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Columbia and the Territories and possessions of the United States.

(b) The Secretary of Agriculture is authorized and directed to promulgate such rules and regulations and use such means as he may deem necessary to provide for the inspection of domestic plants and plant products offered for export and to certify to shippers and interested parties as to the freedom of such products from injurious insect pests and plant diseases according to the sanitary requirements of the foreign countries to which such products may be exported.

(c) There are hereby authorized to be appropriated such sums as the Congress may from time to time determine to be necessary to enable the Secretary of Agriculture to carry out the provisions of this section. Unless otherwise specifically authorized, or provided for in appropriations, no part of such sums shall be used to pay the cost or value of property injured or destroyed. (Sept. 21, 1944, ch. 412, title I, § 102, 58 Stat. 735.)

CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944.

$ 148. Control of insect pests and plant diseases. The Secretary of Agriculture, in cooperation with authorities of the States concerned, organizations, or individuals, is authorized and directed to apply such methods for the control of incipient or emergency outbreaks of insect pests or plant diseases, including grasshoppers, Mormon crickets, and chinch bugs as may be necessary. (Apr. 6, 1937, ch. 69, 50 Stat. 57; May 9, 1938, ch. 192, 52 Stat. 344.)

CODIFICATION Act April 6, 1937, cited to text, was originally enacted as one section. Act May 9, 1938, also cited to text, subdivided it into six sections. This section, which formerly contained the whole original act, now contains only section 1. Sections 2-6 are contained in sections 148a-148e of this title.

8 148a. Same; general administration; personnel; field work, etc.-Any sums which may be appropriated for such purpose shall be available for expenditure for the employment of persons and means in the District of Columbia and elsewhere, printing, rent outside the District of Columbia, general administration and supervision, surveys, and the purchase, transportation, and application of poison bait or materials and equipment for control of insect pests or plant diseases, including grasshoppers, Mormon crickets, and chinch bugs, and for the preparation of such poison bait or materials for application, and such other expenses as may be necessary. (Apr. 6, 1937, ch. 69, § 2, as amended May 9, 1938, ch..192, 52 Stat. 344.)

See note to section 148 of this title.

$ 148c. Control of insect pests and plant diseases; cooperation of States.- In the discretion of the Secretary of Agriculture, no part of any sums appropriated to carry out the purposes of sections 148-148e of this title shall be expended for the control of incipient or emergency outbreaks of insect pests or plant diseases in any State until the State concerned has provided the organization or materials and supplies necessary for cooperation with the Federal Government. (Apr. 6, 1937, ch. 69, $ 4, as amended May 9, 1938, ch. 192, 52 Stat. 344.)

See note to section 148 of this title.

§ 148d. Same; restrictions on appropriations.—No part of the sums hereinafter authorized to be appropriated shall be used to pay the cost or value of farm animals, farm crops, or other property injured or destroyed. (Apr. 6, 1937, ch. 69, § 5, as amended May 9, 1938, ch. 192, 52 Stat. 344.)

See note to section 148 of this title.

8 148e. Same; appropriations. There are hereby authorized to be appropriated annually such sums as may be necessary to carry out the provisions of sections 148-148e of this title. (Apr. 6, 1937, ch. 69, $ 6, as amended May 9, 1938, ch. 192, 52 Stat. 344.)

See note to section 148 of this title.

Tick ERADICATION ON SEMINOLE RESERVATION IN FLORIDA Act July 22, 1942, ch. 516, § 1, 56 Stat. 675, provided in part: “The Secretary of Agriculture, his agent or agents, in cooperation with the duly constituted authorities of the State of Florida, is authorized to conduct tick eradication on the Seminole Indian Reservation in the State of Florida under the provisions of the laws of that State."

8 149. Regulation, cleaning, etc., vehicles and materials entering from Mexico; administration by Secretary; fees.-—To prevent the introduction of insect pests and plant diseases the Secretary of Agriculture is authorized and directed to promulgate such rules and regulations as he may deem necessary to regulate the entry into the United States from Mexico of railways cars and other vehicles and freight, express, baggage, and other materials which may carry such pests and to provide for the inspection, cleaning, and, when necessary, disinfection of such vehicles and materials; to carry out the activities required to accomplish this purpose, the Secretary of Agriculture shall use such means as he may deem necessary, including construction and repair of buildings, plants, and equipment for fumigation and disinfection or cleaning of vehicles and materials; the cleaning and disinfection of vehicles or materials necessary to accomplish the purpose shall be carried out by and under the direction of authorized inspectors of the Department of Agriculture, and the Secretary of Agriculture shall make and collect such charge as will cover, as nearly as may be, the average cost of materials, facilities, and special labor used in performing such disinfection, and fees so collected shall be covered into the Treasury of the United States as miscellaneous receipts. (Jan. 31, 1942, ch. 31, 56 Stat. 40.)

DISPOSITION OF MONEYS Department of Agriculture Appropriation Acts July 12, 1943, ch. 215, § 1, 57 Stat. 408; June 28, 1944, ch. 296, § 1, 58 Stat. 440, provided that any moneys received in payment of charges shall be covered into the Treasury as miscellaneous receipts.

Chapter 8.--NURSERY STOCK AND OTHER PLANTS AND

PLANT PRODUCTION § 151. “Person" defined.—The word “person” as used in sections 151-154, 156-165, 167 of this title shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. (Aug. 20, 1912, ch. 308, § 11, 37 Stat. 319.)

§ 152. “Nursery stock" defined. For the purpose of sections 151-154, 156-165, 167 for this title the term “nursery stock” shall include all field-grown florists' stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits, and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots. (Aug. 20, 1912, ch. 308, § 6, 37 Stat. 317.)

