County; town of K sei and disti aukfort, in .1/ G BUREAU OF ENTOMOLOGY AM) PLANT QUARANTINE County; and the city of Parkersburg, and districts of Lubeck and Tygart, in 11 <><>l< < Olllltll. Si i 301.48 \. Extension or reduction of regulated areas. — The regulated areas designated in section 301.48 :; may be extended or reduced as may be found advis- able by the Secretary oi Agriculture. Doe notice of any extension or reduction and the areas affected thereby will i>e given in writing to the transportation com- Dailies doing business in or through the States in which such areas are located and by publication in one or more newspapers selected hy the Secretary of Agri- culture within the States in which the areas affected are located. 1.48 •">. Restrictions on the movement of fruit* (nut vegetables. — (a) Control of movement. — (1) Unless a certificate shall have heen issued therefor, by an Inspector, except as provided In subdivisions (<) to >. Inclusive, of this section, no fruits or vegetables of any kind shall be moved interstate via re- frigerator car, Or motortruck, or in Lot Shipments Of three pieces or more by common carrier, from any of the areas listed helow to or through any point out- side the regulated areas : Delaware.— The entire State. District of Columbia. — The entire District. Maryland.— Counties of Cecil, Hartford, Kent, Queen Amies, Somerset, and Worcester; election district No. 5 In Anne Arundel County; the city of Balti- more; all of Baltimore County except election districts Nos. 4. .">. (J. and 7 : "all of Caroline County except election districts of American Corners (No. 8), and Hillsboro (No. 6); election districts of Cambridge (No. 7), East New Market (No. 2), Hnriock (No. 16), and Williamsburg (No. 12), in Dorchester County; election districts of Klk Ridge (No. 1), and Ellicott City (No. 2), in Howard County; election districts of Camden (No. 13), Delmar (No. 11), Dennis (No. t>). Fmitland (No. 16), Natters (No. 8), Parsons (No. 5), Pittsburg (No. 4). Salisbury (No. '.»>, and the town of Salisbury, Trappe (No. 7). and Willard (No. 14 >. in Wicomico County. \i w Jersey. — Counties of Atlantic, Burlington, Camden, Cape May, Cumber- land, Essex, Gloucester, Hudson, Hunterdon, Mercer. Middlesex. Monmouth, Ocean. Salem. Somerest, and Union; townships of Lodi, Lyndhurst. Overpeck, Rochelle Park, Saddle River, and Teaneck, the cities of Englewood, Garfield, and Ilackensack, and the boroughs of Bogota, Carlstadt, Cliffside Park. East Paterson, East Rutherford, Edgewater, Englewood cliffs. Fair Lawn, Fair- view. Fort Lee, Glenn Pock, Hasbrouck Heights, Leonia, Little Ferry, Lodi, Maywood. Moonachie, North Arlington, Palisades Park. Ridgefield, Rutherford, Tetorhoro. Wallingtoo, and Wood Ridge, in Bergen County; townships of Chatham, Chester, Denville, East Hanover, Hanover, Harding, Menham, Morris, Morristown, Parsippany-Troy Hills. Passaic, Randolph, and Washington, and the boroughs of Chatham. Florham Park, Madison, Mendham. and Morris Plains, in Morris County; township of Little Falls, the cities of Clifton, Passaic, Paterson, and the boroughs of Baledon, Hawthorne. North Ilalodon. Prospect Lark. Totowa, and Wesi Paterson, In Passaic County; townships of Franklin, Greenwich, Lopatcong, Mansfield, PhiUipsburg, Pohatcong, and Washington, and the bor- oughs of Alpha and Washington, In Warren County. Pennsylvania. — Counties of Bucks, Chester, Delaware. Lancaster, Montgomery, and Philadelphia: townships of Alsace, Amity. Pern. Brecknock, Caernarvon, Colebrookdale, Cumru, District, Douglass, Earl, Exeter, Hereford, Longswamp, Lower Alsace, Maidencreek, Maxatawny, Muhlenberg, Oley, Ontelaunee, Pike, Richmond, Robeson, Rockland, Ruscombmanor, South Heidelberg, Spring, Union, and Washington, the city of Reading, and the boroughs of Pally, telsville, Birdsboro, Boyertown, Fleetwood, Kutztown, Lyons. Mohnton, Mount I'cnn. Saint Lawrence, Shillington, Sinking Spring, Temple, Topton, Lawn, West [leading, Wyomissing, and Wyomissing Hills, In Berks County; township of Lower Allen, and borough of New Cumberland, in Ciim- berland County: townships of Londonderry, Lower Paxton, Lower Swatara, I icliaima, and Swatara, the city of Harrisburg, and the boroughs of High- spire, Middletown, Paxtang, Penbrook, Royalton, and Steelton, In Dauphin 'n; townships of Hanover, Lower Macungie, Lower Milford, Salisbury, Whitehall, Upper Macungie, Upper Milford, Upper Saucon, and Whitehall, the city of AJlentown, and the boroughs of Alburtis, Catasauqua, Coopersburg, Coplay, Emaus, Fountain Mill, and Macungie, In Lehigh County; townships . i i orks, Hanover, Lower Nasareth, Lower