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[H. R. 484]

AN ACT

To amend section 10 of the Plant Quarantine Act, approved August 20, 1912. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 10 of the Plant Quarantine Act, approved August 20, 1912 (Thirtyseventh Statutes at Large, page 315), as amended by the Act of March 4, 1917 (Thirty-ninth Statutes at Large, page 1165), be, and the same is hereby, amended by adding at the end thereof the following:

"That any employee of the Department of Agriculture, authorized by the Secretary of Agriculture to enforce the provisions of this Act and furnished with and wearing a suitable badge for identification, who has probable cause to believe that any person coming into the United States, or any vehicle, receptacle, boat, ship, or vessel, coming from any country or countries or moving interstate, possesses, carries, or contains any nursery stock, plants, plant products, or other articles the entry or movement of which in interstate or foreign commerce is prohibited or restricted by the provisions of this Act, or by any quarantine or order of the Secretary of Agriculture issued or promulgated pursuant thereto, shall have power to stop and, without warrant, to inspect, search, and examine such person, vehicle, receptacle, boat, ship, or vessel, and to seize, destroy or otherwise dispose of, such nursery stock, plants, plant products, or other articies found to be moving or to have been moved in interstate commerce or to have been brought into the United States in violation of this Act or of such quarantine or order."

Approved, May 1, 1928.

[H. R. 12632]

AN ACT

To provide for the eradication or control of the European corn borer.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to enable the Secretary of Agriculture to apply such methods of eradication or control of the European corn borer over such area or areas as in his judgment may be necessary, including the employment of persons and means in the District of Columbia and elsewhere and all other necessary expenses, the sum of $7,000,000 is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be expended in cooperation with such authorities of the States concerned, organizations, or individuals as the Secretary may deem necessary to accomplish such purposes: Provided, That no part of the appropriation herein authorized shall be expended for the purchase of new machinery unless the Secretary of Agriculture deems such expenditure necessary by reason of an emergency, and in such case an amount not to exceed 1 per centum may be so expended: Provided further, That an amount not to exceed 9 per centum of the appropriation herein authorized may be expended for the employment of persons and means in the District of Columbia and elsewhere and all other necessary expenses other than necessary expenses for farm clean-up incidental to such eradication or control: Provided further, That in the discretion of the Secretary of Agriculture no expenditure shall be made hereunder until the States wherein the European corn borer exists shall have provided necessary regulatory legislation and until a sum or sums adequate to State cooperation shall have been appropriated, subscribed, or contributed by States, county, or local authorities or individuals or organizations: Provided further, That expenditures from the appropriation herein authorized for any necessary farm clean-up incidental to such eradication or control shall include only such as are, in the judgment of the Secretary of Agriculture, additional to those normal and usual in farm operations, and shall not exceed 90 per centum: Provided further, That no part of the appropriation herein authorized shall be used to pay the cost or value of corn or other farm crops or other property injured or destroyed: And provided further, That the Secretary of Agriculture may receive, and shall cover into the Treasury as miscellaneous receipts, any and all moneys authorized by the law of any State to be paid to the United States out of amounts assessed against and collected from any owner of premises who refuses or neglects to carry out State-control requirements when such moneys represent expenditures made on such premises by the United States under the provisions of this Act.

Approved, May 24, 1928.

55-000 O-71-8

[H. J. Res. 140]

JOINT RESOLUTION

To amend sections 1 and 2 of the Act of March 3, 1891.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 1 and 2 of the Act of March 3, 1891 (Twenty-sixth Statutes at Large, page 833), be amended by adding, after the word "cattle," as it occurs in lines 4 and 6 of section 1 and in lines 2 and 5 of section 2, a comma followed by the words "horses, mules, asses, sheep, goats, or swine," so that said sections as hereby amended shall read as follows:

"That the Secretary of Agriculture is hereby athorized to examine all vessels which are to carry export cattle, horses, mules, asses, sheep, goats, or swine from the ports of the United States to foreign countries, and to prescribe by rules and regulations or orders the accommodations which said vessels shall provide for export cattle, horses, mules, asses, sheep, goats, or swine as to space, ventilation, fittings, food and water supply, and such other requirements as he may decide to be necessary for the safe and proper transportation and humane treatment of such animals.

