mi [CfonZ, :>rticultural Statutes H/7 OF THE State of California Corrected to August 1, 1917 Issued by the State Commissioner of Horticulture Sacramento, Cal. California State Printing Office 1917 Glass ^5 15^ ft " 3 STATE OF CALIFORNIA Horticultural Statutes ALSO Quarantine Orders and Regulations AND List of State and County Horticultural Officers Corrected to August 1, 1917 California State Printing Office 1 & 1 7 31789 • O £* r\ & D. of D. OCT 2 \9\t CONTENTS. PAGE AN ACT RELATING TO THE STATE COMMIS- SIONER OF HORTICULTURE 5 AN ACT RELATING TO THE COUNTY COMMIS- SIONER OF HORTICULTURE 16 STATE QUARANTINE LAW 34 AN ACT RELATING TO THE SHIPMENT OF INJURIOUS INSECTS THROUGH OR INTO THE STATE OF CALIFORNIA 41 QUARANTINE ORDERS 43 QUARANTINE REGULATIONS 67 FRESH FRUIT STANDARDIZATION LAW 72 APPLE STANDARDIZATION LAW „ 82 CERTIFIED SEED POTATO LAW 91 DATE PALM LAW „ 94 ACT RELATING TO THE PACKING AND SALE OF RAISINS _ 95 ACT RELATING TO JOHNSON GRASS 96 INSECTICIDE AND FUNGICIDE LAW 97 ACT RELATING TO THE PROPER NAMING OF NURSERY STOCK 107 ACT PROHIBITING THE SALE OF TREES UNDER FALSE NAME - 108 OFFICERS OF THE STATE COMMISSION OF HORTICULTURE 109 STATE BOARD OF HORTICULTURAL EXAMINERS 110 LIST OF COUNTY HORTICULTURAL COMMIS- SIONERS, THEIR DEPUTIES AND INSPECTORS 110 APPENDIX. Order op the Postmaster General relating to the terminal inspection of plants and plant products 118 Inspection points for plants and plant products addressed to post offices in california 120 INDEX 123 CALIFORNIA. Statutes and Quarantine Orders Relating to Horticulture. In force July 27, 1917. AN ACT RELATING TO THE STATE COMMISSIONER OF HORTICUL- TURE. [Approved May 17, 1917. In effect July 27, 1917.] The people of the State of California do enact as follozvs: 2319 [Political Code]. The state commis- Commis- sioner of horticulture of California shall be a£ 10 r "|'" of citizen and resident of this state, and his term culture, shall be for four years, and until his successor appoint- is appointed and qualified. The governor may"™' remove such commissioner from office at any etc. ' time upon filing with the secretary of state a certificate of removal signed by the governor. In the case of vacancy in said office by death, resignation, removal from office, or other cause the governor shall fill the vacancy for the un- expired term. In appointing such commis- sioner and his successor or successors, it shall be the duty of the governor to disregard polit- ical affiliations, and to be guided in his selection entirely by the professional and moral qualifi- cations of the person so selected for the per- formance of the duties of said office. Said commissioner shall be a civil executive officer. The salary of said commissioner shall be four Salary, thousand dollars per annum, and he shall be allowed his traveling and incidental expenses necessary in the discharge of his duties. ForAppoint- the direction and accomplishment of his work ees - the said commissioner may and is hereby em- powered to appoint certain deputies, secretary, 6 HORTICULTURAL STATUTES. Appoint- quarantine officers, superintendents, assistants, and clerk as hereinafter provided, who shall hold office at the pleasure of said commissioner and perform any and all duties pertaining to their office or employment which the said com- missioner may require of each of them, and may be removed from office or position at any time by said commissioner filing with the sec- retary of state a certificate signed by said commissioner so removing such deputy, secre- tary, quarantine officer, superintendent, assist- ant, or clerk. The traveling and other neces- sary expenses incurred by the officers and employees herein provided for in the per- formance of their duties shall be paid from the funds appropriated for the support of the office of the state commissioner of horticul- Divi- ture. Said commissioner may arrange his sions of office into three divisions, to wit : executive office, quarantine division, insectary and path- ological division. Deputy Said commissioner shall appoint a deputy commis- commissioner who shall be an expert entomol- ogist and horticulturist, and who shall per- form such duties as may be required of him by said commissioner, and shall be acting commissioner in the absence of the commis- sioner. Such deputy commissioner shall receive a salary of two thousand seven hundred dol- Field lars per annum. Said commissioner shall ap- dcputies. p i n t two field deputies, each of whom shall be versed in horticulture and have a practical knowledge of the methods of control of insect pests and plant diseases. Said field deputies shall receive a salary of two thousand dollars Secre- per annum each. Said commissioner shall tary. appoint a secretary who shall be a civil execu- tive officer. Said secretary shall perform all such duties as may be required of him by said commissioner. Such secretar}^ shall receive a salary of two thousand seven hundred dollars Clerk, per annum. Said commissioner shall appoint HORTICUI/TURAI, STATUTES. a clerk whose salary shall be one thousand six hundred dollars per annum. The main office Office, of such commissioner shall be at the city of Sacramento. The secretary of state shall furnish and set aside, at the capitol, rooms suitable for offices for said commissioner, and if the secretary of state shall make and file an affidavit with the said commissioner stating that it is not pos- sible for him, as such secretary of state, to provide and set aside an office for said com- missioner in the capitol or in any state build- ing under his control, because there is no such office or rooms available, then, and after the making and delivery of such affidavit to such commissioner, the said commissioner may rent rooms convenient and suitable for his offices at a rental not to exceed one thousand dollars per year. The office of said commissioner shall be kept open every day except holidays. Said commissioner may also keep and main- tain an office in the city and county of San Francisco adequate to the purposes and re- quirements of the quarantine division, at a yearly rental not to exceed the sum of seven hundred fifty dollars. Said commissioner Chief shall appoint a chief deputy quarantine officer, deputy who shall be a skilled entomologist and par-^ ran " ticularly conversant with the nature of foreign officer, insect pests and plant diseases and effective means of preventing their introduction, and shall have charge of the work of the quaran- tine division provided for in this section of this act. Such chief deputy quarantine officer shall receive a salary of two thousand seven hundred dollars per annum. Said commis- Deputy sioner shall appoint two deputy quarantine quaran- officers who shall be competent entomologists J*™; for the purpose of quarantine work. Such deputy quarantine officers shall each receive a salary of one thousand eight hundred dollars per annum. Said commissioner shall also O HORTICULTURAL STATUTES. Insec- properly maintain and operate the state insec- tary located on the state capitol grounds in Sacramento from funds provided by law for Superin- such purpose, and shall appoint for the work tendent f the insectary division a superintendent of insec- the insectary, who shall be an expert entomol- tary. ogist able to perform all the necessary duties with reference to the importation, rearing and distribution of beneficial insects. The salary of the superintendent of the state insectary shall be two thousand seven hundred dollars Assist- per annum. Said commissioner shall appoint mit . an assistant superintendent of the insectary, tendent who shall be an economic entomologist, at a insec- salary of one thousand eight hundred dollars tary. p er annum. Said commisioner shall appoint Field a field deputy for the insectary division, who deputy. s } ia u j-jg a practical entomologist and whose salary shall be one thousand eight hundred dollars per annum. The salaries of all the officers above mentioned shall be paid at the same time and in the same manner as the Tempo- salaries of other state officers. Said commis- deputies. sioner may also appoint such assistants from ' time to time as may be required and such assistants shall receive such reasonable com- pensation as may be fixed by said commis- sioner. Duties 2319a. It shall be the duty of the state ci:mmis- commissioner of horticulture to promote and sioner of protect the plant industry of the state ; to pre- horti- vent t h e introduction and spread of injurious insect or animal pests, plant diseases and noxious weeds ; to cause to be put into execu- tion such horticultural laws of a regulatory nature as are written into the statutes, and to introduce and distribute such insects as are useful in reducing the cost of crop production. Such commissioner shall collect books, pam- phlets and periodicals and other documents containing information relating to horticulture and shall preserve the same ; collect statistics HORTICULTURAL STATUTES. i and other information showing' the actual con- Duties • • • of dition and progress of horticulture in this comm j s _ state and elsewhere; correspond with horti- soner of cultural societies, colleges and schools, and ho ^ i- with the county horticultural commissioners existing or that may exist in this state, and with all other persons necessary to secure the best results to horticulture in this state. He shall require reports from county horticultural commissioners in this state, and may print the same or any part thereof as he may select, either in the form of bulletins or in his annual reports or both, as he shall deem proper. He shall issue and cause to be printed and dis- tributed to county horticultural commissioners in this state, and to such other persons as he may deem proper, bulletins or statements con- taining all the information best adapted to ad- vance the interest, business and development of horticulture in this state. Such commis- sioner shall be deemed to be the state horti- gt a te cultural quarantine officer mentioned in thathorti- certain act entitled "An act for the protection J^Jj^ of horticulture and to prevent the introduction tine into this state of insects, or diseases, or ani- officer, mals injurious to fruit or fruit trees, vines, bushes or vegetables, and to provide for a quarantine for the enforcement of this act," which became a law under constitutional pro- visions without the governor's approval on March 11, 1899, for the purposes of that act, and shall be empowered to perform the duties which under that act are to be performed by the state horticultural quarantine officer ; pro- vided, that in any case where it shall become necessary in the judgment of the state com- missioner of horticulture to quarantine a county or district within the state against another or other county or counties or dis- tricts within the state, or to quarantine the state or a county or district of the state against another state or a foreign country or HORTICULTURAL STATUTES. countries then it shall be necesary that said quarantine shall be made by and with the approval of the governor as provided in this chapter. The state commissioner of horticulture may issue commissions as quarantine guardians to the county horticultural commissioners, dep- uties and inspectors appointed by them. 231%. Said commissioner may, by and with the approval of the governor, establish, main- tain and enforce such quarantine regulations as may be deemed necessary to protect the nurseries, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, fruit, seeds, vegetables or other articles of horticulture, against contagion or infestation by injurious plant disease, insects, or animal or weed pests, by establishing such quarantine at the bound- aries of this state or elsewhere within the state, and he may make and enforce, with the approval of the governor, any and all such rules and regulations as. may be deemed neces- sary to prevent any infected or infested stock, tree, shrub, plant, vine, cutting, graft, scion, bud, fruit-pit, fruit, seeds, vegetable or other article of horticulture, from passing over any quarantine line established and proclaimed pursuant to this act, and all such articles shall, during the maintenance of such quarantine, be inspected by such commissioner or by deputies appointed in writing by said commissioner, and he and the deputies so conducting such inspection shall not permit any such article to pass over such quarantine line during such quarantine, except upon a certificate of inspec- tion signed by such commissioner or in his name by such deputy who has made such in- spection. All approvals by the governor given or made pursuant to this act shall be in writ- ing and signed by the governor in duplicate, and one copy thereof shall be filed in the office of the secretary of state and the other in the HORTICULTURAL STATUTES. 11 office of said commissioner before such ap- proval shall take effect. 2319c. Upon information received by such I . nfec " commissioner of the existence of any infec- diseases, tious plant disease, insect, or animal or weed et c. pest, dangerous to any article, or to the in- terests of horticulture within this state, or that there is a probability of the introduction of any such infectious plant diseases, insect or animal or weed or other pests, into this state or across the boundaries thereof, he shall pro- ceed to thoroughly investigate the same and may establish, maintain and enforce quaran- M ay tine as hereinbefore provided, with such regu-^ " lations as may be necessary to circumscribe quaran- and exterminate, eradicate or control such in- tine - fectious plant diseases, insects or weed or other pests, and prevent the extension thereof, and is hereby authorized to enter upon any ground or premises to inspect the same or to inspect any tree, shrub, plant, vine, cutting, graft, scion, bud, fruit-pit, fruit, seed, vegetable or other article of horticulture or implement thereof or box or package pertaining thereto, or connected therewith or that has been used in packing, shipping or handling the same, and to open any such package, and generally to do, with the least injury possible under the con- ditions to property or business, all acts and things necessary to carry out the provisions of this chapter ; and provided, further, that no quarantine shall be established, maintained or enforced for the protection of nurseries, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, fruit, seeds, vegetables or other articles of horticulture, against con- tagion or infection by injurious disease, in- sects or pests, except by such commissioner and in the manner in this section provided. 12 HORTICULTURAL STATUTES. Pests 2319c?. Upon the discovery of any infec- reported tious plant disease, injurious insects or weed to or other pests, such commissioner shall imme- county diately report the same to such quarantine cultural guardians or county horticultural commis- commis- sioners of the counties wherein such discovery sioners. j s ma ^ ej together with a statement as to the best known means or method for circumscrib- ing, exterminating, eradicating or controlling the same, and shall state therein specifically what treatment or method should be applied in each case, as the matter may require, with a detailed statement or prescription as to the method of making or procuring and of apply- ing any preparation or treatment so recom- mended therefor, and the time and duration for such treatment, and if chemicals or articles be required other than those usually obtainable in any town, the place or places where they are most readily to be obtained ; and upon the receipt of such statement by any quarantine guardian or county horticultural commit- comm i ss i° ner it shall be the duty of such sioners. quarantine guardian or county horticultural commissioner to distribute such statement in written or printed form to every person own- ing or having charge or possession of any orchard, nursery stock, tree, shrub, plant, fruits or other article of horticulture within their county, where there may be or is likely to be any danger to the interests of horticul- ture, and such a statement must be served with or be a part of the notice to be given to the owner or owners or person or persons, in possession of any orchard, nursery, tree, shrub, plant, fruits or other articles of horti- culture, referred to, provided for, and required to be served in and by section two thousand three hundred twenty-two a of the Political Code of the State of California. HORTICULTURAL STATUTES. 13 2319c. Whenever it shall be necessary to state . establish quarantine under this chapter, if sioner IS ~ there be any authorities or officers of the to coop- United States having authority to act in such er .^ e matter, or any part thereof, the said state united commissioner of horticulture shall notify such States authorities or officers of the United States, j^or- seeking their cooperation as far as possible wheresoever the jurisdiction of the United States extends and is being exercised. The?", • i • • in • t 1 notify said commissioner shall at once notify the governor governor of all quarantine lines established of under or pursuant to this chapter, and if the^ an " governor approve or shall have approved of lines. the same or any portion thereof the same shall be in effect and the governor may issue his proclamation proclaiming the boundaries of such quarantine and the nature thereof, and the order, rules or regulations prescribed for the maintenance and enforcement of the same, and may publish said proclamation in such manner as he may deem expedient to give proper notice thereof. 2319/ r . The said state commissioner shall be State ex officio a county commissioner of horticul- g?™™ ls " ture wherever such county commissioner has ex officio been appointed or may hereafter be appointed county or exist in this state pursuant to law, when-g™ r * s ~ ever he is present and acting with said county horticultural commissioner within such county where such commissioner has been appointed. 2319g. It shall be the duty of the superin- Printing, tendent of state printing to print and deliver to the state commissioner of horticulture, upon the written request of said commissioner, all such bulletins, orders, rules, regulations, state- ments, reports and other printed matter, as the said commissioner may deem necessary to have and use for carrying out the purposes of this chapter, and it shall be the duty of the secretary of state to cause to be prepared and 14 HORTICULTURAL STATUTES. furnished to such state commissioner all sta- tionery, paper, blank forms, envelopes, and writing material needful and convenient for use in the office of such commissioner, reports. 231%. It shall be the duty of the state commissioner of horticulture to report in the month of January in each even-numbered year to the governor, and in each odd-numbered year to the legislature of this state the horti- cultural conditions of the state with statistics regarding the same, the efficiency of the work of the county horticultural commissioners of the state and such other matters as he may deem expedient or as may be required either by the governor or legislature, and to include a statement of all the persons employed and moneys expended under this chapter by item- ized statement thereof. Nursery- 2319/. Any nurseryman, agent, jobber, per- mento son? fi rm or organization operating in the with e ' State of California, who ships, sells or handles state m nursery stock, trees, plants, shrubs or vines s°(raerof wn ^ cn are f° r Panting or propagation pur- horti- poses within the borders of this state, shall culture, register with the state commissioner of horti- culture and shall pay the same one dollar for such registration for a period of one year. The state commissioner of horticulture shall issue to each applicant a special license num- ber, and all shipments by such licensee shall have his license number affixed to the package of nursery stock, trees, plants, shrubs or vines for planting or propagation purposes ; pro- vided, however, that an agent or agents acting as salesman for a nurseryman, jobber, person, firm or organization shall not be granted a license number but shall be required to use the license number assigned the nurseryman, jobber, person, firm or organization by whom such agent or agents are employed. 2319/. Any ■ nurseryman, jobber, person, firm or organization doing business without HORTICULTURAL STATUTES. 15 the State of California who desires to ship Permits nursery stock, trees, plants, vines, or shrubs ^gj?, into this state for planting or propagation pur- stock poses from any other state, territory or dis-j^P trict of the United States, shall first make fo a rn \~ a application to the state commissioner of horti- issued by culture for a permit to so do, filing with the state . application a statement of the location of the S i 0ner f nursery, or place of business owned orhorti- operated by him or them, and an official cer- culture - tificate of inspection of such premises signed by the state inspector of the state in which said premises are located. Permits herein provided shall be issued by the state com- missioner of horticulture upon request and without making any charge therefor whenever in his judgment such permits may be issued without endangering the horticultural interests of this state Such permits shall bear a special number, and all shipments thereafter made by any nurseryman, jobber, person, firm or organization into the State of California must contain this number affixed to the pack- age of nursery stock, trees, plants, vines or shrubs shipped by him. 2319k. Any person wilfully refusing to Penalty, comply with orders lawfully made under and pursuant to this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hundred dollars. 