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Inspection of Horticultural Merchandise.- To guard against the introduction of insect pests and plant diseases, governments have instituted inspection service at ports of entry and for interstate commerce. The regulations may be federal, or state or provincial.

The plant-quarantine act.

A federal plant-quarantine act was enacted by Congress August 20, 1912. This act authorizes the Secretary of Agriculture to regulate the importation of nursery stock and other plants and plant-products, and to establish and maintain quarantine districts for plant- diseases and insect pests within the United States, and also to exclude by quarantine diseased plants or plant- products from foreign countries or to provide such regulations governing the entry of such materials as will insure safety.

The first general attempt to secure national legislation of this nature resulted from the introduction of the San Jos6 scale into the eastern United States and its threatened general distribution on nursery stock. To meet this emergency, a convention was called in Washington in 1897, composed of the delegates from horticultural societies, nurserymen's associations, state agricultural boards, agricultural colleges and experiment stations—a large and representative body of men. After full discussion a bill was drafted, the primary object of which was the control of domestic nursery stock, but which provided also for the inspection of foreign nursery stock. While this measure received the endorsement of the convention, and was submitted to Congress, the different interests were not fully agreed as to the desirability of all its features, and it was not heartily pushed and was ultimately dropped with the idea of replacing it by a more suitable bill.

During succeeding years, a number of bills covering the same general subject were introduced at the different sessions of Congress, and some of these were reported favorably from the Committee on Agriculture, but the opposition of importing nurserymen prevented any of these measures ever reaching a very advanced stage. In the meantime, various conferences were held between the entomologists of the different states and horticultural inspectors and the principal nurserymen's associations, without, however, coming to any agreement as to suitable legislation. Finally, in 1908, the promoters of this legislation having become thoroughly discouraged, the project was definitely abandoned— the San Jos6 scale in the meantime having been earned on nursery stock into practically every state in the Union.

The effort which eventually resulted in the enactment of the present law was due to the discovery, in 1909, of the introduction of enormous quantities of brown-tail moth nests full of hibernating larva; on seedling fruit stock, chiefly from northern France and Belgium. With these were occasional egg-masses of the gipsy-moth. During the years 1909 and 1910, stock infested with thousands of larval nests was sent to no less than twenty-two different states, covering the country from the Atlantic seaboard to the Rocky Mountains. So far as possible, this stock was followed up by state and federal inspectors and the infesting insects destroyed.

This new danger led the writer in 1909 to draft a national quarantine and inspection bill relating particularly to imported nursery stock, and other plants and plant-products offered for entry from foreign countries, but providing also means for quarantining new pests locally established within the United States. This bill promptly passed the House, but was objected to by nurserymen, and was withdrawn with the idea of revising it so as to meet in a satisfactory way these objections. There followed many attempts to draft a measure which would give reasonable protection and be at the same tune satisfactory to the nursery interests, and many different bills were introduced in Congress from time to time, all based on the original bill just referred to. Securing desirable legislation of this kind— against a small but organized opposition—is a slow process, and the effort instituted in January, 1909, did not reach fruition until August, 1912. The passage of the act was finally much aided by the hearty cooperation of Californian interests, due to the discovery that the Mediterranean fruit-fly had become thoroughly established in Hawaii and was likely at any time to be carried by Hawaiian fruits to California, and thus jeopardize the vast fruit development of that state.

The bill as passed is a compromise measure, and divides responsibility between the federal government and the state authorities. It, furthermore, gives no control over the interstate movement of domestic nursery stock, except as to areas and plants specifically quarantined.

The scope of this act has been given in an opening paragraph. The system of control of imported nursery stock and a description of the several foreign and domestic plant quarantines and restrictive orders follow.

Control of nursery stock importations.

For the purposes of this act, nursery stock offered for entry into the United States falls into two classes, namely:

1. That coming from countries having an official inspection and certification system, and

2. From countries which have no system of inspection or certification.

Nursery stock from the first class of countries, arrives with some assurance of freedom, or at least the responsibility for its condition fixed on some known foreign official.

Nursery stock from the second class of countries arrives with no information as to its probable freedom from infestation by insects or diseases.

Commercial importations are permitted only from the countries belonging to the first category, and from countries belonging to the second category importations are limited by regulation and permitted only for experimental or scientific purposes. Mail importations are not permitted except of field, vegetable, and flower seeds.

