or value of trees or other property injured rent outside of the District of Columbia, or destroyed; the employment of labor in the city of Washington and elsewhere, and all other necessary expenses. "For the investigation of diseases of forest and ornamental trees and shrubs, including a study of the nature and habits of the parasitic fungi causing the chestnut-tree bark disease, the white-pine blister rust, and other epidemic tree diseases, for the purpose of discovering new methods of control and applying methods of eradication or control already discovered, "For applying such methods of eradication or control of the white-pine blister rust as in the judgment of the Secretary of Agriculture may be necessary, including the payment of such expenses and the employment of such persons and means in the city of Washington and elsewhere, in cooperation with such authorities of the States concerned, organizations, or individuals as he may deem necessary to accomplish such purposes, and in the discretion of the Secretary of Agriculture no expenditures shall be made for these purposes until a sum or sums at least equal to such expenditures shall have been appropriated, subscribed, or contributed by States, county or local authorities, or by individuals or organizations for the accomplishment of such purposes, $348,280: Provided, That no part of this appropriation shall be used to pay the cost or value of trees or other property injured or destroyed; * "Bureau of Entomology. * Preventing Spread of Moths. To enable the Secretary of Agriculture to meet the emergency caused by the continued spread of the gypsy and brown-tail moths by conducting such experiments as may be necessary to determine the best methods of controlling these insects; by introducing and establishing the parasites and natural enemies of these insects and colonizing them within the infested territory; by establishing and maintaining a quarantine against further spread in such a manner as is provided by the general nursery stock law, approved August 20, 1912, as amended, entitled 'An act to regulate the importation of nursery stock and other plants and plant products, to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests, to permit and regulate the movements of fruits, plants, and vegetables therefrom, and for other purposes,' in cooperation with the authorities of the different States concerned and with the several State experiment stations including * "Prevention of Spread of European Corn Borer. To enable the Secretary of Agriculture to meet the emergency caused by the spread of the European corn borer, and to provide means for the investigation, control, and prevention of spread of this insect throughout the United States, in cooperation with the States concerned, including, when necessary, cooperation with the Federal Horticultural Board in establishing, maintaining, and enforcing quarantines promulgated under the Plant Quarantine Act of August 20, 1912, as amended, including the employment of persons and means in the city of Washington and elsewhere, and all other necessary expense, $383,630, of which amount $50,000 shall be immediately available: Provided, That in the discretion of the Secretary of Agriculture $100,000 of this amount shall be available for expenditure only when an equal amount shall have been appropriated, subscribed, or contributed by States, counties, or local authorities, or by individuals or organizations, for the accomplishment of such purposes. "Control and Prevention of Spread of the Mexican Bean Beetle. To enable the Secretary of Agriculture to meet the emergency caused by the recent introduction and rapid multiplication of the Mexican bean beetle in the State of Alabama, and other States, and to provide means for the study, experimentation in eradication, and for the control and prevention of the spread of this insect in that State and to other States, in cooperation with the State of Alabama and other States concerned and with individuals affected, including the employment of persons and means in the city of Washington and elsewhere, and all other necessary expenses. "Preventing Spread of Japanese Beetle. To enable the Secretary of Agriculture to meet the emergency caused by the spread of the Japanese beetle, and to provide means for the investigation, control, and prevention of spread of this insect throughout the United States, in cooperation with the States concerned, including, when necessary, cooperation with the Federal Horticultural Board in establishing, maintaining, and enforcing quarantines promulgated under the Plant Quarantine Act of August 20, 1912, as amended, including the employment of persons and means in the city of Washington and else- tual distribution of the pink bollworm in where. General Expenses, Federal Horticultural Board. To enable the Secretary of Agriculture to carry into effect the provisions of the Act of August 20, 1912, as amended, entitled 'An Act to regulate the importation of nursery stock and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants, and vegetables therefrom, and for other purposes'; to prevent the movement of cotfon 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: Provided, That any moneys received in payment of charges fixed by the Secretary of Agriculture on account of such cleaning and disinfection at plants constructed therefor out of any appropriation made on account of the pink bollworm of cotton shall be covered into the Treasury as miscellaneous receipts. "To enable the Secretary of Agriculture to meet the emergency caused by the establishment of the potato wart in eastern Pennsylvania and to provide means for the extermination of this disease in Pennsylvania or elsewhere in the United States, in cooperation with the State or States concerned, including rent outside the District of Columbia, employment of labor in the city of Washington or elsewhere, and all other necessary expenses. * "Eradication of Pink Bollworm. To enable the Secretary of Agriculture to meet the emergency caused by the existence of the pink bollworm of cotton in Mexico, and to prevent the establishment of