2319/. All moneys paid hereunder shall be Payment paid by the state treasurer from moneys of ex ~ appropriated for the support of the office of pense " state commissioner of horticulture, and ex- penses other than the salary of the commis- sioner, the compensation of his deputies, sec- retary, quarantine officers, superintendents, assistants, and clerk, as allowed and provided by this chapter, must be certified by the said commissioner and be approved by the state board of control before being audited and paid. 16 HORTICULTURAL STATUTES. AN ACT RELATING TO THE COUNTY COMMISSIONER OF HORTICUL- TURE. [Approved May 17, 1917. In effect July 27, 1917.] The people of the State of California do enact as follows: tfsu 1 "?- • 2322 [ p ° litical Code]. Whenever a petition visors. i s presented to the board of supervisors of any county or city and county, and signed by twenty-five or more persons each of whom is a resident freeholder and possessor of an orchard, or greenhouse or nursery, or rice fields, stating that certain or all orchards or nurseries or trees or plants of any variety or rice fields, are infested with any infectious diseases, or insects of any kind injurious to fruit, fruit trees, vines or other plants or vegetables, or that there is growing therein the Russian thistle or saltwort (Salsola kali var. tragus), Johnson grass (Sorghum hale- pense) or other noxious weeds, or red rice, or water-grasses or other weeds or grasses detri- mental to rice culture, codlin moth or other insects, ground squirrels, gophers or other ani- mals that are destructive to trees and plants ; or that serious pests, plant diseases injurious to fruit, fruit trees, vines, or other plants or vegetables, or noxious weed seed are being shipped into the county which would cause damage or be liable to cause damage to the orchards, vineyards, gardens or farms of the county or state ; and praying that a commis- sioner be appointed by them whose duties shall be to supervise the eradication, the con- trol, or the destruction of said insects, ground squirrels, gopher or other animals, diseases or Russian thistle or saltwort, Johnson grass or other noxious weeds, or red rice, water-grasses, or other weeds or grasses detrimental to rice HORTICULTURAL STATUTES. 17 culture, when growing in fields of rice or fields adjacent thereto, or in canals or ditches used for the purpose of conveying water to rice fields for the irrigation thereof, as herein provided, the board of supervisors shall imme- List of diately notify the state board of horticultural ^j^ examiners to furnish them a list of eligibles or competent persons as hereinafter provided, and from such list the said supervisors shall appoint a commissioner in accordance with the provisions of this chapter, whose term of office shall be for four years and until his successor shall be appointed and qualified and who shall give a bond in the sum of one thou- sand dollars for the faithful performance of his duties. The said term of office of any and Term of all county commissioners heretofore or herein- count ^ after appointed shall commence on the date of S i oner> b appointment, and be for a period of four years and until his successor shall be appointed and qualified, at the end of which period the said term shall terminate, and said term shall run with and be attached to said office. In anyPeti- case where such petition has already been P re- a]?eadv sented or submitted, or is on file at the time pre - of the passage of this act, as the basis for the sented. appointment of a board of horticultural com- missioners under this chapter as heretofore existing, such petition shall continue in full force and effect and the board of supervisors of any county, or city and county with which any such petition has been filed, or in which any board of horticultural commissioners has heretofore existed, must appoint a county hor- ticultural commissioner. The person appointed Comnris- to such position must be especially qualified ^°^ r for his duties and must be chosen and ap- quali- pointed by the board of supervisors from af^d list of eligible persons recommended and nominated to said board as hereinafter pro- vided. Said appointment to be made within thirty days after receipt of said list by said 2—31789 18 HORTICULTURAL STATUTES. Other board of supervisors ; provided, this act shall acts in no wise affect any other act or acts pro- n ff t t a vising f° r the destruction of ground squirrels or applying to the proceedings thereunder, but it is intended to and does provide the alterna- tive system of proceedings for the extermina- tion of ground squirrels and gophers referred to in this act ; and it shall be within the dis- cretion of the governing body of each county, city and county, city or town herein men- tioned to provide for the destruction of ground squirrels whether under the provisions of this act or under the provisions of such other act or acts ; but when any proceedings are com- menced under this act, the provisions of this act, and of such amendments as may hereafter be adopted, and no other, shall apply to all such proceedings and any provision contained in any other act or acts in conflict with the provisions hereof shall be void and of no effect as to the proceedings commenced under the provisions of this act. Office The said board of supervisors shall provide and ex- a suitable office for the said county horticul- pci:ses. ^ ura j commissioner, and shall furnish and equip the said office with all necessary furni- ture and effects for the proper discharge of the commissioner's duties. The said board of supervisors may also provide the county horti- cultural commissioner with all necessary field equipment for the proper discharge of the duties of his office. All expense ordered by the board of supervisors for such office, furni- ture and equipment, and for stenographic and other office help and expense shall be a county charge and the board of supervisors shall allow and pay the same out of the general Board of fund of the county. A state board of horti- horti- cultural examiners is hereby created consist- exam-* 11 * ng °^ t ^ ie dean °^ ^ ie agricultural college of iners. the University of California, the state com- missioner of horticulture and the superintend- HORTICULTURAL STATUTES. 19 ent of the state insectary, who are ex officio members of said board. They shall serve without pay and said board shall provide con- venient means for the examination of candi- dates for appointment as horticultural com- missioner. While in the performance of their Ex- duties as members of said board they shall be peRses * allowed all their necessary expenses for travel- ing, printing, postage and other incidental matters to be paid out of any appropriations made for the support of the office of the state commissioner of horticulture. At least thirty Notice of days before the date of the examination ofj? 8 ™ 01 " candidates for the said appointment the state board of horticultural examiners shall post or cause to be posted in three public places in said county a notice of the time and place at which such examination will be held, setting forth the conditions and subjects of said ex- amination. At the time and place stated in said notice such examination shall be held. Said examination shall be in writing and the board of horticultural examiners may appoint one of their own number, or some other re- liable, competent person to conduct the holding of such examination in each county and for- ward the papers of each applicant to the board for consideration. Within twenty days after List of the examination is held said examiners shall pp^n tg certify to the board of supervisors of the county, or city and county for which the ex- amination was had, the names of such persons examined as they deem competent and quali- Boar( j f fied for the office and from the list of names horti- so certified the supervisors shall, within thirty cultural days after the receipt of said list of names, ^ s " to appoint a horticultural commissioner. appoint If for any reason the board of supervisors £[ r ^™ is " refuse or neglect to appoint a county horticul- ' w hen tural commissioner at the expiration of the super- thirty days, or if they refuse or neglect to j.* s fu r s s e appoint a county horticultural commissioner to do so. 20 HORTICULTURAL STATUTES. Board of to fill an unexpired term as elsewhere pro- cultural vided in this act, then the state board of horti- exam- cultural examiners shall select and appoint a inersto county horticultural commissioner from the commds- nst °f qualified persons certified to the board sioner of supervisors of that county, whose term of when office shall be for four years, and until his suc- visors" cessor has qualified. Whenever the state refuse board of horticultural examiners shall appoint to do so. a coun ty horticultural commissioner as herein provided, then the county board of supervisors must provide for -the payment of such ap- pointee's compensation and expenses in the same manner as if such appointment had been made by the board of supervisors. As far as possible the board of horticultural examiners shall consult the resident horticulturists of the county in determining the responsibility and moral qualifications of candidates for appoint- ment as commissioners and whose names they certify to the boards of supervisors of the When no several counties. If no personor persons pre- one r sent themselves for examination before said fjes! 1 " board of horticultural examiners or if after such examination no person is found qualified, the state board of horticultural examiners shall name five competent persons and certify them to the board of supervisors and from these names the board of supervisors shall, within thirty days after the receipt thereof, appoint a county horticultural commissioner, and in such event the commissioner so appointed shall Vacancy, hold office for the term of one year. In case of vacancy in the office of horticultural com- missioner the vacancy shall be filled first from the list of eligibles certified to the board of supervisors under the provisions of this chap- ter, and if there be no person named on the said list of eligible persons as in this section first above provided, then said vacancy shall be filled from the list of competent persons named as in this section last above provided, HORTICULTURAL STATUTES. 21 and if said vacancy shall be filled from the said list of eligibles, the said person so ap- pointed shall hold for the balance of the unex- pired term, but if the said vacancy be filled from the said list of competent persons, the said person shall hold for the balance of the unexpired term, if the said unexpired term be not longer than one year, but if said unexpired term be longer than one year then such person shall not by virtue of such appointment hold longer than one year from the date of his ap- pointment. At the expiration of the term of office of New list the county horticultural commissioner, the ^ijjeg to state board of horticultural examiners shall be pro- submit to the board of supervisors of that v * de . d at county where such term shall have expired a t j* ORO f new list of qualified persons who shall have term of qualified before said board of horticultural ° fflce ?*_ examiners by examination as provided in this sioner. section, such list to include without further examination any person who has previously qualified before the state board of horticultural examiners, and who has held office as county horticultural commissioner or deputy horti- cultural commissioner for a term of at least two years immediately preceding the expira- tion of the term of county horticultural com- missioner and in the county where such term shall have expired. Whenever elsewhere in the laws of this state reference is made to a county board of horti- cultural commissioners such reference must be understood to mean or relate to the county horticultural commissioner herein provided for Ccjnty and said county board of horticultural com- j^£ of missioners and the members thereof shall cultural cease to exist ; provided^ that all county boards coiumis- of horticultural commissioners existing at the f£™™ time of the passage of this act shall continue seded. 22 HORTICULTURAL STATUTES. Removal cf in office, with full power as heretofore exist- ing until the election or appointment to suc- ceed them of a county horticultural commis- sioner under the provisions of this act. Upon the petition of twenty-five resident Q1S . freeholders each of whom is possessed of an sioner. orchard, greenhouse or nursery, the state board of horticultural examiners may dis- qualify a county horticultural commissioner for neglect of duty or malfeasance in office after a hearing of the petition. Such hearing- must be held at the county seat of the county where such petition is filed, and notice in writ- ing of the time and place of such hearing and a copy of the petition must be served on the accused horticultural commissioner at least ten days prior to the date of said hearing. At such hearing the state board of examiners shall hear such evidence as is offered and thereafter make an order, either sustaining or disqualifying the accused. In case of such dis- qualification the board of supervisors of the county where the county horticultural com- missioner has been disqualified shall upon the request of the state board of horticultural examiners remove said commissioner of horti- culture and shall immediately proceed to fill the said office for the unexpired term as in cases of vacancy as hereinbefore provided. 2322a. It shall be the duty of the county horticultural commissioner in each county, whenever he shall deem it necessary to cause an inspection to be made of any premises, orchards or nurseries, or trees, plants, vege- tables, vines or fruits, or any fruit-packing house, storeroom, salesroom, or any other place or article in his jurisdiction, and if found infected or infested with infectious dis- eases, scale insects, or codlin moth, or other insect or animal pests injurious to fruits, plants, vegetables, trees or vines, or with their eggs or larvae, or if there is found growing vNotice to owners to destroy nests. HORTICULTURAL STATUTES. 23 thereon the Russian thistle or saltwort, John- Noti ce son grass or other noxious weeds, or red rice, c ^ ners water-grasses or other weeds or grasses detri-to mental to rice culture, he shall in writing destroy notify the owner or owners, or person or per- pcs ' sons in charge, or in possession of the said places or orchards or nurseries, or trees or plants, vegetables, vines, or rice fields, or fields adjacent to rice fields, or canals or ditches used for the purpose of conveying water to rice fields for the irrigation thereof, or fruit, or article as aforesaid, that the same are in- fected or infested with said diseases, insects, animals or other pests, or any of them or their eggs or larvae, or that the Russian thistle or saltwort, Johnson grass or other noxious weeds, or red rice, water-grasses or other weeds or grasses detrimental to rice culture, is growing thereon, and require such person or persons, to eradicate, or destroy or to con- trol, to the satisfaction of the county horticul- tural commissioner the said insects, animals or other pests, or their eggs or larvae, or Russian thistle or saltwort, Johnson grass or other noxious weeds or red rice, or water-grasses, or other weeds or grasses detrimental to rice culture, within a certain time to be therein specified. Said notices may be served upon Service the person or persons, or either of them, own-°f. ing or having charge, or having possession of such infested place or orchard or nursery, or trees, plants, vegetables, vines, or fruit, or articles, as aforesaid, or premises where the Russian thistle or saltwort, Johnson grass or other noxious weeds or red rice, water-grasses, or other weeds or grasses detrimental to rice culture, shall be growing, or upon the agents of either, 03^ any commissioner, or by any per- son deputed by the said commissioner for that purpose in the same manner as a summons in a civil action. In case infectious diseases, scale insects, codlin moth, or other insect or 24 HORTlCUIvTURAI, STATUTES. Service animal pests injurious to fruit, plants, vege- notke tables, trees, or vines, or their eggs, or larvae, where are found to exist on trees or shrubs in public pests parks or along streets,- highways, or other public property subject to the control of a city or lands. county government, or if there is found grow- ing in any public park, street, highway or on other property subject to the control of a city or county government any Russian thistle, or saltwort, Johnson grass, or other noxious weeds, or red rice,- water-grasses, or other weeds or grasses detrimental to rice culture, when said public park, street, highway, or other property subject to the control of the city or county government is adjacent to rice fields, or canals or ditches used for the pur- pose of conveying water to rice fields for the irrigation thereof, then said notice in writing shall be served on the chairman of the govern- ing body of said city or county, and in case the work of eradication, or of control, or of destruction of the said pests, diseases, or noxious weeds in the said public parks, streets, highways, or other public property shall be performed by the county horticultural com- missioner, then the cost thereof shall become a city or county charge, as the case may be, and shall be paid from the general fund of said city or county; provided, however, that if any such infected or infested articles, property or premises as hereinabove specified belong to any person who is not a resident of the county, and there is no person in control or possession thereof, and such nonresident per- son has no tenant, bailee, depositary or agent upon whom service can be had ; or if the owner or owners of any such articles, property or premises can not after due diligence be found, then such notice may be served by posting the same in some conspicuous place upon such article, property or premises, and by mailing a copy thereof to the owner thereof HORTICULTURAL STATUTES. 25 at his last known place of residence, if the same is known or can be ascertained; or if not known then to the county seat of the county wherein said property is situated. Any l '«blic and all such places, or orchards, or nurseries, ar;ceS) or rice fields or fields adjacent to rice fields, what or canals or ditches used for the purpose of are - conveying water to rice fields for the irriga- tion thereof, or trees, plants, shrubs, vege- tables, vines, fruit, or articles thus infested or infected, or premises where the Russian thistle or saltwort or Johnson grass or other noxious weeds, or red rice, water-grasses, or other weeds or grasses detrimental to rice culture, or where any squirrels, gophers or other pred- atory animals shall be found are hereby adjudged and declared to be a public nuisance; and whenever any such nuisance shall exist at any place within his county, and the proper notice thereof shall have been served as herein provided, and such nuisance shall not have been abated within the time specified in such notice, it shall be the duty of the county horti- cultural commissioner to cause said nuisance to be at once abated, by eradicating, or by con- trolling, or by destroying said diseases, insects, animals or other pests, or their eggs, or larvae, or Russian thistle or saltwort, or Johnson grass or other noxious weeds, or red rice, water-grasses, or other weeds or grasses detri- mental to rice culture. The expense thereof Expense shall be a county charge, and the board of'°L tto „ supervisors shall allow and pay the same out hew of the general fund of the county ; any and all paid, sum or sums so paid shall be and become a lien on the property and premises from which said nuisance has been removed or abated in pursuance of this chapter. A notice of such Notice lien shall be filed and recorded in the office of oflien - the county recorder of the county in which the said property and premises are situated within thirty da}^s after the right to the said lien has 26 HORTICULTURAL STATUTES. Notice accrued. An action to foreclose said lien shall of lien. k e commencec [ within ninety days after the filing and recording of said notice of lien, which action shall be brought in the proper court by the district attorney of the county in the name and for the benefit of the county making such payment or payments, and when the property is sold, enough of the proceeds shall be paid into the county treasury of such county to satisfy the lien and costs ; and the overplus, if any there be, shall be paid to the owner of the property, if he be known, and if not, into the court for his use when ascer- tained. Notice Whenever a notice of eradication, or of con- °[ trol, or of destruction is served on any person cation or persons, the county horticultural commis- may be sioner may, at his option, cause a copy thereof fi ^j to be filed for record in the office of the county county recorder within which the said prop- recorder, erty is situated, and if the said property is encumbered with a mortgage, lien, contract, option, bond, or other, encumbrance, the said county horticultural commissioner may, at his option, cause a copy thereof to be served on the person or persons holding such encum- brance. Lien Whenever a lien is filed on a piece of prop- filed on ert y £ or t | ie p Ur pose of collection of such sums fijr as have been expended in the eradication, or purpose in the control, or in the destruction of insects, control diseases, weeds, or animals found upon such of pests property and a copy of a notice of the eradica- te) lake tion, or of the control, or of the destruction denc»" s ^ a ^ h ave k een filed m tne office of the county over" recorder of the county wherein such property other [ s situated, and served on the person or per- except sons holding any such encumbrance, as herein- lien of above provided, then such lien shall take prece- taxes. dence over and be paramount to all other liens upon the said land excepting only the lien of taxes. HORTICULTURAL STATUTES. 