§ 153. Liability of principal for act of agent.—When construing and enforcing the provisions of sections 151-154, 156-165, 167 of this title, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person. (Aug. 20, 1912, ch. 308, § 11, 37 Stat. 319.)

§ 154. General restriction on importation of nursery stock; exceptions.-It shall be unlawful for any person to import or offer for entry into the United States any nursery stock unless and until a permit shall have been issued therefor by the Secretary of Agriculture, under such conditions and regulations as the said Secretary of Agriculture may prescribe, and unless such nursery stock shall be accompanied by a certificate of inspection, in manner and form as required by the Secretary of Agriculture, of the proper official of the country from which the importation is made, to the effect that the stock has been thoroughly inspected and is believed to be free from injurious plant diseases and insect pests: Provided, That the Secretary of Agriculture shall issue the permit for any particular importation of nursery stock when the conditions and regulations as prescribed in sections 151-154, 156-165, 167 of this title shall have been complied with : Provided further, That nursery stock may be imported for experimental or scientific purposes by the Department of Agriculture upon such conditions and under such regulations as the said Secretary of Agriculture may prescribe: And provided further, That nursery stock imported from countries where no official system of inspection for such stock is maintained may be admitted upon such conditions and under such regulations as the Secretary of Agriculture may prescribe. (Aug. 20, 1912, ch. 308, § 1, 37 Stat. 315.)

§ 155 Importation for scientific purposes permitted—Any class of nursery stock or of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products of which the importation may be forbidden from any country or locality under the provisions of section 160 of this title may be imported for experimental or scientific purposes by the Department of Agriculture upon such conditions and under such regulations as the said Secretary of Agriculture may prescribe. (Mar. 4, 1913, ch. 145, 37 Stat. 854.)

§ 156. Notification of arrival at port of entry; forwarding without notification forbidden; inspection before shipment.-It shall be the duty of the Secretary of the Treasury promptly to notify the Secretary of Agriculture of the arrival of any nursery stock at port of entry. The person receiving such stock at port of entry shall, immediately upon entry and before such stock is delivered for shipment or removed from the port of entry, advise the Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or the District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, of the name and address of the consignee, the nature and quantity of the stock it is proposed to ship, and the country and locality where the same was grown. No person shall ship or offer for shipment from one State or Territory or District of the United States into any other State or Territory or District, any nursery stock imported into the United States without notifying the_Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, immediately upon the delivery of the said stock for shipment, of the name and address of the consignee, of the nature and quantity of stock it is proposed to ship, and the country and locality where the same was grown, unless and until such imported stock has been inspected by the proper official of a State, Territory, or District of the United States. (Aug. 20, 1912, ch, 308, § 2, 37 Stat. 316.)

§ 157. Marking packages, etc., for entry.--No person shall import or offer for entry into the United States any nursery stock unless the case, box, package, crate, bale, or bundle thereof shall be plainly and correctly marked to show the general nature and quantity of the contents, the country and locality where the same was grown, the name and address of the shipper, owner, or person shipping or forwarding the same, and the name and address of the consignee. (Aug. 20, 1912, ch. 308, § 3, 37 Stat. 316.)

§ 158. Marking packages, etc., for interstate shipment; inspection.—No person shall ship or deliver for shipment from one State or Territory or District of the United States into any other State or Territory or District any such imported nursery stock the case, box, package, crate, bale, or bundle whereof is not plainly marked so as to show the general nature and quantity of the contents, the name and address of the consignee, and the country and locality where such stock was grown, unless and until such imported stock has been inspected by the proper official of a State, Territory, or District of the United States. (Aug. 20, 1912, ch. 308, § 4, 37 Stat. 316.)

§ 159. Regulations by Secretary restricting importation of plants, etc., other than "nursery stock"; notice and hearing before adoption of regulations.Whenever the Secretary of Agriculture shall determine that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not included by the term "nursery stock” as defined in section 152 of this title may result in the entry into the United States or any of its Territories or Districts of injurious plant diseases or insect pests, he shall promulgate his determination, specifying the class of plants and plant products the importation of which shall be restricted and the country and locality where they are grown, and thereafter, and until such promulgation is withdrawn, such plants and plant products imported or offered for import into the United States or any of its Territories or Districts shall be subject to all the provisions of sections 151-154, 156-158 of this title: Provided, That before the Secretary of Ag. riculture shall promulgate his determination that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not included by the term “nursery stock" as defined in section 152 of this title may result in the entry into the United States or any of its Territories or Districts of injurious plant diseases or insect pests he shall, after due notice, give a public hearing, under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney. (Aug. 20, 1912, ch. 308, § 5, 37 Stat. 316.)

$ 160. Regulations by Secretary restricting importation from insect-infested locality; hearing and promulgation of regulations; when quarantine effective.—Whenever, in order to prevent the introduction into the United States of any tree, plant, or fruit disease or of any injurious insect, new to or not theretofore widely prevalent or distributed within and throughout the United States, the Secretary of Agriculture shall determine that it is necessary to forbid the importation into the United States of any class of nursery stock or of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products from a country or locality where such disease or insect infestation exists, he shall promulgate such determination, specifying the country and locality and the class of nursery stock or other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products which, in his opinion, should be excluded. Following the promulgation of such determination by the Secretary of Agriculture, and until the withdrawal of the said promulgation by him, the importation of the class of nursery stock or of other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products specified in the said promulgation from the country and locality therein named, regardless of the use for which the same is intended, is hereby prohibited; and until the withdrawal of the said promulgation by the Secretary of Agriculture, and notwithstanding that such class of nursery stock, or other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products be accompanied by a certificate of inspection from the country of importation, no person shall import or offer for entry into the

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