The following countries have provided for inspection and certification of export plants and plant-products in conformity with the regulations under the plant-quarantine act: Australia, Barbados, Belgium, Bermuda, British Guiana, Canada, Cuba, Denmark, England, France, Germany, Guatemala, Holland, Ireland^ Japan, Leeward Islands, Antigua, St. Christopher- Nevis, Dominica, Montserrat, Virgin Islands. Grand Duchy of Luxemburg, New Zealand, Scotland, Union of South Africa, Straits Settlements, Switzerland, Trinidad, Wales, Windward Islands, Granada, St. Lucia, and St. Vincent; and these include most of the countries which have hitherto maintained any considerable commercial trade in nursery stock with the United States. Any other country may obtain the benefits of commercial exportation by providing for the proper inspection and certification of exported stock. The Italian government has indicated that the Province of Padua will certify export nursery stock, and a national law has been passed with the object of ultimately meeting for the country as a whole the requirements of the plant- quarantine act.

The federal act has very greatly stimulated those foreign countries which have considerable commercial trade in plants with the United States to do better work of inspection and to provide suitable legislation and officers to meet the requirements of the act.

The United States is no longer a dumping-ground for any sort of infested and diseased stock. Brown-tail moth and gipsy-moth infestation has practically ceased, insect infestation by any important pest is rare, and the general condition of the stock has been very much improved.

In general explanation of the federal powers in relation to the importation of nursery stock, it may be said that these powers relate (1) to the issuance of permits for the importation of nursery stock, (2) the provision for foreign inspection and certification as a condition of entry, and (3) the distribution to the several state inspectors of exact information in regard to the origin, arrival, and destination of the imported stock.

To the several states is left the entire responsibility for the inspection at destination of commercial importations of nursery stock, and, if this inspection is not done by state inspectors, there is nothing in the federal law to make good this neglect. Most of the states have made fairly adequate provision for such inspection, and this inspection, as shown by the pests intercepted and destroyed, has been of tremendous value.

Foreign plant quarantines.

Under the provisions of Section 7 of the plant-quarantine act, the following foreign plant-quarantines nave been established:

White pine blister-rust,—This is Quarantine No. 1. promulgated September 16, 1912, and amended and superseded by Quarantine No. 7, promulgated May 21, 1913. This quarantine was drawn to prevent the introduction into the United States of the white pine blister-rust, and forbids the importation into the United States from each and every country of Europe and Asia of all five-leafed pines.

Potato wart.—This is Quarantine No. 3, promulgated September 20, 1912, to prevent the introduction into the United States of the disease known as "potato wart," ''potato canker," "black scab," and the like, and forbids the importation into the United States from the countries of Newfoundland, the islands of St. Pierre and Miquelon, Great Britain and Ireland, Germany, and Austria-Hungary, of the common or Irish potato (Solanum tuberosum).

Mexican fruit-fly.—This is Quarantine No. 5, and was promulgated January 15, 1913, to prevent the introduction into the United States from Mexico of the insect known as the Mexican fruit-fly (Trypeta ludens), and forbids the importation into the United States from the Republic of Mexico of 
the following fruits: oranges, sweet limes, mangoes, Achras sapota, peaches, guavas, and plums. It was amended February 8, 1913, to include, in addition to the above fruits, the grapefruit and its horticultural varieties.

Pink boll-worm of cotton.—This is Quarantine No. 8, promulgated May 28, 1913, to prevent the introduction into the United Sates of the pink boll-worm of cotton, and forbids the importation into the United States of cotton-seed of all species and varieties and cottonseed hulls from any foreign locality and country, excepting only the locality of the Imperial Valley in the state of Lower California in Mexico. The importation from the region specified in Mexico is governed by regulations. By later amendments this quarantine was lifted and cotton-seed and seed-cotton were permitted to be entered, under regulations, from the Mexican states of Neuvo Leon, Tamaulipas, Coahuila, Durango, and Chihuahua.

Potato quarantine.—This is Quarantine No. 11, promulgated December 22, 1913, to prevent the introduction into the United States of the disease known as powdery scab (Spongospora subterranea), and forbids the importation into the United States from the Dominion of Canada, Newfoundland, the islands of St. Pierre and Miquelon. Great Britain, Ireland and Continental Europe, of the common or Irish potato (Solanum tuberosum), until such time as it shall have been ascertained to the satisfaction of the Secretary of Agriculture that the country or locality from which potatoes are offered for import is free from powdery scab and other injurious potato diseases. Amendments 1 and 2, February 20; 3, March 12; and 5, November 30, 1914. eliminate Belgium, Denmark, and the Netherlands, and the Dominion of Canada, from the provisions of this quarantine and make it possible to import potatoes under regulation from these countries. The importation under regulation is also now permitted from Bermuda. Santo Domingo, and the states of Chihuahua and Sonera, Mexico. Amendment 4 to this quarantine, promulgated June 25, 1914, eliminates the territory of Porto Rico from its provisions.

Avocado seed quarantine.—This is Quarantine No. 12, promulgated February 27, 1914, to prevent the introduction into the United States of the avocado weevil (Heilipus lauri), and forbids the importation into the United States of the seeds of the avocado or alligator pear from Mexico and the countries of Central America.