27 The county horticultural commissioner is Ccmmis- hereby vested with the power to cause any and j^ s ner all such nuisances to be at once abated in a power to summary manner. cause The county horticultural commissioner shall a " n ' ce ~ g have power and authority to prescribe and en- to be force rules for the examination and qualifica- aliatea - tion of fumigators or sprayers who desire to Comm - s . engage in such business for hire, and to issue S j oner certificates to all persons whom he shall find to issue by examination or otherwise to be duly quali- ^I'^L fled for engaging in such work. Such certifi- sprayers cate shall be revocable whenever the county and horticultural commissioner shall deem such f,"™ 1 ^ revocation necessary. No person shall be per- = mitted to engage in the business of fumigating or spraying for hire within the State of Cali- fornia for the purpose of controlling or eradi- cating plant pests or diseases, who has not first secured a certificate in the manner herein provided. 2322b. Said county horticultural commis- Powers sioner shall have power to divide the county of into districts, and to appoint a local inspector, sioner. to hold office at the pleasure of the commis- sioner, for each of said districts, and may with Deputy, the consent and approval of the board of super- visors, appoint a deputy horticultural commis- sioner from a list of qualified persons certified to the board of supervisors by the state board of horticultural examiners, such deputy to hold office at the pleasure of the commissioner. The state commissioner of horticulture mayQuaran- issue commissions as quarantine guardians to tin( ' the countv horticultural commissioner, the? u n a J deputy and inspectors appointed by him. The said quarantine guardians, local inspectors, deputies or the said county horticultural com- missioner, have full authority to enter into any orchard, nursery, place or places where trees or plants or fruit are kept and offered for sale 28 HORTICULTURAL STATUTES. or otherwise, or any house, storeroom, sales- room, depot, or any other such place in their jurisdiction, to inspect the same, or any part thereof. Record 2322c. It is the duty of the said county and horticultural commissioner to keep a record £>mmis°- f °^ *" s official doings, and to make a report to si.ner. the state commissioner of horticulture on or before the first day of October of each year of the condition of the horticultural interests in ' their several districts, what is being done to eradicate, or to control, or to destroy insect pests, also as to disinfecting, and as to quaran- tine against insect and other pests and dis- eases, and as to the carrying out of all laws relative to the greatest good of the horticul- tural interests, and to furnish from time to time to the state commissioner of horticulture such other information as he may require. Said state commissioner of horticulture may publish such reports in bulletin form or may incorporate so much of the same in his annual scnfaf CS ' re P° rt as ma y be of general interest. It is also etc. ' made the duty of the county horticultural com- missioner to advise himself with reference to all infectious diseases, scale insects or codlin moth or other pests injurious to fruit, plants, vegetables, trees or vines, and with their eggs or larvae and all noxious weeds or grasses or animal pests that may exist in his county or be likely to exist therein and for the purpose of so advising himself and of eradicating and preventing injury from such causes, and for the purpose of advising himself on the best and most efficacious methods of performing Annual his duties and conducting his office he shall meeting. a ^ en( j ^he annual meeting of the state associa- tion of county horticultural commissioners, and such other meetings as the state commis- sioner of horticulture shall require, and he shall be paid his per diem compensation and traveling expenses while so engaged, or while HORTICULTURAL STATUTES. 29 on any service that requires him to go outside the county when the performance of such service has been authorized by the board of supervisors, or the state commissioner of hor- ticulture. 2322d. The salary of inspectors working Salary under the county horticultural commissioner Rectors, is three dollars and fifty cents per day, and deputy the necessary traveling expenses. The salary and . . of the deputy shall be five dollars per day S i' n e r. when in the actual performance of his duties, and the necessary traveling expenses. In the case of the commissioner himself his compen- sation shall be fixed by the board of super- visors, either at not less than one thousand eight hundred dollars per year, or at not less than six dollars per day, when actually en- gaged in the performance of his duties. He shall also be allowed the necessary traveling expenses incurred in the discharge of his regular duties as prescribed in this chapter. 2322e. It is the duty of the county horti- t^super- cultural commissioner to keep a record of his visors, official acts, and make a monthly report to the board of supervisors ; and the board of super- visors may withhold warrants for salary of said commissioner, deputy and inspectors until such time as such report is made. 2322/. Anv person, persons, firm or corpo- AT x ._ 4.- u i_ 11 • u • j. -u Notifica- ration, who shall receive, bring, or cause to be ti on f brought into any county or locality of the arrival of State of California from another county or nurs ei"y locality within said state any nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit pits, or fruit or vege- tables, or seed, for the purpose of planting or propagating the same, or any or all such ship- ments of nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit pits, or fruit or vegetables, or seed or con- tainers thereof or other orchard appliances, which the county horticultural commissioner 30 HORTICUI/TURAI, STATUTES. Notjfica- tfOr of arrival of nursery stock. Labeling of nursery stock. Disposal of diseased nursery stock, etc. or the state commissioner of horticulture may- consider liable to be infested or infected with dangerous insect pests or plant diseases or noxious weed seeds and which if so infested or infected would constitute a dangerous menace to the orchards, farms and gardens of the county or state, shall immediately after the arrival thereof notify the county commis- sioner of horticulture, his deputy, or nearest inspector of the county in which such nursery stock, or fruit or vegetables, or seed, are received, of their arrival, and hold the same without unnecessarily moving or placing such articles where they may be harmful, for imme- diate inspection by such county commissioner of horticulture, his deputy, inspector, or deputy quarantine officer or guardian. 2322g. Each carload, case, package, crate, bale, or bundle of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, or fruit or vegetables, or seed, imported or brought into any county of the State of Cali- fornia from another county within said state for planting or propagation purposes, shall have plainly and legibly marked thereon in a conspicuous manner and place, the name and address of the shipper, owner or owners, or person forwarding or shipping same, and also the name of the person, firm -or corporation to whom the same is forwarded or shipped, or his or its responsible agents. A manifest showing the contents of each shipment, also the name of the locality where the contents were grown and a statement of the contents therein shall be made to the county horticul- tural commissioner having jurisdiction at the point of destination when shipment is made. 2322h. When any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits, or fruit or vege- tables, or seed, imported or brought into any county or locality of the State of California HORTICULTURAL STATUTES. 31 from another county or locality within such Dis P° s al state, is found to be infested or infected with diseased any species of injurious insects, or their eggs, nursery larvae or pupae, or other animal or plant dis- s ^ ock > eases or noxious weed seeds which would cause e c ' damage or be liable to cause damage to the orchards, vineyards, gardens or farms of any county of the State of California, all material in shipment found to be so infested or infected shall be deemed a public nuisance, shall be refused delivery, and shall be immediately re- turned to the point of shipment or destroyed, at the option and expense of the owner or owners, or his or their responsible agents. The remainder of such shipment shall be dis- infected under the directions of the county horticultural commissioner making such inspec- tion and in a manner as provided for in sec- tion two thousand three hundred twenty-two i of this act ; provided, however, that when any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits, or fruit or vegetables, or seed or their con- tainers or orchard appliances imported or brought into any county or locality of the State of California from another county or locality within said state, is found to be in- fested or infected with any species of injurious insects, or their eggs, larvae, or pupae, or other injurious animal or plant diseases or noxious weed seeds not known to exist in the county or locality in which said shipment is delivered, or if there is reasonable cause to presume it may be so infested or infected the entire ship- ment shall be refused admittance and shall be immediately returned to point of shipment or destroyed at the option and expense of the owner or owners, or his or their responsible agents ; provided, further, that when any ship- ment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits, or fruit or vegetables, or seed, imported or 32 HORTICULTURAL STATUTES. Disposal of diseased nursery stock, etc. State commis- sioner to issue descrip- tions of insects, etc., .ind to advis? methods for control. brought into any county or locality of the State of California from another county or locality within said state, is found to be in- fested or infected with any species of injurious insects or their eggs, larvae or pupae, or plant diseases or noxious weed seeds which are of common occurrence in the county or locality into which it is shipped or transported, and which may be exterminated by such treatment as may be prescribed in section two thousand three hundred twenty-two i of this act and under the direction of the county horticultural commissioner of the county in which it is received, the same may be disinfected or cleaned at the expense of the owner or owners or his or their responsible agents, in a manner satisfactory to the county horticultural com- missioner making the inspection, and after such treatment the shipment may be delivered to the consignee. Any and every provision of this act relating to shipment or transportation of nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit pits, or fruit or vegetables, or seed from one county of the State of California to another county of said state, shall apply equally and identically to such shipment or transportation of such articles from one locality to another locality within the same county of said state. 2322/. The state commissioner of horticul- ture is hereby empowered and directed from time to time to ascertain and determine, and promulgate the names and descriptions of in- sects, animals and diseases that may cause in- jury to orchards, vineyards, gardens, fruit or nut bearing or ornamental trees, vines, plants, nursery stock, fruit, nuts, vegetables or seed, and to ascertain, and advise the proper methods of treatment, disposal and disinfec- tion of nursery stock, trees, vines, plants, fruit, nuts, vegetables or seed, and the containers thereof which may be found to be infested or HORTICULTURAL STATUTES. 33 infected with, or which may have been ex- posed to infection or infestation by any such insect or its eggs, larvae or pupae, or any such animal or plant diseases. 2322/. Any person, persons, firm or corpo- Penalty, ration violating any of the provisions of this act shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a period not exceeding six months or by a fine not exceeding five hundred dollars, or by both fine and imprisonment. COUNTY HORTICULTURAL QUARANTINE ORDINANCES. As a result of an amendment to section 2319c of the Political Code contained in the act relating to the state commissioner of horticulture all county horticul- tural quarantine ordinances have been null and void since August 8, 1915. They are therefore not in- cluded in this revision of the horticultural statutes. — G. H. Hecke. 3—31789 34 HORTICULTURAL STATUTES. STATE QUARANTINE LAW. An act to provide for the protection of horti- culture and to prevent the introduction into this state of insects or diseases, or animals, injurious to fruit or fruit trees, vines, bushes or vegetables, providing for a quarantine for the enforcement of this act, making a viola- tion of the terms of the act a misdemeanor, and providing the penalty therefor ; provid- ing that said act' shall be an urgency meas- ure and go into effect immediately, and re- pealing that certain act entitled "An act for the protection of horticulture and to prevent the introduction into this state of insects, or diseases, or animals, injurious to fruit or fruit trees, vines, bushes or vegetables, and to provide for a quarantine for the enforce- ment of this act," approved March n, 1899. [Approved January 2, 1912.] The people of the State of California do enact as follows: Inspec- Section 1. Any person, persons, firm or articles corporation who shall receive, bring or cause brought to be brought into the State of California, any to^ nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds or fruit pits, or fruit or vegetables, or seed, shall immediately after the arrival thereof notify the state com- missioner of horticulture, or deputy quarantine officer, or quarantine guardian of the district or county in which such nursery stock, or fruit or vegetables or seed are received, of their arrival, and hold the same without un- necessarily moving the same, or placing such articles where they may be harmful, for the immediate inspection of such state commis- sioner of horticulture, or deputy quarantine HORTICULTURAL STATUTES. 35 officer or guardian. If there is no quarantine Notice of guardian or state horticultural quarantine offi- ^. x ^ ed cer.in the county where such nursery stock or fruit or vegetable, or seed is received, it shall then be the duty of such person, persons, firm or corporation to notify the state commis- sioner of horticulture, who shall make imme- diate arrangements for their inspection. The Author- state commissioner of horticulture, deputy \*& of quarantine officer, quarantine guardian or such tor. person or persons as shall be commissioned by the state commissioner of horticulture to make such inspection, or to represent said commis- sioner, is hereby authorized and empowered to enter at any time into any car, warehouse, depot or upon any ship within the boundaries of the State of California whether in the stream or at the dock, wharf, mole, or any other place where such nursery stock or fruit or vegetables or seed or other described articles are received or in which such nursery stock or fruit or vegetables or seed is im- ported into the state, for the purpose of making the investigation or examination to ascertain whether such nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit, vegetables or seed is infested with any species of injurious insects, or their eggs, larvae or pupse or other animal or plant disease. If after such examination or inspection, anyDisin- of the said described articles are found to be faction. so infested or infected as aforesaid, then it shall be the duty of the owner, owners, or per- sons, firm or corporation having charge or possession thereof to so disinfect at his or their expense such portion or portions of the ship, dock, wharf, mole, car, warehouse or depot where said articles may have been located in such a manner as to destroy all infection or infestation present or that is liable to be present, and all articles or packages or 36 HORTICULTURAL STATUTES. Disin- fection. Nothing to be removed prior to disin- fection. Marking required on articles under- going ship- ment. Destruc- tion of infected or infested material. soils apt to be so infested or infected shall be held until the said articles or packages or soils have been thoroughly disinfected and all in- jurious insects, or their eggs, larvae or pupae or other animal or plant disease have been eradi- cated and destroyed ; provided, however, that all articles of nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit, vegetables or seed which are infested or infected with such species of in- jurious insects or their eggs, larvae or pupae or other animal or plant disease which may be or be liable to be injurious to the orchards, vine- yards, gardens or farms within said state, shall be destroyed or reshipped out of the state as hereinafter provided. The said officer so making such inspection shall not permit any of the described articles so coming in contact with said infested or infected articles or any articles which might convey infection or in- festation to be removed or taken from any such car, warehouse, depot, ship, dock, wharf or any other place until after such infection or infestation shall have been destroyed. Sec. 2. Each carload, case, box, package, crate, bale or bundle of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, or fruit or vegetables or seed, imported or brought into this state, shall, have plainly and legibly marked thereon in a conspicuous manner and place the name and address of the shipper, owner, or owners or person forward- ing or shipping the same, and also the name of the person, firm or corporation to whom the same is forwarded or shipped, or his or its re- sponsible agents, also the name of the country, state or territory where the contents were grown and a statement of the contents therein. Sec. 3. When any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits or seed or vege- tables or fruit, imported or brought into this HORTICULTURAL STATUTES. 37 state, is found infested or infected with anyDestruc- species of injurious insects, or their eggs, ^fected larvae or pupae or other animal or plant disease or or there is reasonable cause to presume that toasted they may be so infested or infected, which would cause damage, or be liable to cause damage, to the orchards, vineyards, gardens or farms of the State of California, or which would be or be liable to be detrimental thereto or to any portion of said state, or to any of the orchards, vineyards, gardens or farms within said state such shipment shall be imme- diately destroyed by the state commissioner of horticulture, his deputy quarantine officer, quarantine guardians or other person or per- sons, who shall be commissioned by the state commissioner of horticulture to make such in- spection ; provided, however, that if the nature siiip- of the injurious insects, or their eggs, larvae, ™| nt f pupae or animal or plant disease be such that s t a t e of no damage or detriment can be caused to the articles said orchards, vineyards, gardens or farms of ^" e n c ^ ed California or any of the same by the shipment or of the same out of the state, then the said infested, state commissioner of horticulture, his deputy quarantine officer, quarantine guardians or other person or persons who shall be commis- sioned by the state commissioner of horticul- ture to make such inspection, and who shall make such inspection, shall notify the owner or person, firm or corporation having posses- sion or control of said articles to ship the same out of the state within forty-eight hours after such notification, and it shall be the duty of such owner or owners, or person, firm or corporation, to so ship said articles, but such shipment shall be under the sole direction and control of the officer so making the inspection and shall be at the expense of the owner or owners, his or their agent or agents, and for a failure to comply with such notice such owner or owners, his or their agent or agents 38 HORTICULTURAL STATUTES. shall be deemed guilty of a violation of the terms of this act and be punished accordingly and immediately after the expiration of the time specified in said notice said articles shall be seized and destroyed by said officer at the expense of the said owner or owners, his or their agent or agents. Ship- Slc. 4. When any shipment of nursery passing stoc k, trees, vines, plants, shrubs, cuttings, through grafts, scions, fruit, fruit pits, vegetables or state. seed, or any other horticultural or agricultural product passing through any portion of the State of California in transit, is infested or infected with any species of injurious insects, their eggs, larvse or pupa? or animal or plant disease, which would cause damage, or be liable to cause damage to the orchards, vine- yards, gardens or farms of the State of Cali- fornia, or which would be, or be liable to be, detrimental thereto or to any portion of said state, or to any of the orchards, vineyards, gardens or farms within said state, and there . exists danger of dissemination of such insects or disease while such shipment is in transit in the State of California, then such shipment shall be placed within sealed containers, com- posed of metallic or other material, so that the same can not be broken or opened, or be liable to be broken, or opened, so as to permit any of the said shipment, insects, their eggs, larvae or pupse or animal or plant disease to escape . from such sealed containers and the said con- tainers shall not be opened while within the State of California. Fruit fly. Sec. 5. No person, persons, firm or corpo- ration shall bring or cause to be brought into the State of California any fruit or vegetable or host plant which is now known to be, or hereafter may become a host plant or host fruit of any species of the fruit fly family Trypetidse from any country, state or district where such species of Trypetidae is known to HORTlCUIvTURAIv STATUTES. 