such insect in the United States by the employment of all means necessary, including rent outside of the District of Columbia and the employment of persons and means in the city of Washington and elsewhere; "To make surveys to determine the ac Mexico and to exterminate local infestations in Mexico near the border of the United States, in cooperation with the Mexican Government or local Mexican authorities; * * "To conduct surveys and inspections in Texas or in any other State to detect any infestation and to conduct such control measures, including the establishment of cotton free areas, in cooperation with the State of Texas or other States concerned, as may be necessary to stamp out such infestation, to establish in cooperation with the States concerned a zone or zones free from cotton culture on or near the border of any State or States adjacent to Mexico, and to cooperate with the Mexican Government or local Mexican authorities, or otherwise, by undertaking in Mexico such measures for the extermination of the pink bollworm of cotton as shall be determined to be practicable from surveys showing its distribution, $286,140: Provided, That not to exceed $200,000 may be available for reimbursement to cotton-growing States, for expenses incurred by them in connection with losses due to enforced nonproduction of cotton in certain zones in the manner and upon the terms and conditions set forth in Senate Joint Resolution Numbered 72, approved August 9, 1921: Provided further, That no part of the money herein appropriated shall be used to pay the cost or value of crops or other property injured or destroyed. "Eradication of the Parlatoria Date Scale. To enable the Secretary of Agriculture to meet the emergency caused by the existence of the Parlatoria date scale in California, Arizona, or any other State, and to provide means for the extermination of this insect in California, Arizona, or elsewhere in the United States, in cooperation with the states concerned. * Provisions similar to the above were also contained in the Agriculture Department appropriation act for the year 1923, Act May 11, 1922, c. 185, 42 Stat. 507. Sec. CHAPTER 8.-NURSERY STOCK AND OTHER PLANTS AND PLANT PRODUCTS Sec. 162. General rules and regulations by Sec retary. 163. General violations of chapter; forgery, alterations, etc., of certificates; punishment; proof of violations by common carrier. 164. Duty of United States attorneys to prosecute. 165. 166. 159. Regulations by Secretary restricting 167. importation of plants, etc., other than "nursery stock"; notice and 160. Regulations by Secretary restricting 161. Interstate quarantine; shipments or removals from quarantined localities forbidden; regulations by Secretary for shipment, etc., from quarantined localities; notice and hearings; promulgation. Federal Horticultural Board. State terminal inspection; transmission of mailed packages for State inspection; nonmailable matter; punishment for violations; rules and regulations by Postmaster General. Provision relating to District of Columbia regarding shipment, inspection, seizure, destruction, etc., of plants, etc.; punishment. Prohibition against shipment generally. Eradication by owner. Eradication by Secretary of Agriculture. Inspection. Entry upon premises; opening packages; destruction of plants, etc. Search warrants. Rules and regulations. Section 151. "Person" defined. The word "person" as used in this chapter 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, c. 308, § 11, 37 Stat. 319.) Historical Note This section is a part of section 11 of the Plant Quarantine Act of Aug. 20, 1912, c. 308, entitled "An act to regulate the importation of nursery stock and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants, and vegetables therefrom, and for other purposes." A further provision from said section 11 is contained in section 153, post, of this title. Sections 1 to 10 and 12 of this act are set forth together with amendments in this chapter, as cited. Section 13 of the act made an appropriation of $25,000 to carry out its provisions and is omitted from this code. Section 14 of the act provided that the act should become effective October 1, 1912, except as otherwise provided therein, and is omitted from this code. Section 15 of the act was added by amendment of May 31, 1920, c. 217, 41 Stat. 726, and is set out as section 167 of this chapter. For general appropriation for the year ending June 30, 1926, for the Department of Agriculture and provisions relative to this chapter, see historical notes to section 145, ante, of this title. To enable the Secretary of Agriculture to carry into effect the provisions of this chapter and for other purposes, an appropriation of $370,000 was made for the fiscal year ending June 30, 1926. § 152. "Nursery stock" defined. For the purpose of this chapter 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, c. 308, § 6, 37 Stat. 317.) Historical Note See historical note under section 151, ante, of this title. § 153. Liability of principal for act of agent. When construing and enforcing the provisions of this chapter, 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, c. 308, § 11, 37 Stat. 319.) Historical Note See historical note under section 151, ante, of this title. § 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 this chapter shall have been complied with: Provided further, That nursery stock may be imported for experimental or scientific purposes by the Department of Agricul ture 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, c. 308, § 1, 37 Stat. 315.) See historical note under section 151, ante, of this title. § 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 chapter 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, c. 145, 37 Stat. 853.) Historical Note This section is derived from a proviso agricultural appropriation act for the fiscal annexed to an appropriation for enforce- year 1914, Act March 4, 1913, c. 145, 37 Stat. ment of the Plant Quarantine Act, in the 828. $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, Territory, 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 |