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§ 64. The following Acts and parts of Acts are hereby repealed.
“An Act to secure the enforcement of the law for the prevention of cruelty to animals," approved May 25, 1877, in force July 1, 1877;
"An Act to create the court of claims and to prescribe its powers and duties," approved May 16, 1903, in force July 1, 1903;
“An Act to secure the collection and publication of agricultural and other statistics," approved and in force May 25, 1877;
"An Act to establish and maintain a laboratory for the production of hog cholera serum and other biological products, for free distribution to the live stock producers of the State of Illinois, and making an appropriation therefor," approved June 10, 1909, in force July 1, 1909;
"An Act to create a bureau of labor statistics and statistical details of manufacturing industries and commerce of the State, and to provide for a board of commissioners and secretary, and repealing certain Acts therein named," approved June 10, 1909, in force July 1, 1909;
“An Act to prevent accidents in mines and other industrial plants, and to conserve the resources of the State by the establishment of Illinois miners and mechanics' institutes, and for the administration and support of the same," approved May 25, 1911, in force July 1, 1911;
"An Act creating the office of supervising architect of the State of Illinois and defining his powers and duties," approved April 24, 1899, in force July 1, 1899;
“An Act creating the office of supervising engineer for the General Assembly, its members and committees, and the Board of Administration of the State of Illinois, and fixing his compensation,” approved June 10, 1911, in force July 1, 1911;
“An Act conferring upon the Board of Administration of the State of Illinois the power to condemn and take real estate as therein named," approved May 27, 1911, in force July 1, 1911;
Sections 5 and 7 of an Act entitled, “An Act to revise the laws relating to charities," approved June 11, 1912, in force July 1, 1912;
"An Act conferring upon the State Board of Agriculture the power to condemn and take real estate through the exercise of the right of eminent domain," approved June 26, 1913, in force July 1, 1913;
“An Act to create a State art commission, and to define its powers and duties," approved June 4, 1909, in force July 1, 1909;
“An Act creating the office of State inspector of masonry, public buildings and works, and prescribing qualifications, duties and compensation," approved June 28, 1915, in force July 1, 1915;
Sections 5 and 9 of an Act entitled, “An Act to revise the laws relating to charities,” approved June 11, 1912, in force July 1, 1912;
Section 9 of an Act entitled, “An Act to revise the law in relation to the sentence and commitment of persons convicted of crime, and providing for a system of parole, and to provide compensation for the officers of said system of parole,” approved April 21, 1899, in force July 1, 1899;
“An Act for the appointment of a State entomologist," approved and in force March 9, 1867;
“An Act to provide for the office of the State entomologist, to define its duties, and to extend its equipment,” approved May 25, 1907, in force July 1, 1907;
"An Act to establish a State historical library and natural history museum, to provide for its care and maintenance, and to appropriate money therefor," approved May 25, 1877, in force July 1, 1877;
"An Act respecting the State laboratory of natural history and the State entomologist's office," approved June 27, 1885, in force July 1, 1885;
“An Act to establish a chemical survey of the waters of the State of Illinois," approved June 7, 1897, in force July 1, 1897;
“An Act to establish and create at the University of Illinois, the bureau to be known as a State geological survey, defining its duties and providing for the preparation and publication of its reports and maps to illustrate the natural resources of the State, and making appropriations therefor," approved May 12, 1905, in force July 1, 1905;
Section 6 of an Act entitled, "An Act to prevent the introduction and spread in Illinois of the San Jose scale and other dangerous insects and contagious diseases of fruits, and repealing a certain Act therein named," filed June 4, 1907, in force July 1, 1907;
“An Act imposing new and additional duties upon the State water survey, and making appropriation therefor," approved May 25, 1911, in force July 1, 1911.
$ 65. The following Act is also hereby repealed: “An Act to revise the law in relation to the Department of Agriculture, agricultural societies and agricultural fairs, and to provide for reports of the same, approved June 23, 1883, in force July 1, 1883, but the repeal of said Act shall not take effect or be in force until the first day of January, A. D. 1919.
APPROVED March 7, 1917.
$1. Name of Act.
§ 15. Gardeners, horticulturists and nur
serymen must keep plants free 2. Definition of terms used in Act.
from insect pest and diseases. $ 3. Duty of Department of Agricul § 16. Department of Agriculture may deture to inspect nurseries.
clare infected places a nuisance
and abate same. § 4. Authority of Department of Agriculture to inspect generally. § 17. Municipalities may have public
grounds inspected. 5. Nursery stock not to be shipped until inspected.
$ 18. Any florist may have his plants
inspected by paying necessary § 6. Annual inspection of nurseries lo
expense. cated in State.
$ 19. Department of Agriculture may 7. May withhold certificate until con
prohibit shipment of infected ditions have been met.
nursery stock into State. 8. Dealers required to secure certifi § 20. Department
Agriculture to cate.
establish quarantine. 9. How dealers outside of State are to be certificated.
$ 21. Control of infected districts. $ 10. Agents required to carry certificate
$ 22. Review of ruling of Department of
Agriculture. and make the necessary oath. $ 11. Selling stock not covered by cer
§ 23. Penalty. tificate.
$24. Act of agent to inure to principal. 12. Unlawful to ship nursery stock
$ 25. Act not to conflict with Act of into State not bearing certifi
§ 26. Unconstitutionality of part of Act. § 13. Carrier or person receiving nur
sery stock not bearing certifi $ 27. Repeal.
§ 28. Emergency. $ 14. Unlawful to sell, ship, give away,
etc., nursery stock not properly
(HOUSE BILL No. 688. FILED JUNE 29, 1917.) An Act to prevent the introduction into and the dissemination within
this State of insect pests and diseases injurious to the plants and plant products of this state.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: This Act shall be known by the short title of “The Plant Inspection Act of 1917.”