39 exist and any such fruit, vegetable, or host plant, together with the container and packing, shall be refused entry and shall be immediately destroyed at the expense of the owner, owners or agents. Sec. 6. No person, persons, firm or corpo- ^ each ration shall bring or cause to be brought into an( j w the State of California any peach, nectarine, or peach apricot tree or cuttings, grafts, scions, buds or rosette - pits of such trees, or any trees budded or grafted upon peach stock or roots that have been in a district where the disease known as "peach yellows" or the contagious disease known as "contagious peach rosette" are known to exist, and any such attempting to land or enter shall be refused entry and shall be destroyed or returned to the point of ship- ment at the option of the owner, owners or agent, and at his or their expense. SEC. 7. No person, persons, firm or corpo- Injurious ration shall bring or cause to be brought into animals - the State of California any injurious animals known as English or Australian wild rabbit, flying fox, mongoose or any other animal or animals detrimental to horticultural or agricul- tural interests. Sec. 8. Any person, persons, firm or corpo- P cr:alt y- ration violating any of the provisions of this act shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment Sec. 9. It is hereby determined and de- Act m clared that this act and each and all of the ge ncy provisions thereof, constitute and is an urgency measure, measure necessary for the immediate preserva- tion of the public safety and health. The facts constituting such necessity are as follows : There now exists in various islands and terri- tory in close proximity to the State of Cali- fornia dangerous and injurious fruit and plant 40 HORTICULTURAL STATUTES. Act an emer- gency measure. Repeal of. former law. In effect immedi- ately. diseases and insects and animals, and hereto- fore fruits, vegetables, plants, seeds and other articles of horticulture and agriculture from said islands and territory have been and now are being shipped and brought into the State of California, which are to a large extent in- fested and infected with dangerous and in- jurious fruit and plant diseases and insects, their eggs, larvae and pupae, and which if con- tinued to be brought into the state will cause great danger to the public health, and will greatly damage the .horticultural and agricul- tural interests of said state, and will also be detrimental to the public health, and this act is necessary to provide ample power to prevent the introduction of such insects and diseases and injurious animals into the state and to prevent the spread of such disease, insects and animals. S^c. 10. That certain act entitled "An act for the protection of horticulture, and to pre- vent the introduction into this state of insects, or diseases, or animals, injurious to fruit or fruit trees, vines, bushes, or vegetables, and to provide for a quarantine for the enforcement of this act," approved March 11, 1899, is hereby repeale.d. Sec. 11. This act, being an urgency measure as above set forth, shall take effect and be in full force immediately from and after its passage. HORTICULTURAL STATUTES. 41 AN ACT RELATING TO THE SHIP- MENT OF INJURIOUS INSECTS THROUGH OR INTO THE STATE OF CALIFORNIA. An act to prevent the importation into or transportation through the State of Cali- fornia of insects injurious to cultivated crops, providing exemption for specific scientific purposes, fixing the authority to grant such exemption and providing a penalty for a violation of the terms of this act. [Approved May 5, 1917. In effect July 27, 1917.] The people of the State of California do enact as follows: Section 1. No person, firm or corporation Shi P- shall bring into the State of California, nor ^jurious shall any railroad, steamship, express or other insects transportation company knowingly transport ^ live into the State of California from any state, territory or district in the United States, or from any foreign country, or from one point or place in the State of California to another point or place therein, any cotton boll weevil, gypsy moth, or an}' insect in a live state which is injurious to cultivated crops, or the eggs, larvae or pupae of any insect injurious as afore- said, except when brought for scientific pur- poses under the regulations hereinafter pro- vided for ; nor shall any person bring into the State of California from any state, territory or district in the United States, or from any foreign country, or from any point or place in the State of California to another point or place therein, except for scientific purposes under the regulations as hereinafter provided for, any insect in a live state which is injurious A2 HORTICULTURAL STATUTES. Con.mis- sioner of horti- culture and U. S. Dept. Agr. to issue rules and regula- tions. Penalty. to cultivated crops, or the eggs, larvse or pupae of any insect injurious as aforesaid. Sec. 2. No provision in this act shall apply- to the transportation or moving into or through the State of California, of live insects for scientific purposes under the rules and regulations promulgated by the United States department of agriculture, or by the state com- missioner of horticulture of California. Sec. 3. Any person, firm or organization who shall violate the provisions of section one of this act shall be guilty of a misdemeanor. AREAS OF THE UNITED STATES UNDER PLANT QUARANTINE BY ORDER OF COMMISSIONER OF HORTICULTURE. No. 23 — Melanose of Citrus Fruits. Florida, Porto Rico. No. 25 — Potato Eelworm. Recommends inspection only. QUARANTINE ORDERS IN FORCE. No. A — Melon Fly. Hawaiian Islands, Polynesia. 5 — Mediterranean Fly. Orient. Fruit Hawaiian Islands, Austra- lia, Southern Europe. No. 13 — Mexican Orange Worm (Fruit Fly). Mexico. No. 21— Citrus White Flies. Distribution shown on map. No. 26 — Mexican Cotton Boll Weevil. All states in the United States quarantined except Mari- copa County, Arizona. Distribution shown on map. No. 27 — Tulare County Points. Points of entry for importing nursery stock. No. 28 — Citrus Canker. All states except Arizona are quarantined against. Distribution, Louisiana, Mississippi, Alabama, Florida, Georgia and Texas. No. 29— Alfalfa Weevil. Distribution shown on map. No. 30— White Pine Blister Rust. All 5 -leaved pines, currants and gooseberries from east of Mississippi River. Distribution shown on map. REGULATIONS. No. 3 — Mediterranean Fruit Fly. Requiring inspection of automobile tops shipped from Hawaiian ports. . 5 — Peach Yellows and Peach Rosette. Distribution shown on map. . 6 — Chestnut Bark Disease. Chestnut nursery stock from all states exam- ined for symptoms. Distribution shown on map. :ilTS!> 1 Cc sit ho cu an U. Dt As isg ru an res tic Pei HORTICULTURAL STATUTES. '43 QUARANTINE ORDERS AND REGU- LATIONS.* Issued by the State Commissioner of Horticulture. QUARANTINE ORDER No. 1. Pertaining to citrus white fly (Aleyrodes citri). Importation of nursery stock and other hosts ^ hite prohibited from Florida, Louisiana, and other ies ' infested territory. (Issued March 2, 1906. Superseded by Order No. 21.) QUARANTINE ORDER No. 2. Pertaining to boll weevil (Anthonomus grandis). Prohibiting the importation of cotton seedEoU. into California except under certain condi- v,eevi1 - tions, i. e., through State Commission of Horti- culture and several specified county horticul- tural commissioners. (Issued April 23, 1908. Superseded by Order No. 26.) QUARANTINE ORDER No. 3. Pertaining to the importation of nursery stock into Tulare County. (Issued January 17, 1910. Amended by Order No. 27.) WhErEas, The State Commissioner of Hor- Jniporta- ticulture has determined from common report, tic ! 1 °f. from personal inspection and from the report steel- of the State Quarantine Officer that the com- into mercial citrus fruit trees and all others as far™^ as examined in Tulare County are entirely free from the red scale (Chrysomphalus aurantii), black scale (Saissctia oleae), purple scale (Lepidosaphes beckii), and other scales detrimental to the production of fruit ; and *L,ist of Quarantine Orders and Regulations still in effect on accompanying map; Tulare county 44 HORTICULTURAL STATUTES. Importa- WhErEas, There is continual danger of the nursery introduction of the said scales and others into stock Tulare County; and US*™ Whereas, A reasonable quarantine regula- tion would protect the fruit interests of the said county without violating the rights of other sections ; therefore, It is declared, That a quarantine be and is hereby established against the importation of all fruit and nursery stock and plants into Tulare County, and the horticultural commis- sioner, his deputy and all his inspectors, are hereby instructed to hold and cause to be returned to the points where the shipments originated all such stock found within the said county of Tulare ; it is unlawful, during the continuance of this order for any railroad, ex- press, or other company or individual to bring or cause to be brought into said county such stock or to receive it for delivery; provided, that all such nursery stocks and plants may be delivered and received at Porterville, Lindsay, Exeter, Tulare, Visalia, Ducor, and Dinuba, all within the said county, and it is hereby declared that the above named stations are in no way affected by this order, and at the places named all such stocks may be received and will be promptly inspected, and if found clean they will be released. (Signed) J. W. Jeffrey, State Commissioner of Horticulture. Approved : J. N. GlEEETT, Governor of the State of California. QUARANTINE ORDER No. 4. Pertaining to melon fly (Dacus cucurbitae). Sacramento, March 28, 1910. Melon WhErEas, From information that has been fly * received by this commission, and the fact having been duly determined by the commis- HORTICULTURAL STATUTES. 45 sion, it appears that a certain fruit and vege- Melon table fly known as Dacus cucurbitae is preva- ^* lent in the Hawaiian Islands, and very de- structive to watermelons, muskmelons, cucum- bers and tomatoes on these islands, and that the said Dacus cucurbitae is not known to exist in the state of California ; and, WhErEas, The introduction of this fly into the state would entail great and irreparable losses to the horticultural products subject to its attacks ; and, Whereas, The most rigid inspection can not determine the presence of the larva maggot of this fly without the destruction of the fruit or vegetable which may be infected ; therefore, It is ordered, That a horticultural quaran- tine be and is hereby established against watermelons, muskmelons, cucumbers and to- matoes imported from the Hawaiian Islands or other territory known by. the state commission to contain infection of the Dacus cucurbitae, and all deputies of the State Commission of Horticulture, county horticultural commissions, and horticultural quarantine officers are hereby instructed to hold all such fruits or vegetables above described for exportation out of the state or to be destroyed as may be directed by the owner or consignee. (Signed) J. W. JeefrEy, State Commissioner of Horticulture. Approved : J. N. GlEEETT, Governor of the State of California. QUARANTINE ORDER No. 5. Pertaining to the Mediterranean fruit fly. (Issued June 24, 1911.) Sacramento, Cae., June 24, 1911. Whereas, The State Commissioner of Hor- Mediter- ticulture has received official notification fromj an . e . a " the Board of Agriculture and Forestry of the 46 HORTICULTURAL STATUTES. Mediter- Hawaiian Islands that an insect known as the fruiUIy. Mediterranean Fruit Fry (Ceratitis capitata) has become established on the island of Oahu ; and Whereas, The deputy horticultural quaran- tine officers at the port of San Francisco have discovered and properly identified this fruit fly {Ceratitis capitata) in fruit and vegetables brought in both as freight and personal bag- gage from the port of Honolulu, Hawaiian Islands ; and Whereas, The introduction of this fruit fly (Ceratitis capitata) into California would en- tail irreparable losses to our fruit, vine and vegetable interests ; It is hereby ordered, directed and declared. That a quarantine be and the same is hereby established in accordance with section 2319b of the Political Code of the state of California, against the importation of all fruits, vegeta- bles, berries, seed-pods, etc., either cultivated in the orchards or gardens or growing wild in the Hawaiian Islands, with the exception that pineapples, bananas, and all root crops, the edible portions of which during growth have always been beneath the surface of the soil, shall be admitted at the ports of the state of California after having been duly inspected ; provided, that any or all of these exempted fruits Or vegetables, if at any time hereafter shall be found to contain upon inspection the egg, larvse or pupse of the fruit fly (Ceratitis capitata) they shall be immediately included in the list of quarantined fruits and vegetables. The fruit or vegetables quarantined against in this order shall be immediately returned to the port from which they were shipped, or de- stroyed at the option of the owner, consignee or agent. In no case shall such quarantined fruits be allowed to be transported over, re- packed or stored upon any dock, warehouse, barge or other property within the jurisdiction HORTICULTURAL STATUTES. 47 of the state of California, excepting the ship Mediter- in which they were originally brought, or to^"^, which they are at once transferred. All deputies of the State Commission of Horticul- ture, or state quarantine guardians are hereby empowered to carry out the provisions of. this • order. J. W Jeffrey, State Commissioner of Horticulture. Approved : Hiram W. Johnson, Governor of California QUARANTINE ORDER No. 6. Pertaining to potato eelworm (Tylenchus devastatrix). Prohibiting the shipping of potatoes from Potato Lyon, Churchill and Washoe counties, Nevada, erlworm. into California because of eelworm. (Issued November 27, 1911. Superseded by Quaran- tine Order No. 25.) QUARANTINE ORDER No. 7. Revocation of potato eelworm order relating Potato to three counties in Nevada, but providing for eelworm. inspection of shipments from these counties. If found infested said shipments ordered out of state or destroyed. (Issued December 23, 1911. Superseded by Order No. 25.) QUARANTINE ORDER No. 8. Pertaining to Tulare County points of entry. Ship- Adding five towns to the list of inspection nnr^evy points, namely, Strathmore, Sultana, Tipton, stock ' Goshen, and Farmersville. jl 1 * ' Tulare (Issued January 25, 1912. Amended by Order No. 27.) county. 48 HORTICULTURAL STATUTES. QUARANTINE ORDER No. 9. Pertaining to the Mexican orange fly, Ana- strepha ludens (Trypeta ludens). orange" 1 Prohibiting the importation of citrus fruits, Ay. guavas or mangoes by rail or streamer from Mexico into the state of California. (Issued January 25, 1912. Superseded by Order No. 13.) QUARANTINE ORDER No. 10. Pertaining to peach tree borer (Sanninoidea pacifica). Preventing the shipment of peach, plum, bcrer. apricot, prune, nectarine, cherry and almond trees from Santa Clara, Alameda, Santa Cruz, and San Mateo counties. (Issued January 29, 1912. Superseded by Order No. 12.) Peach tree QUARANTINE ORDER No. 11. Pertaining to peach tree borer (Sanninoidea pacifica). Peach Same as Order No. 10, but providing for borer. shipment of nursery stock after inspection. (Issued February 2, 1912. Repealed by Order No. 12.) QUARANTINE ORDER No. 12. Pertaining to peach tree borer (Sanninoidea pacifica). Peach Repealing the orders issued relative to the borer. shipment of peach, plum, apricot, prune, nec- tarine, cherry and almond trees from Santa Clara, Alameda, Santa Cruz, and San Mateo counties. (Issued February 3, 1912.) HORTICULTURAL STATUTES. 49 QUARANTINE ORDER No. 13. Pertaining to the Mexican orange maggot, Anastrepha ludens (Trypeta ludens). Whereas, There exists in several of the Mexican states of Mexico a very serious insect pest, fl y/° namely, the Mexican or Morelos orange fly, Anastrepha ludens Loew (Trypeta ludens) ; and Whereas, This fly attacks oranges, sweet limes, guavas and mangoes, and is exceedingly destructive to all such fruits ; and WhErEas, Said orange fly is free from para- sites and is very difficult to combat; and WhErEas, Steamships from Mexican ports and railroad cars traversing these infested areas, come direct to our state, and may, and very likely will, be the bearers of affected oranges, sweet limes, guavas and mangoes, and so may bring this orange maggot, Anastrepha ludens (Trypeta ludens), into the state of California, which, if introduced, would bring incalculable loss to our people ; therefore be it Directed, ordered and declared, That a quar- antine be and the same is hereby established in accordance with the law approved by Gov- ernor Johnson, January 2, 1912, against the importation of oranges, sweet limes, guavas and mangoes from the states of Mexico, either by boat or rail, and that, as heretofore, all cars bringing oranges, sweet limes, guavas or mangoes from Mexico into the United States, other than California, must be thoroughly fumigated before they bring any freight what- ever into the state of California, and any quarantine heretofore established against the importation of citrus fruits into the state of California, from said Mexico, is hereby modi- 50 HORTICULTURAL STATUTES. Mexican ne d a nd removed to the extent of, and in orange fly. accordance with, this quarantine order. A. J. Cook, State Commissioner of Horticulture. Approved : A. J. Wallace, Acting Governor of State of California. Sacramento, February 13, 1912. Alfalfa weevil. QUARANTINE ORDER No. 14. Pertaining to alfalfa weevil (Phytonomus posticus). Prohibiting the importation of alfalfa hay from counties of Salt Lake, Tooele, Juab, Utah, Wasatch, Summit, Davis, Morgan, Weaver, Boxelder, Cache, and Rich, state of Utah ; Oneida and Bear Lake, state of Idaho ; and Uintah County, Wyoming. (Issued August 13, 1912. Superseded by Order No. 29.) White flies. QUARANTINE ORDER No. 15. Pertaining to citrus white flies (Aieyrodes citri, Aleyrodes nubifera). Prohibiting the importation of all fruits and vegetables (excepting tomatoes), nursery stock, scions, grafts, buds, cuttings, fruit pits, orange seeds, trees, vines, plants and shrubs of all kinds from the Gulf States, Georgia and the Carolinas. (Issued August 30, 1912. Superseded by Order No. 21.) Alfalfa weevil. QUARANTINE ORDER No. 16. Pertaining to alfalfa weevil (Phytonomus posticus). Prohibiting the importation of colonies of bees in hives, all hay, including alfalfa and other hay and straw in cattle cars from Utah, Wyoming and Idaho. Alfalfa seed admitted only on inspection by quarantine officer. (Issued October 15, 1912. Superseded by Order No. 29.) HORTICULTURAL STATUTES. 51 QUARANTINE ORDER No. 17. Pertaining to alfalfa weevil (Phytonomus posticus). Order No. 16 amended to include nursery Alfalfa stock and ornamental stock packed in tule, hay weevil - or straw, or shipped in boxes or cars that have not been disinfected, and stipulating how said nursery stock and ornamentals shall be packed. (Issued December 17, 1912. Superseded by Order No. 29.) QUARANTINE ORDER No. 18. Pertaining to citrus white flies (Aleyrodes citri and Aleyrodes nubifera). Amending Order No. 15 of August 30, 1912, White to include all known host plants of the white es * flies, and any others which may be determined later. (Issued December 17, 1912. Superseded by Order No. 21.) QUARANTINE ORDER No. 19. Pertaining to cotton boll weevil (Anthonomus grandis). Prohibiting the shipment of cotton seed into Cotton California except for experimental purposes by boll • permit of State Horticultural Commissioner. weevil - Revoking Order No. 2. (Issued Tanuary 31, 1913. Superseded by Order No. 26.) QUARANTINE ORDER No. 20. Pertaining to alfalfa weevil (Phytonomus posticus). Same as Order No. 17, with exception of the Alfalfa quarantine against Idaho. The quarantined weevil, area of the state of Idaho includes only the 52 HORTICULTURAL STATUTES. southeast corner, south of forty-third parallel north latitude and east of the one hundred thirteenth meridian west longitude. (Issued February 27, 1913. Superseded by Order No. 29.) QUARANTINE ORDER No. 21. Pertaining to citrus white flies. Sacramento, March 4, 1913. White Quarantine Orders No. 15, under date of flies. August 30, 1912, and No. 18, under date of December 17, 1912, are hereby amended to read as follows : Whereas, The fact has been determined by the State Commissioner of Horticulture that the white fly (Aleyrodes citri) is widely dis- tributed in the states of North Carolina, South Carolina, Georgia, Florida, Alabama, Missis- sippi, Louisiana and Texas, and that the white fly {Aleyrodes nubifera) exists at the present time in the state of Florida; and Whereas, Both Aleyrodes citri and Aley- rodes nubifera are primarily serious pests of, and work great injury to, citrus trees; and Whereas, There is great danger of intro- ducing Aleyrodes citri and Aleyrodes nubifera into the citrus groves of California by the im- portation of such plants, trees or ornamental nursery stock as are known to be hosts or food plants of any or all species of citrus white flies from each of the states aforesaid; now, therefore, it is hereby Ordered, directed and declared, That a horti- cultural quarantine be, and the same is, hereby established in accordance with the provisions of section 2319b of the Political Code of the state of California, against all the known host plants of Aleyrodes citri and Aleyrodes nubi- fera, as follows : Allamanda (Allamanda neriifolia) Banana shrub {Magnolia fuscata) HORTICULTURAL STATUTES. 