Saucon, Palmer, and Williams, the cities of Bethlehem and BSaston, and the boroughs of Glendon, Tatamy, West on, and Wilson, in Northampton County; town-hips (»f Chanceford, Cone- REVISION OF QUARANTINE REGULATIONS 7 wago, East Hopewell, East Manchester, Fairview, Fawn. Hellam, Hopewell, Lower Chanceford, Lower Windsor. Newberry, and Peach Bottom, and the boroughs of Cross Loads. East Prospect, Fawn (hove. Goldsboro. Hallam, Lew- isberry. Manchester, Mount Wolf, Stewartstown, Wrightsville, Yorkana, and York Haven, in York County. Virginia. — Counties of Accomac, Arlington, and Northampton. Provided, That shipments of fruits and vegetables moving interstate from the area specified in paragraph ( a I (1) of this section to other points in the regulated area and subsequently diverted to points outside the regulated area, shall be regarded as direct shipments from the point of origin. As such they require certification: Provided further, That the Chief of the Bureau of Entomology and Plant Quarantine may by administrative instructions extend or reduce the areas specified in this section when in his judgment such action is considered advisable. (i) No restrictions are placed on the interstate movement of fruits and vegetables between October 10 and June 14, inclusive, except that in the case of movement interstate from the following areas, the exemption applies only during the period from October 16 to May 31, inclusive : Virginia. — The counties of Accomac and Northampton. (n) No certificate or permit will be required for the interstate movement of fruits and vegetables when transported by a common carrier on a through bill of lading either from a point outside the area designated in this section through that area to another outside point, or from the area designated in this section through a non regulated area to another regulated area, except that a certificate is required for interstate movement from the area specified in paragraph (a) (1) of this section to Toledo, Ohio, and Winchester, Va. (Hi) No restrictions are placed on the interstate movement of fruits and vegetables when they shall have been manufactured or processed in such a manner that in the judgment of the inspector no infestation could be transmitted. (iv) No restrictions are placed on the interstate movement of fruits and vegetables from the area listed in paragraph (a) (1) of this section to the remainder of the regulated area, other than as specified in subdivision (ii) of this section. (&) Conditions of certification. — Certificates may be issued for the inter- state movement of fruits and vegetables between June 15 and October 15, inclu- sive (or between June 1 and October 15. inclusive, when consigned from Accomac County or Northampton County, Va.) under one of the following conditions : (1) When the fruits and vegetables moving by motortruck or in lot ship- ments of three pieces or more by common carrier, have actually been Inspected by the United States Department of Agriculture and found free from Infestation. The number of inspection points for such certification will tie limited and their location determined by shipping needs and further conditioned on the estab- lishment at such points of provisions satisfactory to the inspector for the han- dling and safeguarding of such shipments during inspection. Such Inspection may be discontinued and certification withheld by the inspector during periods of general or unusual flight of the beetles. (2) When the fruits and vegetables have been handled or treated under the observation of an inspector in manner and by method to free them from :iny infestation. (3) When the fruits and vegetables have originated outside the an oated in this section, and are to be reshipped directly from freight yards, transfer points, or unloading docks within such areas, under provisions satisfactory to the inspector u>\- safeguarding of such shipments pending certification and reshipment. Certificates on tin- basis will be Issued without Inspection only in cases where, in the judgment of the Inspector, the shipments concerned bave not been exposed to Infestation while within such freight yards, transfer points, or unloading docks. (4) When the fruits and vegetable* were grown 'm districts where th< has been established to the satisfaction of ihc Inspector that no Infestation exists and are to be shipped directlj from i be farms win re grown to points outside the areas designated In paragraph («) (1) of this Roctlon, oi nped from infested districts where the fact has been established t<. the inspector that the Japanese beetle baa not begun or has ceased Its flight 8 BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE (5) When the fruits and vegetables moving via refrigerator car from the area designated In this section have been Inspected and loaded in a manner to prevent Infestation, in a refrigerator car with closed or adequately screened doors and hatches, which car prior to loading lias been determined by an Inspector a< fumi- gated or thoroughly swept and cleaned by the common carrier in a manner to rid ii of Infestation. During the Interval between fumigation or cleaning and loading, Buch refrigerator car must be tightly closed and sealed. (For further requirements on the cleaning of refrigerator cars, see sec. 301.48-13.) (6) When the fruits and vegetables moving via refrigerator car from the area designated in this section have been fumigated in the car. when deemed necessary in the judgment of the Inspector, and when the doors and hatches of the car have been tightly closed or adequately screened under the supervision of an inspector. Sec. 301.48 6. Restrictions on the movement of nursery and ornamental stock. — I a i Control of movement. — Nursery and ornamental stock as defined in section 301.48 1 shall not he moved interstate from the regulated areas to or through any point outside thereof, unless a certificate or permit shall have been issued there- for by the Inspector except as follows: (1) The following articles, because of their growth or production, or Their manufactured or processed condition, are considered innocuous as carriers of infestation and are. therefore, exempt from the requirements of certification. (/) Tine bulbs, conns, and tuhors. when dormant, except for storage growth, and when free from soil: and single dahlia tubers or small dahlia root divisions when free from stems, cavities, and soil. Dahlia tubers, other than single tubers or small root divisions meeting these conditions, require certification. (ii) Cut orchids; orchid plants when growing exclusively in Osmunda fiber; Osmunda fiber, Osmundine, or orchid peat {Osmunda cinnamomea and 0. clay- toniana). (Hi) (a) Floral designs or "set pieces," including wreaths, sprays, casket cov- ers, and all formal florists' designs; bouquets and cut flowers not so prepared are not exempted; (b) trailing arbutus, or Mayflower (Epigaea repens), when free from soil, and when shipped during the period between October 16 and June 14, inclusive. (iv) (a) Herbarium specimens, when dried, pressed, and treated, and when so labeled on the outside of each container of such materials; (b) mushroom spawn, in brick, Hake, or pure culture form. (v) (/') Soil-free, dried roots incapable of propagation, when appropriately labeled. (2) No restrictions are placed on the Interstate movement of nursery and ornamental stock imported from foreign countries when reshippod from the port of entry in the unopened original container and labeled as to each container with a copy certificate of the country from which it was exported, a Statement of the general nature and quantity of the contents, the name and address of the consignee, and the country and locality where grown. CI i Xo restrictions are placed on the interstate movement of soil-free aquatic plaids, and of portions of plants without roots and free from soil, except that a certificate is required for the movement of cad flowers (hiring the period June 15 to October 1.1, inclusive. i 1 1 No certificate or permit will be required for the interstate movement of nursery and ornamental stock when transported by a common carrier on a through bill of lading either from an area not under regulation through a regu- lated area, or from a regulated area through a nonregulated area to another regulated area, except thai a certificate is required between June i."i and October 15, Inclusive, for interstate movement of cut flowers from the main regulated areas to the following-named isolated points: Brewer and Waterville, .Maine; Brighton, Buffalo, Hornell, Mount Morris. Rochester, and Watertown, and the town of ii<»ineiis\ iiie, Steuben County, X. Y., or to other regulated parts of Erie, Jefferson, and Livingston Counties, N. v.; Columbus, Coshocton, Mansfield, Newark, and Toledo, (duo, or to other regulated parts of Licking and Richland Counties, Ohio; Corry and Brie, Pa.