§ 2. For the purposes of this Act, the following terms shall be construed, respectively, to mean:
Insect pests and diseases :—Insect pests and diseases injurious to plants and plant products of this State, including any of the stages of development of such insect pests and diseases.
Plants and plant products :— Trees, shrubs, vines, forage and cereal plants, and all other plants; cuttings, grafts, scions, buds, and all other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all other plant products.
Nursery stock All field-grown trees, shrubs, vines, cuttings, grafts, scions, buds, fruit-pits, and other seeds of fruit and ornamental trees and shrubs, and other plants and plant products grown or kept for
propagation, excepting field, vegetable and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots.
Nursery :-Any grounds or premises on or in which nursery stock is propagated and grown for sale, or any grounds or premises on or in which nursery stock is being fumigated, treated, packed or stored.
Nurseryman:-Any person who owns, leases, manages, or is in charge of a nursery.
Dealer:-Any person not a grower of nursery stock in this State, who buys nursery stock for the purpose of reselling and reshipping independent of any control of the nurseryman.
Agent:-Any person selling nursery stock under the partial or full control of a nurseryman, or of a dealer or other agent. This term shall also apply to any person engaged with a nurseryman, dealer or agent in handling nursery stock on a co-operative basis.
Places :—Vessels, cars and other vehicles, buildings, docks, nurseries, orchards and other premises, where plants and plant products are grown, kept, or handled.
Persons :- Individuals, associations, partnerships and corporations.
Words used in the Act shall be construed to import either the plural or the singular, as the case demands.
§ 3. It shall be the duty of the Department of Agriculture to inspect once each year all nurseries and nursery stock in the State of Illinois as to whether they are infested or infected by insect pests and dis
§ 4. The Department of Agriculture shall have authority to inspect any orchard, fruit- or garden-plantation, field, park, cemetery, private premises, or public place, and any place which might become infested or infected with insect pests or diseases. It shall also have authority to inspect or to reinspect at any time or place any nursery stock shipped in or into the State, and to treat it as hereinafter provided. For the purposes of inspection, the officers and employees of the Department of Agriculture shall have free access within reasonable hours to any field, orchard, garden, packing ground, building, cellar, freight or express office, warehouse, car, vessel, or other place where it may be necessary or desirable for them to enter in carrying out the provisions of this Act. It shall be unlawful to deny such access to the officers and employees of the Department of Agriculture, or to hinder, thwart, or defeat such inspection by misrepresenting or concealing facts or conditions, or otherwise.
$ 5. Persons desiring to sell or ship nursery stock in this State shall make application in writing before July 1 of each year to the Department of Agriculture for the inspection of their stock, and any nurseryman failing to comply with this section shall be liable to extra charges to cover the expenses of a special trip by the officers or employees of the Department of Agriculture. Every person receiving directly or indirectly any nursery stock from a foreign country shall notify the Department of Agriculture of the arrival of such shipment, of the contents thereof, and of the name of the consignor, and shall hold such shipment unopened until duly inspected or released by such department.
$ 6. It shall be the duty of the Department of Agriculture to cause to be inspected at least once each year between July 1 and September 15, all nurseries in the State of Illinois as to whether they are infested by insect pests or infested [infected] by diseases. If upon the inspection of any nursery as above provided it shall appear that said nursery and its premises are apparently free from insect pests and diseases, it shall be the duty of the Department of Agriculture, upon payment of the expenses of inspection, to give or to send to the owner of said nursery or the person in charge of the same, not later than October 1, a certificate executed by the Department of Agriculture setting forth the fact of such inspection, and said certificate shall be valid not to exceed one year from the date thereof. The provisions of this section shall not apply to florist's greenhouse plants nor to flowers or cuttings commonly known as greenhouse stock. It shall be unlawful for any person to sell or to offer for sale or to remove or ship from a nursery or other premises any nursery stock until such stock has been officially inspected and a certificate or permit covering it has been granted by the Department of Agriculture; except that scions of fruit trees may be shipped from one place to another within this State without inspection, under a special permit of the Department of Agriculture, in which case they must be held unused by the person receiving them until they have been duly inspected and pronounced free from insect pests and diseases.
§ 7. If the Department of Agriculture shall find that part of a nursery is infested or infected with insect pests or plant diseases, and that the remainder of it is not so infested or infected, or if it shall have reason to believe that a nursery is liable, by reason of its proximity to infested or infected premises, to become so infested or infected before the next annual inspection, it may prescribe in writing such measures or precaution, or may make in writing such conditions as to the use of its certificate, as may in its judgment be necessary, and it may withhold a certificate until such conditions have been accepted in writing by the owner of said nursery; and the use of such certificate without taking such measures of precaution or observing such conditions shall subject the owner of said nursery to the penalties prescribed for a violation of this Act.
§ 8. Every dealer within the meaning of this Act, located either within or without the State, engaged in selling nursery stock in this State shall secure a dealer's certificate, first furnishing an affidavit that he will buy and sell only stock which has been duly inspected and certified by the Department of Agriculture; or inspector approved by the Federal Horticultural Board and that he will maintain with the Department of Agriculture a list of all sources from which he secures his stock.
$ 9. Nurserymen, dealers or other persons residing or doing busiDess outside the State desiring to solicit orders for nursery stock in this State, shall, upon filing a certified copy of their original state certificate with the Department of Agriculture, if said certificate is approved by the department, receive a certificate permitting such persons to solicit orders for nursery stock in this State.