53 Boston ivy (Ampelopsis tricuspidata) White Citrus (orange, lemon, citron, grapefruit, * kumquat, tangerine, and all other citrus plants) Cape jessamine (Gardenia Horida) Cape jessamine (Gardenia j 'as mino ides) California privet (Ligustrum amurense) Cherry laurel (Prunas laurocerasus) Cultivated pear (Pyrus sp.) Crape myrtle (Myrtus lager straemia) China berry (Melia azedarach) Coffee (Coffea arabica) English ivy (Hedera helix) Picus macro phylla Golden privet (Ligustrum sp.) Green ash (Praxinus lanceolata) Japanese persimmon (Diospyros kaki) Jasminum fruticans Laurestinus (Viburnum tinus) Lilac (Syringa vulgaris) Mexican orange (Choisya ternata) Mock olive (Prunus caroliniana) Myrtle (Myrtus communis) Osage orange (Madura aurantiaca) Portugal cherry (Cerasus sp.) Pomegranate (Punica granatum) Prickly ash (Xanthoxylum clava-her cults) Smilax (Smilax sp.) Texas umbrella (Melia azedarach var. urn- braculiformis) Tree of Heaven (Ailanthus glandulosa) Trumpet vine (Tecoma radicans) Water oak (Quercus aquatica) Wild persimmon (Diospyros virginiana) Wild olive or devilwood (Osmanthus ameri- canus) Yellow jessamine (Jasminum odoratissimum) or any other that may hereafter become a host plant, imported from the states of North Caro- lina, South Carolina, Georgia, Florida, Ala- bama, Mississippi, Louisiana and Texas, or 54 HORTICULTURAL STATUTES. White any other section known to harbor either Aleyrodes citri or Aleyrodes nubifera, into the state of California. All quarantine guardians and deputies of the State Horticultural Com- missioner are hereby instructed and required to hold any and all of the aforesaid host plants, nursery and ornamental stock, which are host plants of this Aleyrodes citri and of this Aleyrodes nubifera, subject to the order of the shippers or owners thereof for exporta- tion out of the state, or to be destroyed, and to take every necessary precaution for the prevention of the issuance of the said white flies while the same "are being held in quaran- tine. Provided, that all plants, nursery and orna- mental trees, other than the host plants enumerated in this order (excepting coniferous species), imported into the state of California from the aforesaid states of North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Texas, or any other section known to harbor either Aleyrodes citri or Aleyrodes nubifera, or both, shall be com- pletely defoliated, and failure upon the part of the shipper or importers to comply with this ruling shall result in the holding of such ship- ment by the state quarantine authorities, sub- ject to return or destruction at the discretion of the shippers or importers. .And, it is hereby further Provided, that orange seed and fruit pits may be received into the state of California upon compliance with the following conditions : Every lot of orange seed or fruit pits brought into the state of California from North Caro- lina, South Carolina, Georgia, Florida, Ala- bama, Mississippi, Louisiana and Texas, or other territory infested with either Aleyrodes citri or Aleyrodes nubifera, or both, must be enclosed in a container sufficiently tight and . , secure to prevent the egress of these pests, HORTICULTURAL STATUTES. 55 should any be enclosed ; and every lot of such White orange seed or fruit pits must be shipped to es * the Deputy Quarantine Officer of the Cali- fornia State Commissioner of Horticulture in Los Angeles or to any other person authorized in writing by the State Commissioner of Horticulture to receive it. Every such lot must be delivered at such freight or express office as shall be designated by said Deputy Quarantine Officer, or any other authorized person, and held by him in quarantine and sufficiently treated until in his judgment the lot may be released. All expense incurred in treating for disinfections of such lot of orange seed or fruit pits shall be paid by the con- signee or owner, and the orange seed or fruit pits shall not be released until the same is paid. A. J. Cook, State Commissioner of Horticulture. Approved : Hiram W. Johnson, Governor of State of California. QUARANTINE ORDER No. 22. Pertaining to Tulare County points of entry. Adding the town of Richgrove to the in- ^^ f spection points in Tulare County for the nursery examination of nursery stock shipped into the st ? ck , into county. Tulare (Issued April 11, 1913. Amended by Order No. 27.) oomty. QUARANTINE ORDER No. 23. Pertaining to melanose of citrus fruits and citrus trees. March 13, 1914. WhErEas, The fact has been determined by Melan- the State Commissioner of Horticulture that a 0S9 - fungous disease, injurious to citrus fruits and citrus trees, known as melanose {Phomopsis 56 HORTICULTURAL STATUTES. Melan- citri), new to and not heretofore prevalent or ose ' distributed in the state of California, exists in the state of Florida in the United States and in the island of Porto Rico ; Now, Therefore, It is declared necessary in order to prevent the introduction of melanose into the state of California that a horticultural quarantine be and the same is hereby estab- lished at the boundaries of the state of Cali- fornia in accordance with the provisions of section 2319b of the Political Code of the state -of California against all citrus fruits and citrus trees imported or brought from the state of Florida in the United States and from the island of Porto Rico ; and no such citrus fruits or citrus trees shall be permitted to pass over the said quarantined lines so hereby estab- lished and proclaimed. Hereafter, and until further notice, All citrus fruits and citrus trees from the aforementioned state and island are denied admittance into the state of California, and upon the arrival of any such fruits or trees as quarantined against in this order the same shall be immediately sent out of the state, or destroyed, at the option and expense of the owner, consignee or agent. All deputies of the State Commissioner of Horticulture or state quarantine guardians are hereby empowered to carry out the provisions of this order. A. J. Cook, State Commissioner of Horticulture. Approved : Hiram W. Johnson, Governor of the State of California. Dated March 16, 1914. HORTICUI/fURAI, STATUTES. 57 QUARANTINE ORDER No. 24. Pertaining to Tulare County points of entry. Amendment to Order No. 22 adding the Ship- towns of Woodlake, Lemon Cove, and Spring- ^ery ville to the list of Tulare County inspection stock points. into (Issued December 7, 1914. Amended by Order No. 27.) coun ty, QUARANTINE ORDER No. 25. Pertaining to potato eelworm (Heterodera radicicola). (Revocation of Quarantine Order No. 7.) Whereas, Quarantine Order No. 6 was duly Potato issued by the state of California against the ee l worm - potato eelworm, Heterodera radicicola, and at the time of its issuance was deemed necessary for the protection of the state of California; and Whereas, Thereafter on December 23, 1911, Quarantine Order No. 7 was declared revoking Order No. 6, and containing certain qualifica- tions or conditions; and Whereas, Occasion no longer exists for the qualifications or conditions of Quarantine Order No. 7; Therefore, Quarantine Order No. 7 is hereD}' revoked. It is urged, however, that all potatoes, whether home grown or from any other states be carefully inspected and that any infested with eelworm be rigorously excluded. (Signed) A. J. Cook, State Commissioner of Horticulture. Approved : Hiram W. Johnson, Governor of the State of California. Sacramento, California, December 12, 1914. 58 HORTICULTURAL STATUTES. QUARANTINE ORDER No. 26. (With Regulations.) Pertaining to Mexican cotton boll weevil. Cotton Whereas, The fact has been determined by weevil ^ e State Commissioner of Horticulture that an injurious insect known as the Mexican cotton boll weevil (Anthonomus grandis Boh.), new to and not hitherto known to exist within and throughout the state of California, exists in several states of the United States ; Now, Therefore, It is declared necessary in order to prevent the introduction of the Mexi- can cotton boll weevil into the state of Cali- fornia that a horticultural quarantine be and the same is hereby established in accordance with the provisions of section 231% of the Political Code of the state of California against cotton seed of all species and varieties im- ported or brought into the state of California from any other state or locality whatsoever, except as hereinafter provided. REGULATIONS GOVERNING ENTRY OF COTTON SEED INTO THE STATE OF CALIFORNIA. Regulation I. Cotton seed grown in any state or locality known to be infested with the Mexican cotton boll weevil is hereby prohibited from entering the state of California for any purpose whatsoever, and upon the arrival of any such cotton seed as quarantined against in this order, the same shall be immediately sent out of the state or destroyed at the option and expense of the owner, consignee or agent. Regulation 2. Cotton seed grown in any state or locality where the Mexican cotton boil weevil is not known to exist will be admitted into the state of California only for actual ex- periments in the growing of cotton in amounts not to exceed one hundred pounds. Persons contemplating the importing or bringing into the state of California cotton seed for experi- HORTICULTURAL STATUTES. 59 mental purposes shall first make application to 9°^ m the State Commissioner of Horticulture for a w ° ev ji # permit, stating in the application the name and address of the exporter, the locality where the cotton seed was grown, the amount of the im- portation and the name and address of the importer in the state of California to whom the permit should be sent. Regulation 3. Cotton seed imported or brought into the state of California under per- mit issued by the State Commissioner of Horticulture shall have each package or con- tainer in the shipment plainly and correctly marked to show the number of the permit, the quantity of the contents, the state and locality where grown, the name and address of the exporter and the name and address of the consignee. Regulation 4. Railroad cars that have been used for the transportation of cotton, cotton lint or cotton seed must immediately upon arrival at California points be thoroughly cleaned of all cotton seed, and such cotton seed shall be burned when removed from the car. All such cars found at any point in Cali- fornia containing cotton seed in or upon any of the parts thereof shall be amenable to all the regulations of this order, and shall be placed in quarantine by the State Commis- sioner of Horticulture until said cotton seed is destroyed and the car passed as clean by a state quarantine officer. All deputies of the State Commissioner of Horticulture or state quarantine guardians are hereby empowered to carry out the provisions of this order. The foregoing regulations do not apply to the experiments of the United States Depart- ment of Agriculture in the state of California. This order supersedes Quarantine Order 60 HORTICULTURAL STATUTES. No. 19, under date of January 31, 1913, and shall take effect immediately. A. J. Cook, State Commissioner of Horticulture. Approved : Hiram W. Johnson, Governor of the State of California. Adopted January 4, 1915. AMENDMENT No. 1 TO QUARANTINE ORDER No. 26. Pertaining to cotton boll weevil. Cotton Thg following facts have been determined weevil, by the State Commissioner of Horticulture, to wit : The cotton boll weevil (Anthonomus grandis Boh.) is not known to exist in the state of Arizona; the state of Arizona has declared and is maintaining a quarantine against the en- trance into the state of Arizona of the cotton boll weevil (Anthonomus grandis Boh.) ; and that the best interests of the cotton growers of the state of California require the introduc- tion of Egyptian cotton seed grown in the county of Maricopa, Arizona. Now, Therefore, It is declared that until further orders Egyptian cotton seed grown in the county of Maricopa, Arizona, may be im- ported into the state of California subject to the following regulations : Regulation i. Persons contemplating the importing or bringing into the state of Cali- fornia cotton seed grown in the county of Maricopa, Arizona, shall first make application to the State Commissioner of Horticulture of California for a permit to so do, stating in the application the name and address of the ex- porter, the locality where the cotton seed was grown, the amount of the importation, and the name and address of the importer in the state HORTICULTURAL STATUTES. 61 of California to whom the permit should bepotton cpnf boU °** I1U . m weeviL Regulation 2. All persons importing or bringing into the state of California, cotton seed grown in the county of Maricopa, Arizona, shall secure in triplicate for each importation of cotton seed a certificate signed by the ento- mologist of the state of Arizona, setting forth the locality where the cotton seed, covered by the certificate, was grown. One copy of such certificate is to be filed with the State Com- missioner of Horticulture of the state of Cali- fornia, one copy to be delivered to the State Quarantine Guardian before release of ship- ment of cotton seed to consignee, and one copy to be retained by the importer of the cotton seed. The foregoing regulations do not apply to the experiments of the United States Depart- ment of Agriculture in the state of California. Quarantine Order No. 26 is amended accord- ingly. G. H. HeckE, State Commissioner of Horticulture. Approved : Hiram W. Johnson, Governor of the State of California. Issued February 16, 1917. QUARANTINE ORDER No. 27. (Tulare County. See Order No. 3.) Quarantine Order No. 24, under date of Ship- December 7, 1914, is hereby amended to read m f^° f r ,, ' ' J . nursery as follows: stock Whereas, Quarantine Order No. 24, Tulare into County, California, only permitted fruit and™^ y nursery stock and plants to be delivered at Porterville, Exeter, Lindsay, Tulare, Visalia, Ducor, Dinuba, Cutler, Pixley, Angiola, Terra Bella, Strathmore, Sultana, Tipton, Goshen, Farmersville, Richgrove, Woodlake, Lemon Cove and Springville; and 62 HORTICULTURAL STATUTES. Ship- ment of nursery stock into Tulare county. WhErEas, Seville now has an agent; there- fore, It is hereby ordered and declared, That all the stations named, above be places for de- livery of nursery stock, fruit trees, fruit and plants, which, if found free from insects or disease, will be released by the deputy quaran- tine officer of said count}^. (Signed) A. J. Cook, State Commissioner of Horticulture. Approved : . Hiram W. Johnson, Governor of the State of California. Sacramento, California, March 9, 1915. Canker of citrus fruits. QUARANTINE ORDER No. 28. Pertaining to canker of citrus fruits and citrus trees. September 21, 1916. The fact has been determined by the State Commissioner of Horticulture that a contagious disease, injurious to citrus fruits and citrus trees, known as citrus canker (Pseudomonas citri), new to and not heretofore prevalent or distributed in the state of California, exists in several states of the United States, and that the nature of this disease is so virulent as to cause the United States Department of Agri- culture to issue a quarantine against the intro- duction of citrus nursery stock of every variety from all foreign countries. Now, Therefore, It is declared necessary, in order to prevent the introduction of citrus canker into the state of California, that a horticultural quarantine be and the same is hereby established at the boundaries of the state of California, in accordance with the pro- visions of section 2319b of the Political Code of the state of California, against all citrus fruits and citrus trees of every variety, in- cluding buds and scions, imported or brought HORTICULTURAL STATUTES. 63 from any state or territory of the United Canter States ; and no such citrus fruits or citrus trees fruits? 13 shall be permitted to pass over the said quar- antine lines so hereby established and pro- claimed. Hereafter, and until further notice, All citrus fruits and citrus trees, including buds and scions, from the aforementioned states and territories are denied admittance into the state of California, and upon the arrival of any such fruits or trees as quarantined against in this order, the same shall be immediately sent out of the state, or destroyed, at the option and expense of the owner, consignee or agent. All deputies of the State Commissioner of Horticulture, and state quarantine guardians are hereby empowered to carry out the pro- visions of this order. The foregoing regulations do not apply to the experiments of the United States Depart- ment of Agriculture in the state of California. Geo. P. Weu>on, Acting State Commissioner of Horticulture. Approved : Hiram W. Johnson, Governor of the State of California. AMENDMENT No. 1 TO QUARANTINE ORDER No. 28. Pertaining to citrus canker. The fact has been determined by the State Canker Commissioner of Horticulture, that the state fi^s" 18 of Arizona has declared and is maintaining a quarantine against the entrance into the state of Arizona of all host fruits and host plants of the citrus canker (Pseudomonas citri), and that the citrus canker does not exist in the state of Arizona. Therefore it is declared that until further orders the state of Arizona is exempted from the regulations of Quarantine Order No. 28. HORTICULTURAL STATUTES. Quarantine Order No. 28 is amended accord- ingly. G. H. Hecke, State Commissioner of Horticulture. Approved November 28, 1916. Hiram W. Johnson, Governor of the State of California. QUARANTINE ORDER No. 29. (With Regulations) Pertaining to alfalfa weevil. The fact has been determined by the State Commissioner of Horticulture that an insect injurious to alfalfa, known as the alfalfa weevil (Phytonomus posticus), new to and not here- tofore prevalent or distributed in the state of California, exists in the state of Utah and in certain counties in the state of Idaho, to wit : Cassia, Bingham, Bear Lake, Oneida, Bannock, Franklin and Power, and in certain counties in the state of Wyoming, to wit: Sweetwater, Uinta and Lincoln. Now, Therefore, It is declared necessary, in order to prevent the introduction of the alfalfa weevil into the state of California, that a horti- cultural quarantine be and the same is hereby established at the boundaries of the state of California, in accordance with the provisions of section 2319& of the Political Code of the state of California, against all alfalfa and other hay and cereal straw, agricultural emigrant movables, live stock, potatoes and nursery stock, except as hereinafter provided. Regulation I. Alfalfa hay and other hay of all kinds and cereal straws that have been grown or stored in the state of Utah or in the counties in the states of Idaho and Wyoming aforementioned in this order, are hereby pro- hibited from entering the state of California for any purpose whatsoever, and upon the HORTICULTURAL STATUTES. 65 arrival of any such hay or straw as quaran- Alfalfa tined against in this order, the same shall be immediately sent out of the state or destroyed, at the option and expense of the owner or owners, his or their responsible agents. Regulation 2. Potatoes grown in the afore- mentioned state and counties where the alfalfa weevil is known to exist will be admitted into the state of California only when accompanied by an official certificate signed by the state in- spection officer of the state in which such ship- ments of potatoes originate, setting forth that the potatoes in the shipment have been passed over a screen, placed in fresh, clean sacks, and packed in cars that are free of alfalfa hay or other hay and cereal straws. Regulation j. All nursery and ornamental stock and other plants imported or brought into the state of California from the afore- mentioned state and counties, must be packed in fresh shavings, excelsior or other suitable packing (except tule, hay or straw), and that each shipment must be accompanied by an official certificate setting forth that each pack- age in the shipment has been fumigated for a period of one hour for alfalfa weevil in an air- tight enclosure, subsequent to being boxed, baled or packed for shipment, with cyanide of potassium or sodium at the rate of one ounce to each one hundred cubic feet of space. Regulation 4. All agricultural emigrant movables imported or brought into the state of California from the aforementioned state and counties must be accompanied by an official certificate of inspection made under oath and setting forth that such agricultural emigrant movables as enumerated in the certificate have been inspected and found to be free and clean of alfalfa hay, all other kinds of hay and cereal straw, at time of departure or shipment. 