Sugar-cane quarantine.—This is Quarantine No. 15, promulgated June 6, 1914, to prevent the introduction into the United States of injurious insects and fungous diseases of the sugar-cane, and forbids the importation into the United States, from all foreign countries of living canes of sugar-cane, or cuttings or parts thereof. This quarantine does not apply to Hawaii and Porto Rico.

These foreign quarantine orders are absolute prohibitions of the entry of the goods covered, and are enforced through the active cooperation of the customs service of the Treasury Department.

Domestic plant quarantines.

Under the provisions of section 8 of the plant- quarantine act the following domestic plant-quarantines have been established:

Mediterranean fruit-fly.—This is Quarantine No. 2, promulgated September 18, 1912, to protect the United States from the entry of the Mediterranean fruit-fly, now thoroughly established in the Hawaiian Islands. This quarantine prohibits the shipment of any of the fruits and vegetables specified in the notice of quarantine into or through any other state, territory, or district of the United States.

Gipsy-moth and brown-tail moth.—This is Quarantine No. 4, promulgated November 5, 1912, and revised and amended as Quarantine No. 10, June 24, 1913, and as Quarantine No. 17, July 3, 1914. This quarantine describes and quarantines the districts in New England infested by the two moths named, and makes regulations governing the movement in interstate commerce of plants and plant-products which may be infested from the areas quarantined.

Dale-palm scale insects.—This is Quarantine No. 6, promulgated March 1, 1913, to prevent the further distribution in the United States of two important date- palm scale insects. It quarantines certain counties in California, Arizona and Texas, and makes regulations governing the interstate movement of date palms originating within the areas quarantined.

Pink boll-worm of cotton.—This is Quarantine No. 9, promulgated June 24, 1913, and applies to the territory of Hawaii. It has the same object as the foreign quarantine on the same subject, described above. It prevents the movement from the territory of Hawaii into or through any other state, territory or district of the United States of all cotton-seed and cotton-seed hulls.

Mediterranean fruit-fly and melon-fly.—This is Quarantine No. 2, promulgated September 18, 1913, and revised and amended as Quarantine No. 13, promulgated March 23, 1914, to protect the United States from the entry of the Mediterranean fruit-fly (Ceratitis capitata) and the melon-fly (Dacus cucurbitae), now thoroughly established in the Hawaiian Islands. This quarantine prohibits the shipment of any of the fruits, nuts and vegetables specified in the notice of quarantine into or 
through any other state, territory or district of the United States, in accordance with the regulations prescribed under this quarantine. This quarantine became effective May 1, 1914.
Powdery scab of potatoes.—This is Quarantine No. 14, promulgated April 25, 1914, to prevent the further distribution in the United States of the dangerous potato disease known as powdery scab (Spongospora subterranea), which exists in certain parts of the state of Maine. This quarantine became effective August 1, 1914.

Sugar-cane quarantine.—This is Quarantine No. 16, promulgated June 6, 1914, to prevent the further distribution in the United States of certain injurious insects and fungous diseases of the sugar-cane existing in the territories of Hawaii and Porto Rico, and forbids the movement from the territories named into or through any other state, territory or district of the United States of living canes of sugar-cane, or cuttings or parts thereof.

Most of the domestic quarantines provide for the movement of the quarantined articles under a system of inspection and certification. The very considerable work of inspection and certification necessitated, particularly in the case of the moth quarantine in New England and the Mediterranean fruit-fly quarantine in Hawaii, is done under federal authority, in cooperation with state and insular officers, who are made for that purpose collaborators of the Department of Agriculture.

Regulatory orders.

Under the authority given by section 5 of the plant- quarantine act, orders placing restrictions on the importation of potatoes and avocados have been promulgated.

The order restricting the admission of all foreign potatoes not under quarantine was issued December 22, 1913, and regulations governing the entry of potatoes under this order into the United States were issued December 30, 1913. This order specifies that potatoes may be imported only from countries which are free from injurious potato diseases and insect pests and under permit and prior foreign inspection and certification. All such imported potatoes are subject to a second inspection by a federal inspector on their arrival in this country.

The order governing the admission of the avocado or alligator pear under restriction was issued February 27, 1914. These two orders are supplemental to the quarantine orders described above in relation to the potato and to avocado seed.

The federal horticultural board.

The act provides (section 12) that for the purpose of carrying out its provisions there shall be appointed by the Secretary of Agriculture from existing bureaus and offices in the Department of Agriculture, including the Bureau of Entomology, the Bureau of Plant Industry, and the Forest Service, a Federal Horticultural Board consisting of five members, of whom not more than two shall be appointed from any one bureau or office, and who shall serve without additional compensation.

State legislation.