| Burlington, N't.; Winchester, Ya.j and REVISION OF QUARANTINE REGULATIONS 9 Charleston and Parkersburg, W. Va. No restrictions are placed on the interstate movement of cut flowers from the above-named isolated points. (b) Conditions governing the issuance of certificates and permits. — For the purpose of certification of nursery and ornamental stock, nurseries, greenhouses, and other premises concerned in the movement of such stock will be classified as follows : (1) Class I. — Nurseries, greenhouses, and other premises concerned in the movement of nursery and ornamental stock on or within approximately 500 feet of which no infestation has been found may be classified as class I. Upon com- pliance with the requirements of paragraph (b) (7) of this section nursery and ornamental stock may be certified by the inspector for shipment from such premises without further inspection, and without meeting the safeguards pre- scribed as a condition of interstate shipment of plants originating in nurseries or greenhouses of class III. (2) Class III. — (/) Nurseries, greenhouses, and other premises concerned in the movement of nursery and ornamental stock on which either grubs in the soil or one or more beetles have been found, will be classified as class III, provided (a ) there are maintained on the premises subdivided class I areas, certified houses, frames, or plots or other certified areas, or (b) there is a legitimate need for interstate or intradealer certification of such stock. Such classification will not be granted to nurseries, greenhouses, and other premises that do not maintain certified or subdivided areas and require only infrequent certification. Such classification also may be given to nurseries, etc., where one or more beetles or grubs are found in the immediate proximity (within approximately 500 feet) of such nurseries 1 , etc., on adjacent property or properties. In the case of nursery properties under single ownership and management but represented by parcels of land widely separated, such parcels may be independently classified either as class I or class III upon compliance with such conditions and safeguards as shall be required by the inspector. Similarly, unit nursery properties, which would otherwise fall in class III, may be open to subdivision, for the purpose of rating such subdivisions in classes I or III, when in the judgment of the inspector such action is warranted by scanty infestation limited to a portion of the nursery concerned: Provided, That the subdivision containing the infestation shall be clearly marked by boundaries of a permanent nature which shall be approxi- mately 500 feet beyond the point where the infestation occurs. (//) Upon compliance with paragraphs (b) (3), (0). and (7) of this section, nursery and ornamental stock may be certified by the inspector for shipment from such premises under any one of the following conditions : («) That the roo s shall be treated by means approved by the Bureau of Entomology and Plant Quarantine in manner and by method satisfactory to the inspector; or (6) in the case of plants in which the root system is such that a thorough inspection may be made, that the soil shall be entirely removed from the stock by shaking or wash- ing; or (c) that it shall be shown by evidence satisfactory to the Inspector that the plants concerned were produced in a certified greenhouse. (3) Greenhouses of class 111 may be certified npon compliance with all the following conditions with respect tq the greenhouses themselves and to all potting beds, heeling-in areas, hotbeds, coldframes, and similar plots : (i) Ventilators, doors, and all other openings in greenhouses or coldframes on premises in class III shall be kept screened in manner satlsfac ory to the inspector during the period of flight Of the beetle, namely, south of the northern boundaries of Maryland and Delaware between June 1 and October 1, Inclusive, or north thereof between June 15 and October 15, inelus > (ii) Prior to introduction Into nurseries or greenhouses, sand, if contamiD with vegetable matter, -oil. earth, peat, co] manure taken from lnf< locations or which may lane been exposed i" Infestation, must be sterilis fumigated under the direction and supervision of. and in manner and by in. satisfactory to the inspector, n Buch sand, soil, earth, peat, compost, or manure is not to be immediately used in Buch greenhouses, it must be protected from possible Infestation in manner and by method satisfactory to the Inspector. (///) All potted plants placed in certified greenhouses of class ill and Mil potted plants io he certified for interstate movement therefrom 11 be potted in certified soil; (o) shall, if grown outdoors south "f the northern boundaries of Maryland and Delaware at any time between .inn.' l and i ber 1, inclusive, or north thereof at any time between .lune 15 and October 15, 10 BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE inclusive, be kept In screened frames white outdoors; (c) shall, if