5—31789 66 HORTICULTURAL STATUTES. Alfalfa Regulation 5. Railroad cars that have been used for- the transportation of live stock in or through any part of the state of Utah or the counties in the states of Idaho or Wyoming aforementioned in this order must be clean and free of alfalfa hay, all other kinds of hay or cereal straw before entering the state of California. All deputies of the State Commissioner of Horticulture or state quarantine guardians are hereby empowered to carry out all the pro- visions of this order. This order supersedes Quarantine Order No. 20, issued February 27, 1913. G. H Hecke, State Commissioner of Horticulture. Approved : Hiram W. Johnson, Governor of the State of California. Dated, December 29, 1916. QUARANTINE ORDER No. 30. Pertaining to white pine blister rust. The fact has been determined by the State Commissioner of Horticulture that a contagious tree disease, known as white pine blister rust (Peridermium strobi, Kleb.), new to and not heretofore distributed within and throughout the state of California exists in several states of the United States, and that the species and varieties of currants and gooseberries (Ribes) are known to be carriers of this disease. Now, Therefore, It is declared necessary ,_ in order to prevent the introduction of white pine blister rust into the pine forests of the state of California, that a horticultural quarantine be and the same is hereby established at the boundaries of the state of California, in accord- ance with the provisions of section 2319& of the Political Code of the state of California, against all five-leafed pine trees, and all species HORTICULTURAL STATUTES. 67 and varieties of currant and gooseberry plants White and cuttings, imported or brought from anyjjj^ter and all states and districts of the United States rust, east of the Mississippi river, and no such five- leafed pine trees, or currant or gooseberry plants or cuttings shall be permitted to pass over the said quarantine lines so hereby estab- lished and proclaimed. Hereafter, and until further notice, All five- leafed pine trees, and currant and gooseberry plants and cuttings, from any and all states and districts of the United States east of the Mississippi river are denied admittance into the state of California, and upon the arrival of any such trees, plants or cuttings as quar- antined against in this order, the same shall be immediately sent out of the state, or destroyed, at the option and expense of the owner or owners, his or their responsible agents. All deputies of the State Commissioner of Horti- culture, and state quarantine guardians are hereby empowered to carry out the provisions of this order. G. H. HeckE, State Commissioner of Horticulture. Approved February 1, 1917. Hiram W. Johnson, Governor of the State of California. QUARANTINE REGULATIONS. REGULATION No. 1. Pertaining to peach yellows and peach rosette; Prohibiting the transportation of shipment Pe ach into California of all peach, nectarine orpg^ s ' apricot trees, or cuttings, grafts, scions, buds rosette, or pits of such trees or any trees budded or grafted upon peach stock, etc., from states affected. Distribution shown on map. (Issued March 29, 1913. Superseded by Regulation No. S.) 68 HORTICULTURAL STATUTES. REGULATION No. 2. Pertaining to melanose of citrus fruits. The presence of the fungus known as mel- anose found in citrus fruits sent into Cali- fornia considered sufficient cause to reject the shipment (Issued May 23, 1913. Superseded by Order No. 23.) Melan- ose. Mediter- ranean REGULATION No. 3. Pertaining to inspection of automobile tops on ships from Hawaii. The fact has been determined by the State fruit fly. Commissioner of Horticulture that the horti- cultural quarantine officers at the port of San Francisco have found the pupae of flies in the folded tops of automobiles arriving from points in Hawaiian Territory, and recognizing the possibility of the mature larvae of the Med- iterranean fruit fly dropping from infested fruit on trees beneath which automobiles may have halted while traversing through Hawaii, and the apparent danger of introducing this pest into California through this source ; there- fore, Notice is hereby given, That under authority granted me by section 1 of the act of Jan- uary 2, 1912 (Stats. Ex. Sess. 1911, page 434), that all quarantine officers, acting under authority of the State Commissioner of Horti- culture, are instructed to make inspection of the tops of automobiles received at the port of San Francisco, or any other California port, from points in Hawaiian Territory to discover whether the same contain any such injurious insects or eggs, larvae, pupae or adults, and for that purpose to detain such automobiles until such inspection may be completed. (Signed) A. J. Cook, State Commissioner of Horticulture. Sacramento, California, September 13, 1913. HORTICULTURAL STATUTES. 69 REGULATION No. 4. Pertaining to peach yellows and peach rosette. Same as Regulation Xo. 1, with the addition p ea ch of the states and territories quarantined yellows, against. ^ e c t h te- (Issued October 25, 1913. Superseded by Order No. 5.) REGULATION No. 5. Pertaining to peach yellows and peach rosette. To all state horticultural quarantine officers and state quarantine guardians : Quarantine Circular No. 4 is hereby amended to read as follows :• With a view to the proper and full applica- ^ ch tion of all the provisions set forth in section 6^1^ ' of the state quarantine law, the State Com- rosette, missioner of Horticulture of California has caused diligent and continuous inquiry (cover- ing a period of two years) to be made at all sources of information, both official and other- wise, concerning the distribution of the dis- eases known as ''peach yellows" and "con- tagious peach rosette" in and throughout the United States In digesting the information received from these sources upon this matter full consideration has been given to the in- sidious character of these diseases and the admitted impossibility of detecting the pres- ence of the same in nursery stock or in young orchards. With a keen realization of these facts, as also the apparent indefinite knowledge of the exact extent of infected localities, as expressed by the officials of these states, it was decided as a matter of the greatest pro- tection to the horticultural interests of Cali- fornia to use state lines as boundaries of in- fected districts as expressed in section 6 of the state quarantine law. Based upon the information acquired from these official sources up to the present time it 70 HORTICULTURAL STATUTES. Peach nas been determined that the area to which all peach^' °f ^e provisions set forth in section 6 shall rosette, apply is outlined as follows : The states of Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Pennsylvania, West Virginia, Virginia, North Carolina, Tennessee, Kentucky, Mississippi, Ohio, Michigan, Indiana, Illinois, Arkansas, Nevada, Florida and the province of Ontario in Canada. Until further orders all state horticultural quarantine officers and state quarantine guard- ians are hereby directed to refuse admittance into the state of California of all peach, nec- tarine, or apricot trees or cuttings, grafts, scions, buds or pits of such trees, or any trees budded or grafted upon peach stock or peach roots grown at or that have been in anv district within the aforementioned area. (Signed) A. J. Cook, State Commissioner of Horticulture. Sacramento, California, October 30, 1913. QUARANTINE REGULATION No. 6. Pertaining to chestnut bark disease. Chestnut The fact has been determined by the State Commissioner of Horticulture that a virulent disease of chestnut trees known as chestnut bark disease (Endothia parasitica Murr.), new to and not known to exist in the state of Cali- fornia, is widely distributed in several states of the United States, and that this disease can readilv be transported on nursery stock. Therefore, all state quarantine guardians are hereby urged to be especially diligent in exam- ining chestnut trees imported into the state of California. The following description taken from the Year Book of the Department of Agriculture for 1912 is here quoted for guidance at time bark disease HORTICULTURAL STATUTES. 71 of making inspection of imported chestnut Chestnut trees : diseases. "Nursery trees affected by the bark disease rarely show it prominently at the time when thev are shipped ; the threads of conidia or the yellow or orange pustules are rarely present, and usually all the inspector can find is a small, slightly depressed, dark-colored area of dead bark, usually near the ground, which is easily overlooked or mistaken for some insignificant injury. Upon cutting into such a spot the inner bark shows a most characteristic disor- ganized 'punky' appearance nuite different from that of any other bark injury. Occasion- allv a yellowish brown or reddish band or blotch, either girdling or partly girdling the young tree, may be seen, which is very charac- teristic." All state quarantine guardians are hereby requested to segregate and hold any and all chestnut trees showing symptoms as described above, and forward samples in tight containers to the Quarantine Office at San Francisco for determination. (Signed) G. H. HeckE, State Commissioner of Horticulture. Issued December 4, 1916. 72 HORTICULTURAL STATUTES. Free from insects and fungous diseases. Fruit sold in bulk. Defini- tions. FRESH FRUIT STANDARDIZATION LAW. An act to promote the development of the California fresh fruit industry in state and interstate markets, and to protect the state's reputation in these markets by establishing a standard for the packing of certain fresh fruits specified therein, and to prevent decep- tion in the packing, prescribing penalties for violation of the provisions hereof, and re- pealing all acts inconsistent herewith. [Approved May 24, 1917. In effect July 27.. 1917.] The people of the State of California do enact as follows: Section 1. To promote the development of the California fresh fruit industry and to pre- vent deception in packing for state or inter- state shipment, there is hereby created and established a "standard" for the packing of fresh fruits of the kinds specified in this act. Sec. 2. Unless specifically excepted in this act, all of its provisions shall be applicable to all fresh fruits specified herein when packed, shipped, delivered for shipment, offered for sale or sold in any container or subcontainer. SEC. 3. All fresh fruits of. the kinds speci- fied in this act when packed shall be practically free from insects and fungous diseases. Sec. 4. All fresh fruits of the kind specified in this act, except citrus fruits, which shall be sold in bulk or loose in the box or in any other manner, excepting in standardized packs as provided in this act (excepting grapes, which must conform to the sugar standards provided in section eight a hereof), shall be exempt from the provisions of this act. Sec. 5. When used in this act the words herein mentioned shall be defined as follows : "Pack, packing or packed," shall mean the HORTICULTURAL STATUTES. 73 regular compact arrangement of all or part of the fruit in aiw container or subcontainer used for the purpose of sale or transportation for sale. The words "in bulk or loose in the box without packing" shall mean the indiscriminate placing without any thought of regular arrangement of any of the kinds of fresh fruit mentioned in this act into a box, wagon or other receptacle used for the nurpose of sale or transportation for sale. The words "fresh fruit" shall mean the fresh Defini- product of any tree, vine or plant mentioned tions - in this act. The word "maturity" shall mean a degree of ripeness fit for shipment. The word "county" includes a consolidated "city and county." The word "container" shall mean any box, crate or other package used to hold or contain packed fresh fruit. The word "subcontainer" shall mean any basket or other receptacle used within a con- tainer of packed fresh fruit. SEC. 6. All cherries packed in containers or Cherries, subcontainers shall contain cherries well colored, of practically uniform size, quality, and maturity and one variety only, excepting that such containers may contain more than one variety if such fact be plainly stamped on the outside thereof with the words "mixed varieties" with letters not less than one-half inch high. Each container or subcontainer shall be stamped on the outside with the mini- mum weight of contents and the container shall have the name of variety or varieties stamped thereon. Sec. 7. Peaches, apricots, pears, quinces, Peaches, tomatoes, plums and prunes when packed shall etr - be of practically uniform size, quality and maturity. When packed' in containers made up of two or more subcontainers having sloping sides, for the purpose of ventilation of 74 HORTICULTURAL, STATUTES. Varia- the fresh fruit therein, the contents shall not sizlfand varv i n si ze niore than ten per cent in each count. layer, and not more than twenty per cent in the whole subcontainer, and no layer below the top layer shall contain a greater numerical count than the top layer. Each container or subcontainer shall be stamped upon the out- side with the minimum weight of its contents. Each container shall bear in plain letters the name of the variety contained therein. When packed in a container having perpendicular sides and ends,, each shall contain approxi- mately the same numerical count in each layer ; provided, that when peaches are packed in con- tainers having perpendicular sides the con- tainer shall also be marked upon the outside of the end thereof in plain figures with the approximate number of peaches in the box, which shall be within four peaches of the true count. Lug When the fresh fruits mentioned in this boxes, section are packed in containers known to the trade as "lug" boxes, the provisions of this section appertaining to variety, numerical count and marking shall not apply. Grapes. Slc. 8a. Table grapes, when packed, shall be of practically uniform quality and shall be well matured and show a sugar content of not less than seventeen per cent Balling scale, ex- cept Emperor, Gros Coleman and Cornichon, which shall show not less than sixteen per cent Balling scale. Each crate or package except subcontainers shall be stamped in plain letters with the name of the variety of grapes therein. Each container, or subcontainer, shall be stamped in plain figures and letters upon one end with a minimum net weight, and no con- tainer or subcontainer shall contain less than the minimum stamped thereon. Irregular con- tainers in addition thereto, shall be plainly marked "irregular" and have the actual gross weight stamped thereon. HORTICULTURAL STATUTES. 75 Sec. 8b. The standard containers for table Grape grapes when packed shall be : tainers. 1. Standard crate, which after packing when measured at the end, shall not exceed five inches between the top and bottom and when measured in the center shall not exceed five and three-fourths inches between the top and bottom and containing a minimum net weight of not less than twenty-four pounds. 2. Double crates containing a minimum net weight of not less than forty-eight pounds. 3. One-half crates containing a minimum net weight of not less than twelve pounds. 4. Thirty pound lugs containing a minimum net weight of not less than twenty pounds. 5. Forty pound lugs containing a minimum net weight of not less than thirty-two pounds. 6. Fifty pound lugs containing a minimum net weight of not less than forty-two pounds. 7. Williams lugs containing a minimum net weight of not less than twenty-four pounds. 8. Kegs or drums packed with sawdust or other preserving material, containing a mini- mum net weight of not less than twenty-nine pounds and a maximum net weight of not more than thirty-five pounds. 9. All other containers of table grapes shall be "irregular" containers. Sec. 9. The standard container for berries Berries, shall be: Dry quart containing an interior capacity of sixty-seven and two-tenths cubic inches, or dry pint containing an interior capacity of thirty-three and six-tenths cubic inches, or dry one-half pint containing an in- terior capacity of sixteen and eight-tenths cubic inches, or baskets four and one-half by four and one-half by two and one-fourth in depth, or baskets four and one-half by four and one-half by two in depth, or baskets four and one-half by four and one-half by one and three-eighths in depth ; all measurements are in inches or fractions thereof. All other sizes 76 HORTICULTURAL STATUTES. shall be marked "irregular." When packed, the berries in any container or subcontainer shall be practically uniform throughout the container, or subcontainer, in quality, color and maturity. Irregular containers shall be -. marked "irregular." Canta- SEC. 10. Cantaloupes packed in containers loupes. as follows shall be known as standard packed: Standard crates twelve by twelve by twenty- two and one-half inches containing forty-rive or thirty-six cantaloupes ; Pony crates eleven by eleven by twenty-two and one-half inches containing forty-five or fifty-four cantaloupes ; Jumbo crates thirteen by thirteen by twenty- two and one-half inches containing thirty-six or forty-five cantaloupes ; Standard flats four by twelve by twenty-two and one-half inches containing twelve or fifteen cantaloupes ; Jumbo flats four and one-half by thirteen and one-half by twenty-two and one-half inches containing twelve or fifteen cantaloupes. All measurements herein to be inside meas- urements without distention. All other sizes of containers when packed shall be marked "irregular." All standard packs shall be marked "standard." All con- tainers when packed shall have the number of cantaloupes contained therein stamped in plain figures on the label end of the crates with figures not less than one-half inch high. All cantaloupes when packed shall be fully netted of uniform size, firm and mature, free from bruises and practically free from aphis honey dew and other defects. Citrus Sec. 11a. It shall be unlawful for any one fruits. tQ se j^ Q ffer for sale, ship or deliver for ship- ment any citrus fruits, which are immature or frozen to the extent of injuring the reputation of the citrus industry of the State of California if shipped, and for any one to receive any HORTICULTURAL STATUTES. 11 such citrus fruits under a contract of sale, or Citrus for the purpose of sale, or for shipment, or for delivery for shipment ; provided, hozvever, that nothing in this section contained shall be con- strued to prevent the sale or shipment for sale of frozen or otherwise defective fruit to a by-product factory, or the manufacture thereof into citrus by-products ; nor shall this section apply to the sale, or contract for sale, of citrus fruits on the trees, nor shall it apply to com- mon carriers or their agents who are not in- terested in such fruits and are merely receiving the same for transportation. Sec. lib. An orange shall be deemed prop- erly matured for sale, or to be offered for sale, for shipment, or to be offered for shipment, under the provisions of this act, either when the juice contains soluble solids equal to, or in excess of, eight parts to every part of acid contained in the juice, the acidity of the juice to be calculated as citric acid without water of crystallization, or when the orange is sub- stantially colored on the tree. The foregoing provisions shall not apply to shipments of oranges to foreign countries other than the Dominion of Canada, during any season, pro- vided such shipments are made after the first day of November. Sec. 12. All containers of fruit of a kind Labeling specified in this act, except subcontainers, when ° f . con " packed and offered for sale, shall bear upon them in plain sight and in plain letters on the outside thereof, the name of the orchard where the same was produced, with the post-office address thereof, or the name and post-office address of the person, firm, company or corpo- ration, or organization who shall have first packed or authorized the packing of the same, or the name under which such packer shall be engaged in business, together with the post- office address of such oacker. 78 HORTICULTURAL STATUTES. Inspec- tor of fruits, duties of. Inspec- tors in chief of fresh fruits. Appoint- ment of inspec- tors in counties where no commis- sioner is present. Sec. 13. The office of "inspector of fresh fruits" is hereby created for each and every county in the state. The horticultural commis- sioner of each county, and all deputy horticul- tural commissioners shall be ex officio inspec- tors of fresh fruits thereof, and the district inspectors under each County horticultural commissioner are ex officio "deputy inspectors of fresh fruits" in their respective districts. The board of supervisors shall appoint as many deputy "inspectors of fresh fruits" as are necessary to carry out the provisions of this act. Their term of office shall be for such time as is deemed necessary by said board of supervisors. For the purpose of creating and securing unity in inspection, the offices of "in- spectors in chief of fresh fruits" are hereby created, and the state commissioner of horti- culture and his chief deputy, for the purposes of this act, are hereby made ex officio such in- spectors in chief and shall, where there is a dispute or difference between the inspectors of fresh fruits of two or more counties, or where, the interpretation of inspection standards be- tween two or more counties differs materially, have the power and authority to settle the dis- pute between the inspectors of fresh fruit of such counties and to fix reasonable standards between such counties where thev materially differ. Sec. 14. If in any county or city and county of this state, there is no commissioner of horti- culture, it shall be the duty of the board of supervisors thereof to appoint an inspector of fresh fruits and such deputy inspectors of fresh fruits as the said board of supervisors shall deem necessary. Such inspectors and deputy inspectors of fresh fruits shall be ap- pointed to serve for such time during each year as fresh fruits are being packed or shipped in said county or city and county. The salary of an inspector of fresh fruits shall be five HORTICULTURAL STATUTES. 