The state of California for the last twenty years has enforced a quarantine at the port of San Francisco, and has had quarantine and other control legislation which has furnished protection to the state of untold value, and to a less degree to the remainder of the United States. A few other states have had minor plant- legislation, but the San Jose scale outbreak in the East in the early nineties, already referred to, was the inciting cause of plant-legislation in nearly every state of the Union. This legislation, chiefly in relation to domestic nursery stock, lacks uniformity, and thus entails unnecessary difficulty to dealers in nursery and other plant stock. An effort has been under way for several years to devise, for general adoption, a uniform nursery and plant act, and it seems now possible that uniform legislation may eventually be secured. A bill has been drafted by J. G. Sanders, State Entomologist of Wisconsin, as Chairman of a Committee on Uniform State Legislation of the American Association of Horticultural Inspectors, and this bill has been approved by this association, representing the different states and by the National Nurserymen's Association. It will probably be many years, however, before it is generally substituted for present state legislation on this subject.

Space at disposal does not permit of a full analysis of the plant legislation of the different states. This legislation has been well summarized in Circular No. 103 of the Department of Agriculture of the state of New York. Shippers of nursery stock should first inquire as to legislation, which may vary from year to year, of any state to which goods are to be sent. Many of the states also require the taking out of licenses, and in some states imported nursery stock must be reexamined by local state inspectors before it can be liberated.

Plant legislation in Canada.

The Canadian legislation to control the entry of injurious insect pests and plant-diseases has much the same history as the similar legislation in the United States and the same inciting causes. The San Jose scale excitement in the United States led in 1898 to the passage by Canada of the San Jose Scale Act which prohibited the importation of nursery stock from all countries in which this scale insect occurred. Later (1901) this prohibition was removed and nursery stock from countries in which the scale occurred was allowed to enter, subject to fumigation with hydrocyanic-acid gas,—the ports of entry and the time of the year when such entry could be made being limited. In 1909 brown- tail moth nests were found on shipments of nursery stock to Canada and this led to the enactment of the "Destructive Insect and Pest Act" of May, 1910. This
act provides either for the prohibition of entry, fumigation on entry, or inspection subsequent to entry, of nursery stock, and gives other conditions governing the introduction of living plants. The act has been amended by additional regulations from time to time, particularly in relation to the chestnut-bark disease, the Mediterranean fruit-fly, potato diseases, and forest products from New England.

Canadian provincial legislation.

In addition to the legislation of the Dominion of Canada against insect pests and plant-diseases, several of the provincial governments nave enacted similar laws. With the exception, however, of the provinces of British Columbia and Nova Scotia, the provincial governments restrict their attention to the control of pests within their territories. The provinces of British Columbia and Nova Scotia, however, inspect and fumigate, if necessary, nursery stock and fruit imported into these provinces. Nova Scotia fumigates and inspects stock coming from other parts of Canada only. As in the case of the United States, there is cooperation between the inspection service of the Dominion and provincial governments. The full text of the Canadian Dominion and provincial laws in relation to this subject may be obtained from the Dominion Department of Agriculture, Ottawa.

C. L. Marlatt.

Quarantine laws.

State quarantine laws are now in a transition stage. For two or three years there has been active propaganda for uniform state legislation looking to the control of destructive insects and plant diseases. The statutory requirements in the different states are so unlike as to cause much annoyance, and state departments of agriculture or other bodies issue circulars explaining these different requirements for the guidance of nurserymen and others. The bill drafted by the Sanders Committee, already mentioned, has been practically completed and now awaits enactment. At the request of the Federal Horticultural Board, the Solicitor of the United States Department of Agriculture has drawn a bill for enactment by the different states, to constitute a general plant act rather than a nursery- stock act. Several states are now proposing to enact this draft.

Even in view of the tentative character of much of the legislation, it seems to be well to reprint here a few of the standard or most important statutes. The Canadian law is the simplest and most direct. It embodies in a few words the power to control the entry of plants from foreign countries and also to control the plants within the Dominion. Under the federal and state constitutions in the United States, such a brief and simple law seems to be impossible. There are here printed, the Canadian law; the United States law; and the laws of New York and California.

The ideal law is probably one that confers broad powers, and then leaves the details to regulation so that necessary minor changes may be made as circumstances arise. There must naturally be considerable discretion conferred on competent officers or authorities in dealing with such subjects as quarantine of insects and plant diseases.

Under the federal quarantine act of the United States, some twenty quarantines have now been laid and several of these have required rather elaborate regulations, and modifying orders and amendments have been issued; these matters cannot, of course, be entered here.

Some of the leading sections in the Sanders' bill, now proposed for legislation in the different states, are reprinted on pages 1653 and 1654. This bill is likely to become of much importance in inspection legislation.
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