grown out- door- during any pari of the year, be placed in beds in which the soil or other material shall have been treated in manner and by method approved by the Bureau of Entomology and riant Quarantine to eliminate infestation; and ( (h shall comply with such other safeguards as may be required by the inspector. (4) Cut flowers may he certified for movement either (i) when they have been inspected by an Inspector and found free from infestation, or (it) when they have been grown in a greenhouse of class I or in a certified greenhouse of class III and are transported under such safeguards as will in the judg- ment of the inspector prevent infestation. (See also paragraph (a) (3) of this section, i (5) Nursery and ornamental stock originating on or moved from unclassified premises may he certified by the inspector under either one of the following conditions: Control of m<>r> m< nt. Sand, soil, earth, peat, compost, and manure shall not be moved interstate from :1 ny point in the regulated areas to or through any point outside thereof unless a certificate or permit shall have Issued therefor by the Inspector, except as follows: (1 Ictlons are placed on the interstate movement of (i) sand and when frii from vegetable matter: (//) greensand marl: and (Hi) such i ;ind clays ;is have been treated or processed and subsequently handled in - Hh mannei that in the judgment of the Inspector no Japanese beetle could REVISION OF QUARANTINE REGULATIONS 11 exist therein* provided that each container of such article shall be labeled on the outside thereof as to nature of contents, except that in the case of bulk ship- ments such label shall accompany the waybill or other shipping papers. (2) No restrictions are placed on the interstate movement of manure, peat, compost, or humus (i) when dehydrated, shredded, (/round, pulverised, or com- pressed, or (ii) when treated with crude petroleum or any other product having high potency us an insecticide, and when so labeled on the outside of each com- mercial container of such materials. (3) No restrictions are placed on the interstate movement of sand, soil, earth, peat, compost, and manure imported from foreign countries when re- shipped from the port of entry in the unopened original container and labeled as to each container with the country of origin, and when the shipment is further protected in manner or method satisfactory to the inspector. (4) No certificate will be required for the interstate movement of sand, soil, earth, peat, compost, and manure when transported by a common carrier on a through bill of lading either from an area not under regulation through a regu- lated area, or from a regulated area through a nonregulated area to another regulated area. (&) Conditions of certification. — Certificates for the movement of restricted sand, soil, earth, peat, compost, and manure may be issued under any one of the following conditions : (1) When the articles to be moved have originated in districts included in the regulated area, but in which neither beetles nor grubs in soil have been found. (2) When the material consists of fresh manure or of mined, dredged, or other similar materials, and it has been determined by an inspector that no infestation could exist therein. (3) W T hen the material has been removed, under the supervision of an in- spector, from a depth of more than 12 inches below the surface of the ground and either (i) is to be moved between October 16 and June 14, inclusive, or (ii) is loaded and shipped at points where it has been determined by an inspector that no general infestation of adult beetles exists, or {Hi) when the cars and loading operations are protected by screening under the direction of and in manner and by method satisfactory to the inspector. (4) When the material has been fumigated with carbon disulphide or other- wise treated under the supervision of and in manner and by method satisfactory to the inspector. Such fumigation or treatment will be required as a condition of certification of all restricted sand, soil, earth, peat, compost, and manure, except such as is loaded and shipped in compliance with paragraphs (b) (1). (2), or (3) hereof. Sec. 301.48-8. Conditions governing the protection of restricted articles from infestation while in transit. — Fruits and vegetables, nursery and ornamental stock, and sand, soil, earth, peat, compost, and manure, moving interstate from or through the regulated areas to points outside thereof between June 15 and October 15, inclusive, shall at all times while they are in the regulated areas be screened, covered, or otherwise protected in manner or method satisfactory to the inspector for safeguarding the articles from infestation. Trucks or other road vehicles transporting restricted articles may be sealed by the inspector at the point of inspection, and .ill such seals shall remain intact as long as tin 1 vehicle is en route within the regulated area. Sec. 301. 