79 dollars per day and necessary traveling ex- penses. The salary of a deputy inspector of fresh fruits shall be three dollars and fifty cents per day and necessary traveling expenses. Sec. 15 In case the board of supervisors of Failure any county, or city and county, shall fail or°' neglect, for thirty days after receipt of a visors to written request from the state commissioner of appoint horticulture, to appoint an inspector of fresh " spec ° fruits, or necessary deputy inspectors of fresh fruits, fruits for such county, or city and county, then the said state commissioner of horticulture shall forthwith assign to said county, or city and county, one or more deputy state commis- sioners of horticulture, as he shall deem neces- sary, and such deputy or deputies shall per- form all of the duties, within the said county or city and county to which assigned, as is provided in this act to be performed by an in- spector of fresh fruits. The actual cost of services rendered by an inspector or deputy inspector, as the case may be, of fresh fruits, assigned to any county in pursuance hereof, together with his necessary traveling expenses shall be a county charge and shall be paid in the same manner in which other claims against the county are paid. SEC. 16. The board of supervisors shall Power of remove any inspector of fresh fruits and the^ S Q^" to inspector of fresh fruits shall remove any remove deputy upon proper showing of neglect of fruitin ; duty, malfeasance in office, or general unfit- ness for office. Whenever a vacancy in the office of inspector of fresh fruits or deputy inspector of fresh fruits occurs, the vacancy shall immediately be filled by the appointing power. SEC. 17a. Every inspector of fresh fruits powers and every deputy inspector of fresh fruits shall .° f fruit have power to enter and to inspect every place org Pec " within the county for which he has been ap- pointed where any fruit mentioned in this act 80 HORTICULTURAL STATUTES. Duties of in- spectors. Duty of district attor- ney. Bight of refusal to ship fruit packed in viola- tion of this act. is produced, packed, shipped, delivered for shipment, offered for sale or sold, and to in- spect such places and all such fruits and the containers thereof and the equipment found in any such places. Sec. 17b. It shall be the duty of the inspec- tors or deputy inspectors of fresh fruit in their respective districts to enforce the provisions of this act and to cause the prosecution of any person, firm, corporation or organization, whom they know or have reason to believe is guilty of the violation of its provisions. Sec. 17c. An inspector or deputy inspector of fresh fruits in the performance of their duties shall have the same powers as are pos- sessed by peace officers of ,the city, county or state and shall have the right while exercising such police powers to seize and hold as evi- dence such amount of any pack, load, consign- ment or shipment of fresh fruit packed in violation of this act, as may in his judgment be necessary to secure the conviction of the party he knows or believes has violated or is violating this act. Sec. 17 d. It shall be the duty of the district attorney of each and every county in the state to prosecute all persons charged with any vio- lation of this act. Sec. 18. It shall be lawful for any fresh fruit forwarding person, firm, corporation or organization and for any common carrier to decline to accept for shipment or transporta- tion and to decline to ship or transport any fresh fruits which upon inspection are found to be packed in violation of the provisions of this act, and any such fruit forwarder or com- mon carrier may reserve the right in any receipt, bill of lading or other writing given to the consignor, thereof, to reject for shipment and to return to such consignor or hold at the expense and risk of the latter, all fresh fruits HORTICULTURAL STATUTES. 81 which upon inspection are found to be packed in violation of the provisions of this act. Sec. 19. No person, firm, corporation, com-Viola- pany or organization shall pack or cause to be tion - packed for sale or shipment, or shall ship or sell or offer for sale fruit which, or the con- tainer or subcontainer in which, the same shall be contained, shall in any respect fail to com- ply with the requirements of this act. Any person, firm, corporation, company or organization who shall violate the provisions of this act shall be deemed to be guilty of a misdemeanor. Sec. 20. All laws in conflict with this act or any part thereof are hereby repealed only in so far as they may conflict with any of the provisions of this act. Sec. 21. If any section, subsection, sentence, Consti- clause, or phrase of this act is for any reason ^y 11 " held to be unconstitutional, such decision shall not affect the validity of the remaining por- tions of this act. The legislature hereby de- lares that it would have passed this act, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sen- tences, clauses or phrases be declared uncon- stitutional. 6—31789 82 HORTICULTURAL STATUTES. APPLE STANDARDIZATION LAW. An act to establish standards for the packing and marketing of apples, forbidding the sale of certain infected and diseased apples, pro- viding for its enforcement, -fixing penalties for its violation, and making an appropria- tion to carry into effect the provisions thereof, and repealing an act entitled "An act to establish a standard for the packing and marketing of apples, fixing penalties for the violation of its provisions, and providing for its enforcement and making an appro- priation to carry into effect the provisions hereof" approved June 10, 1915. [Approved May 7, 1917. In effect July 27, 1917.] The people of the State of California do enact as follows: Stand- Section 1. This act shall be known, and for ard 1 any and all purposes may be designated and act* referred to, as "The standard apple act of 1917." Stand- Sec. 2. The following standard grades are trades hereby established for apples, packed, shipped, delivered for shipment, offered for sale or sold, in the State of California, when contained in closed packages : Cali- (a) The "California Fancy" grade shall con- Fancy s * st °^ a PPl es °f well-grown, properly matured grade. specimens of one variety, hand-picked, with stems retained therein, well colored for the variety, uniform in size, well packed, and shall be free from insect pests, diseases, visible rot, visible dry rot, visible Baldwin spot, insect bites, bruises and other defects, except such bruises and defects as are necessarily caused in the operation of packing, and virtually free from dirt ; provided, however, that a variation from the said standard, as to insect pests, dis- eases, dry rot, Baldwin spot, insect bites, HORTICULTURAL STATUTES. 83 bruises and other defects, shall be allowed, not to exceed ten per cent total of such defects in any one package, nor to exceed three per cent of any one such defect ; and provided, further, that a variation in size of the apples shall be allowed, not to exceed three-eighths of one inch, as the same may be measured by the smallest diameter thereof. (b) The "B grade" shall consist of apples of " B '' well-grown, properly matured specimens of gra e ' one variety, hand-picked, uniform in size, well packed, free from insect pests, diseases, visible rot, visible dry rot, visible Baldwin spot, insect bites, sun scald and frost bite more than skin deep, and bruises resulting . in the breaking of the skin and virtually free from dirt ; pro- vided, however, that insect bites which have healed in the process of maturity of the apple, and slightly misshapen apples shall be per- mitted in this grade ; that a variation in size of the apples shall be allowed, not to exceed three- eighths of one inch, as the same may be measured by the smallest diameter thereof, and that a variation from the said standard, as to insect pests, diseases, dry rot, Baldwin spots, bruises and other defects, shall be allowed, not to exceed ten per cent total of such defects in any one package, nor to exceed three per cent of an}^ one such defect. (c) The "C grade" shall consist of apples "0" of properly matured specimens of one variety, grade - free from insect pests, visible rot, visible dry rot, visible Baldwin spots and diseases ; pro- vided, however, that a variation from said standard as to insect pests, dry rot, Baldwin spots and diseases, shall be allowed, not to exceed ten per cent total of such defects in any one package, nor to exceed three per cent of any one such defect. Sec. 3. Every closed package in which any state- apples are packed, shipped, delivered for ship- mei ^ on ment, offered for sale or sold, in the State ofj^. 84 HORTICULTURAL STATUTES. State- California, shall bear upon the outside thereof, f^ on and on the labeled or branded end, in plain box. words or figures and in the English language, the following : The grade of the apples therein contained, as herein defined, the designation of grade, when the stamps hereinafter provided for are not used, being stated in letters not smaller than thirty-six point type, that is, not less than one-half inch in height ; the number of apples contained in the package or the net weight of the apples contained therein; the variety of the apples contained in the package, unless the variety be unknown to the packer, in which case the variety shall be stated as unknown ; the name and business address of the person, firm, company, organization or cor- poration, who first packed or caused the same to be packed, and, if repacked, the name and address of the person, firm, company, organiza- tion or corporation who repacked the same or caused them to be repacked ; the date when such apples were first packed, or if repacked, the date of repacking; provided, however, that a variation of five apples, more or less, than the number stated, shall be allowed. Apples gj> c> 4 n person, firm, company, organiza- ^th tion or corporation, shall sell or offer for sale, standard within the State of California, any apples musUbe ^beled, designated, invoiced or represented to packed be, of "California Fancy" or "B" or "C" grade, in whether contained in closed packages or other- ance w i se > unless the same shall conform to the svith standard for such grade herein established ; act. provided, however, that nothing herein con- tained shall prevent the grading of Gravenstein apples as '"California Fancy," though the stems be not retained therein. Disposi- Sec. 5. No person, firm, company, organiza- diseased ^ on or corporation, shall import into this state, apples, or sell, barter, offer for sale or have in his possession for sale, any apples infected with any insect pest or the pupae or larvae thereof or HORTlCUIvTURAI, STATUTES. 85 any disease ; provided, however, that this sec- tion shall not be construed to prevent a grower of fruit so infected in the State of California from selling the same, as a part of his crop, in bulk, to a packer, or to prevent a grower or packer from manufacturing the same into an apple by-product, or from selling the same to the operator of a by-product factory for the purpose of such manufacture ; and provided, further, that the provisions of this section shall be construed to be limited by the variations allowed by the terms of section two of this act. Sec. 6. No statement, figure, design or de- state * vice, appearing upon any container in which ^ S X apples are sold, bartered, or offered for sale, must or in which apples are packed for sale or ship- n( ! tbe ment, or upon the brand or lining of any such leading, container, or upon the wrapper of any apple therein contained, or upon any sign or placard used in connection therewith and having refer- ence to the apples contained, shall be false or misleading, in any particular. The word "Fancy" shall not be used with reference to any apples the grade of which does not con- form to the standard for "California Fancy" as in this act defined. SEC. 7. The state commissioner of horticul- Powers ture of California shall be charged with the^^j enforcement of the provisions of this act, andcommis- for that purpose shall have power : sioner. (a) To enter and to inspect every place within the State of California where apples are produced, packed, shipped, delivered for ship- ment, offered for sale or sold, and to inspect such places and all apples and apple containers and equipment found in any such place. (b) To design, and cause to be printed or lithographed, suitable uniform stamps to be used on packages containing apples of the various grades, standards for which are estab- lished by the terms of this act, to sell the same HORTICULTURAL STATUTES. Powers of horti- cultural commis- sioner. as hereinafter provided, and to prescribe the method of canceling the same. (c) In accordance with the provisions of the civil service law of this state, to appoint, super- intend, control and discharge such chief in- spectors and subordinate inspectors as in his discretion may be deemed to be necessary, for the special purpose of enforcing the terms of this act, to prescribe their duties, and, in con- junction with the board of control, to fix their compensation, provided that no chief inspector shall be paid more than seven dollars per day and no subordinate inspector more than five dollars per day. (d) Personally, or through any deputy or any such inspector, to seize and retain posses- sion of, any apples or apple boxes packed, shipped, delivered for shipment, offered for sale or sold, in violation of any of the pro- visions of this act. (e) In the name of the people of the State of California to cause to be instituted and to prosecute, in the superior court of any county or city and county of the State of California, in which apples packed, shipped, delivered for shipment, offered for sale or sold, in violation of any of the provisions of this act, may be found, an action or actions for the condemna- tion of apples as provided in section thirteen of this act. Sec 8. The stamps designed and provided by the state commissioner of horticulture of California, as provided by section seven of this act, by him shall be placed on sale and sold to any person who may apply therefor, at the price of one-half cent each. All moneys re- ceived by him from the sale of such stamps shall be paid over to the treasurer of the State of California, who shall deposit the same to the credit of a fund to be used exclusively for the payment of the expenses of enforcing the HORTICULTURAL STATUTES. 87 provisions of this act, and to be paid out only upon claims approved by the state commis- sioner of horticulture of California and by the board of control. Sec. 9. The inspectors appointed by thelnspec- state commissioner of horticulture of Cali- tors ' fornia, as in section seven hereof provided, shall be citizens of the United States, and of the State of California, not less than twenty- one years of age, shall be skilled in the inspec- tion of apples, and have a thorough knowledge of insect pests and diseases commonly preying upon such fruit ; they shall have power to enter and to inspect every place within the State of California where apples are produced, packed, shipped, delivered for shipment, offered for sale or sold, and to inspect all such places and apples and apple containers, found in airy such place ; and shall perform such other duties as may be prescribed by the state commissioner of horticulture of California, or by law. The said commissioner shall assign such in- spectors to such territory, within the state, as he may see fit ; provided, that when the stamps purchased for any year by packers in any town, city or district, shall yield a sum of money sufficient to pa}- the expense thereof, such com- missioner shall assign one inspector or more for special duty in such town, city or district, during the packing season of that year, or for a longer period, if deemed to be necessary; and provided, further, that in the discretion of said horticultural commissioner, he may refuse to permit inspection of fruit at the place where same is being packed if packed by any person, firm, company, organization or corporation who shall not make use of the stamps hereinabove provided for upon the packages of ''California Fancy," "B" and "C" grade apples packed by him or it. 88 HORTICULTURAL STATUTES. Re- Sec. 10. No container to or on which is at- tacking tacked an y S uch stamp or on which shall appear apples in the designation of grade as "California Fancy," Mdcon " B " & rade or " C " S rade > sha11 be used as the taiiers." container of any apples, other than those orig- inally packed therein, until such stamp or grade designation has been removed ; provided, that when apples are repacked, without the addition of new stock, other than stock of the same grade and from the same lot of which the . package or packages repacked is or are a part, the same containers may be used without re- moving the stamps or grade designations. Inspec- g£ C> ii. No person, firm, company, organi- author- zation or corporation, shall refuse to permit ized. the state commissioner of horticulture of Cali- fornia, or any of his duly appointed deputies, or any inspector duly appointed by said com- missioner under the provisions of this act, to enter or to inspect any place within the State of California where apples are produced, packed, shipped, delivered for shipment, offered for sale or sold, or to inspect such places, or any apples or apple containers or any equip- ment found there. Penalty. Sec. 12. Any person, firm, company, organi- zation or corporation, who shall violate any of the provisions of this act shall be punishable by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Offering Sec. 13. Any apples packed, shipped, de- vi^+L 1 ,? livered for shipment, offered for sale or sold, violation . . ■ , *; ' . , .. ... of act. in violation of any of the provisions of this act, and the containers in which they may be, shall be deemed to be a public nuisance, may be seized by said commissioner of horticulture, or his deputy, or by any inspector appointed under the provisions of this act, or by any county horticultural commissioner or his HORTICULTURAL STATUTES. 89 deputy, and by order of the superior court of the county or city and county within which the same may be found, shall be condemned and destroyed or released upon such conditons as the court in its discretion may impose to in- sure that they will not be packed, shipped, de- livered for shipment, offered for sale or sold in violation of any of the provisions of this act. Sec. 14. No person, firm, company, organi- Guaran- zation or corporation, shall be convicted of a tee of violation of any provision of this act, if he£"™ ph " shall establish a guaranty, signed by the per- with son, firm, company, organization, or corpora- act - tion, residing or lawfully engaged in business in the State of California, by or for whom the apples in question were originally packed, or repacked, to the effect that the apples, con- tainer, brand and label in question comply in all respects with the provisions of this act, and in addition, shall establish that the same are in substantially the same condition, in every respect, as they were when they were delivered out of the possession of such packer, and that the accused was not aware that such apples, container, brand or label, were or was in any respect in violation of any provision of this act. The signature to such guaranty may be printed, when done by the authority of the signer.. To afford protection, such guaranty, in form and substance, must be substantially as follows : "The undersigned guarantees that (this box Formof or other package of apples or the boxes orf" e aran " other packages of apples mentioned in this, or the attached invoice, or all boxes or other packages of apples packed or repacked by the undersigned), comply, in all respects with the standard apple act of 1917. (Signature of the packer, with statement as to whether packer is firm, company, organization or corporation and business address.)" 