"SEC. 2. That whenever the owner, owners, or master of any vessel carrying export cattle, horses, mules, asses, sheep, goats, or swine shall willfully violate or cause or permit to be violated any rule, regulation, or order made pursuant to the foregoing section the vessel in respect of which such violation shall occur may be prohibited. from again carrying cattle, horses, mules, asses, sheep, goats, or swine from any port of the United States for such length of time, not exceeding one year, as the Secretary of Agriculture may direct, and such vessel shall be refused clearance from any port of the United States accordingly."

Approved, May 28, 1928.

To enable the Secretary of Agriculture to carry into effect the provisions of the plant quarantine Act of August 20, 1912, as amended, and to conduct the other activities hereinafter authorized, independ ently or in cooperation with the States and other agencies, organizations, and individuals concerned, including necessary expenses for supplies and equipment, rent outside the District of Columbia, and the employment of necessary persons and means in the city of Washington and elsewhere, as follows:

For necessary expenses for general administrative purposes, including the salary of chief of administration and other personal services in the District of Columbia, $73,000.

For enforcement of foreign plant quarantines and to prevent the movement of cotton and cottonseed from Mexico into the United States, including the regulation of the entry into the United States. of railway cars and other vehicles, and freight, express, baggage, or other materials from Mexico, and the inspection, cleaning, and disinfection thereof, including construction and repair of necessary buildings, plants, and equipment, for the fumigation, disinfection, or cleaning of products, railway cars, or other vehicles entering the United States from Mexico, $550,000: Provided, That any moneys received in payment of charges fixed by the Secretary of Agriculture on account of such cleaning and disinfection shall be covered into the Treasury as miscellaneous receipts.

For the control and prevention of spread of the pink bollworm, including the establishment of such cotton-free areas as may be necessary to stamp out any infestation, the erection and repair of necessary inspection stations, and for necessary surveys and control operations in Mexico in cooperation with the Mexican Government or local Mexican authorities, the unexpended balance of the funds available for this purpose for the fiscal year 1929 is continued available for the fiscal year 1930, together with $397,120 of the unexpended balance of the appropriation of $5,000.000 for establishing and enforcing noncotton zones, carried in the Second Deficiency Act, fiscal year 1928: Provided, That the cost of each such station shall not exceed $500, and that the total amount expended for such stations in one year shall not exceed $2,500.

For the control and prevention of spread of the Parlatoria date scale, $86,700: Provided, That of this amount $70,000, of which $35,000 shall be immediately available, may be expended only when the States of Arizona and California shall have jointly contributed $35,000 for this purpose.

For the control and prevention of spread of the Thurberia weevil, $34.300.

For the control and prevention of spread of the gypsy and browntail moths, $567,500.

For the control and prevention of spread of the European corn borer, $898,000; Provided, That in addition thereto there shall be

immediately available for this purpose $50,000 of the $10,000,000 appropriated by the joint resolution making an appropriation for the eradication or control of the European corn borer, approved February 23, 1927 (U. S. C., Supp. I, p. 22, sec. 146).

For the control and prevention of spread of the Japanese and Asiatic beetles, $267,000.

For the control and prevention of spread of the white-pine blister rust, $27,000.

For the control and prevention of spread of the phony peach disease, $15,000, to be immediately available.

For the control and prevention of spread of the Mexican fruit worm, including necessary surveys and control operations in Mexico. in cooperation with the Mexican Government or local Mexican authorities, $85,000, together with $30,000 of the unexpended balance. of the appropriation for this purpose contained in the First Deficiency Act, fiscal year 1928.

Certification of exports: For the inspection, under such rules and regulations as the Secretary of Agriculture may prescribe, of domestic fresh fruits, vegetables, and seeds and nursery stock and other plants for propagation when offered for export and to certify to shippers and interested parties as to the freedom of such products from injurious plant diseases and insect pests according to the sanitary requirements of the foreign countries affected and to make such reasonable charges and to use such means as may be necessary to accomplish this object, $30,000: Provided, That moneys received on account of such inspection and certification shall be covered into the Treasury as miscellaneous receipts.

Approved, February 16, 1929.

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