48-9, Marking and certification a condition of ini< rstate transporto. Hon. — (a) Every box, basket, or other container of restricted article-; listed in sections 301. 4S .">, the consignee upon deliyery of the shipment. 12 BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE si.. 301.48 10. General conditions governing inspection person shall ship or offer for shipmenl to any common carrier, REVISION OF QUARANTINE REGULATIONS 13 nor Shall any common carrier receive i'<>r transportation or transport, nor shall any person carry or transport, from any quarantined State or Territory or Disr trict of the United States, or from any quarantined portion thereof, into or through any other Slate or Territory or District, any class of nursery stock or any other class of plants, fruits, vegetables, roots, bulbs, seeds * * * or any other article * * * specified in the notice of quarantine * * * in man- ner or method or under conditions other than those prescribed by the Secretary of Agriculture. It also provides that any person who shall violate any of fht. pro- visions 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 Agri- culture shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, lie punished by a fine not exceeding $500, or by imprisonment not exceed- ing 1 year, or both such fine and imprisonment, in the discretion of the court. STATE AND FEDERAL INSPECTION Certain of the quarantined States have promulgated or are about to promul- gate quarantine regulations restricting instrastate movement supplemental to the Federal quarantine. These State regulations are enforced in cooperation with the Federal authorities. Copies of either the Federal or State quarantine ord >rs may be obtained by addressing the United States Department of Agriculture. Glenwood Avenue. Bloomfield, N. J. Subsidiary offices are maintained at the following locations: Connecticut: Agricultural Experiment Station, 123 Huntington Street, New Haven, Conn. Delaware : Room 210, New Post Office Building, Dover, Del. Maryland : Room 300. Post Office Building, Calvert and Fayette Streets. Baltimore. Md. Japanese Beetle Inspection, Plant Introduction Garden, Glenn Dale, Md. Washington ('ounry Annex Building, Hagerstown. Md. Room 202. New Post Office Building, Main Street. Salisbury, Md. Massachusetts: 144 Moody Street. Waltham, Mass. New Jersey : Kotler Building, Main and High Streets. Glassboro, N. J. P. O. Box 1. Trenton, N. J., or Yardville Road, White Horse. N. J. New York : Room 838, 041 Washington Street, New York. N. Y. Room 200, 2."in7 James Street; Syracuse, N. Y. Ohio: 21065 Euclid Avenue. Euclid, Ohio. Pennsylvania : Room 308, Post office Building. Harrisburg, Pa. Torresdale Avenue, Philadelphia. Pa. Room 4.'J^-K. New Post Office Building, Pittsburgh, Pa. Virginia : Room 217. New Federal Building, Granby Street and Brambleton Avenue, Norfolk, Ya. 17 North Boulevard, Richmond. Ya. West Virginia: County Agent's office. Courthouse Building, Clarksburg, w. Ya. Arrangements may be made Cor Inspection and certification <»t* shipments from the District of Columbia by calling Republic 4142, branch 2508, inspection h"UM> of the Bureau <>\~ Entomology and plant Quarantine, 224 Twelfth street s\v., Washington, D. C. GENERAL OFFICES ( I $Q Department of Entomology, Agricultural Experiment Station, New Haven, Conn. Board of Agriculture, Dov< r, Del. Stair horticulturist, Augusta, Maine. Department of Entomology, University of Maryland, College Park, lid Division of plant Pest Control, Department of Agriculture, Btatehouse, Boston, Mass. Deputy commissioner, Department of Agriculture, Durham, N B Bureau of Plant Industry, Department of Agriculture, Trenton, N. J. 11 BUREAU 01 ENTOMOLOGY AND PLANT QUARANTINE Bureau of I 'la nt industry, Department <»f Agriculture and Markets, Albany, N 5 Division of Plant industry. Department of Agriculture, Columbus, Ohio. Bureau of Plant Industry, Department of Agriculture, Harrisburg, Pa. Bureau of Entomology, Department of Agriculture, Statehouse, Providence, i; i Entomologist, Department of Agriculture, Montpelier, \'i. Division of I'lani industry, Department of Agriculture and Immigration, Rich] id. Ya. State entomologist, Department of Agriculture, Charleston, w. Ya. U. S. COVCKNVtNT PRINTING OFFICE: 1941 UNIVERSITY OF FLORIDA 111 3 1262 08721 6007