90 HORTICULTURAL STATUTES. Where the guaranty is used on each separate box, it may consist of the legend, "guaranteed by the packer, under the standard apple act of 1917," printed, stamped or written on the labeled or branded end of the package. d"tric°t SEC. 15. It shall be the duty of the district attor- C attorney of the county, or city and county, in ney. which any violation of this act may occur, to prosecute the person, firm, company, organiza- tion or corporation accused of such violation, and also, at the request of the state commis- sioner of horticulture, or any one of his depu- ties, to institute and prosecute such actions for condemnation as may be authorized under the provisions of this act. ^lawful § EC 16 No act which is made unlawful by ma( j e any provision of an act of the legislature of the lawful. State of California, entitled, "An act for pre- venting the manufacture, sale or transportation of adulterated, mislabeled or misbranded foods and liquors and regulating the traffic therein, providing penalties, establishing a state labora- tory for foods, liquors and drugs and making an appropriation therefor," approved March 11, 1907, or any amendment thereto, shall be deemed lawful by reason of any provision of this act ; nor shall this act be construed in any respect to limit the powers of the state board of health. Appro- Sec. 17. The sum of five thousand dollars priation. ($5,000) is hereby appropriated out of any money in the state treasury, not otherwise appropriated for the payment of the cost of printing, lithographing, stationery, stamps, clerical assistance, traveling expenses and salaries of inspectors and office rentals, in- curred by the state commissioner of horticul- ture in the enforcement of this act during the fiscal years commencing July 1, 1917, and July 1, 1918, respectively. The state controller is hereby authorized to draw his warrants for HORTICULTURAL STATUTES. 91 the sum herein appropriated in favor of said commissioner and the state treasurer is hereby- directed to pay the same. Sec. 18. If any section, subsection, sentence, Consti- clause or phrase of this act is for any reason t ^. i ° n " held to be unconstitutional such decision shall not affect the validity of the remaining por- tions of this act. The legislature hereby de- clares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared un- constitutional. Sec 19. An act entitled "An act to estab- lish a standard for the packing and marketing of apples, fixing penalties for the violation of its provisions, and providing for its enforce- ment and making an appropriation to carry into effect the provisions hereof," approved June 10, 1915, is hereby repealed. CERTIFIED SEED POTATO LAW. An act to establish a standard for California certified seed potatoes and to prevent the sale of other potatoes as California certified seed potatoes, making the violation of this act a misdemeanor and fixing a penalty therefor. [Approved May 24, 1915.] The people of the State of California do enact as follows: Section 1. No potatoes shall be sold in the State of California as California certified seed potatoes except those which have been in- 92 HORTICULTURAL STATUTES. spected and certified to in accordance with the following requirements : Inspec- ( a ) fhg growing potato crop shall be in- potato spected by an inspector who shall be appointed crops. in accordance with the provisions of section three once during the blooming period of the plants and again as the plants begin to mature, but before forty per cent of the plants are dead. A third inspection shall be made after the crop has been harvested and graded. fields 111 W P° tat0 fields showing a mixture of disquali- more than two hundred and fifty hills per acre fied. with any other variety or varieties, or showing more than five hundred weak hills, or more than fifty hills affected with blackleg (Bacillus phytophthorus Appel) shall be disqualified for certification, unless such mixed and weak or diseased hills shall be removed from the fields at this time under the supervision of the in- spector. Certain (c) At the time of the second inspection the ^ ops ' inspector shall dig, or cause to be dug under second his supervision, and weigh at least one hundred inspec- hi\\s per acre, and if five per cent of the hills disq'uali- so dug shall each weigh less than thirty per fied. cent of the weight of an average hill, the crop shall be disqualified for certification. Keq ^ re " (d) After the crop has been graded it shall after be inspected and shall meet the following re- crop is quirements : graded. /-p^ se i ec ted potatoes after being graded shall be free from any infestation of eelworms (Heterodera radiciola), larva of tuber moth (Phthorimoea operculella Zeller), or infection of wart disease (Synchitrium endobioticum Perc), or powdery scab (Spongospora solani Brunch.), and shall be practically free from net necrosis or infection of late blight (Phytoph- thora infestans De By.). They shall be in the judgment of the inspector free from serious infection of scab (Oospora scabies Thax.) or Rhizoctonia, with not over five per cent light HORTICULTURAL STATUTES. 93 infection of scab (Oospora scabies Thax.) or ten per cent light infection of Rhizoctonia. They shall not contain more than eight per cent light infection of wilt diseases (Fusarium oxysporum or Verticillium alboatrum Reink. and Berth.), and not over two per cent of deep infection of wilt {Fusarium oxysporum or Verticillium alboatrum Reink. and Berth.). The}^ shall also be free from any mixture of colors or distinct types, and shall be reasonably sound and free from cuts or bruises or second growth, and shall conform in shape to the varietal type. Not over five per cent of the tubers shall weigh less than one and three- fourths ounces and not over five per cent shall weigh more than twelve ounces. Sec. 2. The owner of potatoes which meetCertifl- the requirements as stated in section one of cat ^ for this act shall be given by the inspector at the po t a toes time of making the last inspection a certificate meeting stating that such potatoes have been inspected ^g"^ 6 " by him in accordance with the provisions of this act and that they meet all the requirements as California certified seed potatoes. All po- tatoes sold as California certified seed potatoes shall bear on the package or container the certificate of inspection, which shall state the net weight of contents at time of packing, the date of inspection, and the date of packing. The inspector shall determine the weight of the potatoes which have passed inspection and are eligible for certification and shall only issue to the grower, sufficient certificates to label this amount of seed. Sec. 3. The matter of inspection shall be in inspec- charge of the state commissioner of horticul- ^ ^ ture, and the cost of inspection shall be borne G Qi w&i by the grower of the potatoes inspected. commis- Sec. 4. Any one who shall violate any of ^ i0 °? r of the provisions of this act shall upon conviction culture, be deemed guilty of a misdemeanor, and shall be punished as provided in section nineteen of the Penal Code. 94 HORTICULTURAL, STATUTES. DATE PALM LAW. An act to regulate the distribution of date palms and date palm offshoots and to hold the same in quarantine under the supervision of the state commissioner of horticulture until they are free from Marlatt scale (Phoenicococcus marlatti) and Blanchard scale (Parlatoria blanchardii) when intro- duced from, or grown in, any infested locality within this state or from other states, or if of foreign introduction, after they have been released by the. federal horticultural board, and to fix a penalty for violation of this act. [Approved April 2, 1915.] The people of the State of California do enact as follows: Planting Section 1. It shall be unlawful for any per- ° f f a son ' or P ersons > their agent or agents, employee date 6 or employees, possessing or owning date palms palms or date palm offshoots, or who may introduce £!£: , palms from any region of this state, or any other state, or from foreign countries after they have been released by federal authorities, which are infested with either of the two scales (Phoenicococcus marlatti) and (Parla- toria blanchardii), to place or plant the same except under the supervision and direction of the state quarantine guardian of the county where the said date palms or date palm off- shoots have been introduced. Unlawful Skc. 2. It shall also be unlawful for any person, or persons, their agent or agents, em- ployee, or employees, to move any date palms or date palm offshoots after the same have been planted until permission is granted by the aforesaid state quarantine guardian, or until inspection has shown that the said date palms or date palm offshoots are entirely clean of the Marlatt scale (Phoenicococcus marlatti}, and the Blanchard scale (Parlatoria blanchardii), to remove palms. HORTICULTURAL STATUTES. 95 which fact shall be ascertained by the aforesaid state quarantine guardian, when he may con- sent to the removal, either to an infested dis- trict or to an uninfested district. SEC. 3. Any one who shall violate any of Penalty ' the provisions of this act shall upon conviction be deemed guilty of a misdemeanor. ACT RELATING TO THE PACKING AND SALE OF RAISINS. An act to prevent deception in the manufac- ture, packing and sale of raisins, and pro- viding a penalty for the violation thereof. [Approved May 4, 1915. In effect September 1, 1916.] The people of the State of California do enact as follows: es Section 1. It shall be unlawful for any per- Package son, firm or corporation to sell, offer for sale, ^sins expose for sale, or have in his possession with to intent to sell, any box, package or carton con- indicate taining seeded raisins, which box, package or^'g^pe carton shall have indicated thereon the fact from that the same does contain raisins, unless it wh M^ shall in addition to such indication have plainly and conspicuously marked thereon the variety of grape from which the raisins contained in such box, package or carton are manufactured or produced. Sec. 2. Any person who shall violate any of Viola- the provisions of this act shall be guilty of a tion - misdemeanor, and upon conviction shall be punished by a fine of not more than two hun- penalty, dred dollars, or by imprisonment in the county jail for not more than sixty days, or by both such fine and imprisonment. Sec. 3. This act shall take effect Septem- ber 1. 1916. 96 HORTICULTURAL STATUTES. JOHNSON GRASS. This law on Johnson grass is now effectively opera- tive only in counties where there is no county board of horticultural commissioners or .where there is no county horticultural commissioner. An act to prevent the propagation by the pro- duction of seed, of that certain plant known as Sorghum halepense, otherzvise known as Johnson grass. [Approved March 20, 1903. Amended March 22, 1907.] Unlawful Section 1. It shall be unlawful for any per- ^ .. son owning, controlling, leasing, or possessing noxious land in the State of California, to knowingly weeds to permit that certain grass known as Sorghum mature. f ia l e p enS e, otherwise known as Johnson grass, Cnicus arvensis, otherwise known as Canadian thistle, Salsoli kali, otherwise known as Russian thistle, Onopordon acanthium, otherwise known as Scotch thistle, and Cnicus lanceolaius. otherwise known as bull thistle, to mature and disseminate its seed on land so owned, leased or possessed by such person. Seed S£ C- 2. It shall be unlawful for any person nofbe knowingly to sow or disseminate, or cause to sown on be sown or disseminated, any seed of Sorghum lands, halepense, otherwise known as Johnson grass, Cnicus arvensis, otherwise known as Canadian thistle, Salsoli kali, otherwise known as Rus- sian thistle, Onopordon acanthium, otherwise known as Scotch thistle, and Cnicus lanceo- latus, otherwise known as bull thistle, upon any land owned or possessed by another. Same, as Sec. 3. It shall be unlawful for any person w°ays t0 knowingly sow, disseminate, or cause or and permit to be disseminated any seed of Sor- ditches. gj ium halepense, otherwise known as Johnson grass, Cnicus arvensis, otherwise known as Canadian thistle, Salsoli kali, otherwise known as Russian thistle, Onopordon acanthium, otherwise known as Scotch thistle, and Cnicus lanceolatus, otherwise known as bull thistle, HORTICULTURAL STATUTES. 97 over or along any roadway, highway, or right of way for ditch purposes, adjacent to prem- ises owned or possessed by him. SEC. 4. Any person upon being duly con- Penalty. victed of a violation of any of the preceding sections of this act, shall be guilty of a- mis- demeanor, and may be fined in a sum not ex- ceeding one hundred dollars, or by imprison- ment in the county jail, for a term not exceed- ing three months. (Section 4 of the amendment approved March 22, 1907, reads : "All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.") Sec. 5. This act shall take effect and be in force from and after its passage. INSECTICIDE AND FUNGICIDE LAW. [Approved May 1, 1911.] Section 1. That it shall be unlawful foruniaw- any person to manufacture within this state ful to any insecticide, paris green, lead arsenic, or 15^?"" fungicide which is adulterated or misbranded a dul- within the meaning of this act ; and any per- terated son who shall violate any of the provisions of ^f^ 1 ' this section shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined not Penalty, to exceed two hundred dollars for the first offense, and upon conviction for each subse- quent offense be fined not to exceed three hun- dred dollars, or sentenced to imprisonment for not to exceed one year, or both such fine and imprisonment, in the discretion of the court. pj nes Said fines and those specified in section 2 of paid this act to be paid into the school fund of the in *° . county in which conviction is had. fund. Sec. 2. Any person who shall offer to de- uniaw- liver to any other person or any person who |^ t0 shall sell or offer for sale in this state any adui- such adulterated or misbranded insecticide or ^^. paris green or lead arsenate or fungicide cide. 7—31789 98 HORTICULTURAL STATUTES. Penalty for sale of adul- terated insecti- cide. Article for export. Exami- nation of speci- mens. which is adulterated or misbranded within the meaning of this act, or export or offer to ex- port the same to any foreign country shall be guilty of a misdemeanor, and for such offense be fined not exceeding two hundred dollars for the first offense, and upon conviction for each subsequent offense not exceeding three hundred dollars, or to be imprisoned not ex- ceeding one year, or both, in the discretion of the court ; provided, that no article shall be deemed misbranded or adulterated within the provisions of this act when intended for ex- port to any foreign country and prepared or packed, according to the specifications or direc- tions of the foreign purchaser ; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the provisions of this act. Sec. 3. The examination of specimens of insecticides, paris greens, lead arsenates and fungicides shall be made by the director of the agricultural experiment station of the Uni- versity of California, in person or by deputy, for the purpose of determining from such ex- amination whether such articles are adul- terated or misbranded within the meaning of this act; and if it shall appear from any such examination that any of such specimens are adulterated or misbranded within the meaning of this act, the said director shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so noti- fied shall be given an opportunity to be heard under the rules and regulations adopted by the United States government for the enforcement of the national insecticide act of 1910, and if it appears that any of the provisions of this act have been violated by such party, then the said director shall at once certify the facts to the proper district attorney, with a copy of the results of the analysis or the examination of HORTICUI/TURAI, STATUTES. 99 such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. After judgment of the court, notice shall be given by publication in such manner as the said director may deter- mine. Sec. 4. That it shall be the duty of each Duty of district attorne3^ to whom the said director ^^_ ct shall report any violation of this act or pre- n eyto sent satisfactory evidences of any such viola- prose- tion, to cause appropriate proceedings to be ' commenced and prosecuted in the proper courts of the State of California without de- lay, for the enforcement of the penalties as in such case herein provided. SEC. 5. In any action, civil or criminal, in Evidence any court in this state, a certificate, under the^™?| r hand of said director, and the seal of said university, stating the results of any analysis purporting to have been made under the pro- visions of this act, shall be prima facie evi- dence of the fact that the sample or samples mentioned in said analysis or certificate were properly analyzed as in this act provided ; that the substances analyzed contained the com- ponent parts stated in such certificate and analysis ; and that the samples were taken from the parcels or packages or lots men- tioned or described in said certificate. Sec. 6. That the term "insecticide" as used Defini- in this act shall include anv substance or mix- £ ons: r 7 lliSGC'" ture of substances intended to be used for pre- tk-ide." venting, destroying, repelling or mitigating any insects which may infest vegetation, man or other animals, or households, or be present in any environment whatsoever. The term "paris "Paris green" as used in this act shall include the * reen -" product sold in commerce as paris green and chemically known as the aceto-arsenite of cop- per. The term "lead arsenate" as used in this "Lead act shall include the product or products sold ^ e "" in commerce as lead arsenate and consisting 100 HORTICULTURAL STATUTES. "Fungi- cide." Adul- terated paris green. Adul- terated lead arsenate. Other insecti- cides. chemically of products derived from arsenic acid (H 3 As0.i) by replacing one or more hy- drogen atoms by lead. That the. term "fungi- cide" as used in this act shall include any sub- stance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any and all fungi that may infest vegetation or be present in any environment whatsoever. Sec. 7. That for the purpose of this act an article shall be deemed to be adulterated — In the case of paris green : First, if it does not contain at least fifty per centum of arsen- ious oxide ; second, if it contains arsenic in water-soluble forms equivalent to more than three and one-half per centum of arsenious oxide ; third, if any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. In the case of lead arsenate: First, if it contains more than fifty per centum of water ; second, if it contains total arsenic equivalent to less than twelve and one-half per centum of arsenic oxide (AS2O5) ; third, if it contains arsenic in water-soluble forms equivalent to more than seventy-five one-hundredths per centum of arsenic oxide (As 2 5 ) ; fourth, if any substances have been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength ; provided, how- ever, that extra water may be added to lead arsenate (as described in this paragraph) if the resulting mixture is labeled lead arsenate- and water, the percentage of extra water being plainly and correctly stated on the label. In the case of insecticides or fungicides, other than paris green and lead arsenate : First, if its strength or purity fall below the professed standard or quality under which it is sold ; second, if any substance has been sub- stituted wholly or in part for the article ; third, if any valuable constitutent of the article has HORTICUI/TURAI, STATUTES. 101 been wholly or in part abstracted ; fourth, if it is intended for use on vegetation and shall contain any substance or substances which, although preventing, destroying, repelling, or mitigating insects, shall be injurious to such vegetation when used. SEC. 8. That the term "misbranded" asj^Jk; used herein shall apply to all insecticides, ef j» paris greens, lead arsenates, or fungicides or defined, articles which enter into the composition of in- secticides or fungicides, the package or label of which shall bear any statement, design or device regarding such article or the ingredi- ents or substances contained therein which shall be false or misleading in any particular, and to all insecticides, paris greens, lead ar- senates, or fungicides which are falsely branded as to the state, territory, or country in which they are manufactured or produced. That for the purpose of this act an article shall be deemed to be misbranded — In the case of insecticides, paris greens, leadMis- arsenates, and fungicides : First, if it be an branded imitation or offered for sale under the name ^g 1_ of another article ; second, if it be labeled or branded so as to deceive or mislead the pur- chaser, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package ; third, if in pack- age form, and the contents are stated in terms of weight or measure they are not plainly and correctly stated on the outside of the package. In the case of insecticides (other than paris others greens and lead arsenates) and fungicides : paris First, if it contains arsenic in any of its com- green, binations or in the elemental form and the etc - total amount of arsenic present (expressed as per centum of metallic arsenic) is not stated on the label ; second, if it contains arsenic in any of its combinations or in the elemental 102 HORTICULTURAL STATUTES. branded ^ orm and the amount of arsenic in water- insecti- soluble forms (expressed as per centum of cides metallic arsenic) is not stated on the label; than" third, if it consists partially or completely of pans an inert substance or substances which do not green, prevent, destroy, repel or mitigate insects or fungi and does not have the names and per- centage amounts of each and every one of such inert ingredients plainly and correctly stated on the label ; provided, however, that in lieu of naming and stating the percentage amount of each and every inert ingredient the producer may at his discretion state plainly upon the label the correct names and per- centage amounts of each and every ingredient of the insecticide or fungicide having insecti- cidal or fungicidal properties, and make no mention of the inert ingredients, except in so far as to state the total percentage of inert ingredients present. ?ou e o Sec - 9 - That . no dealer sha11 be Prosecuted be under the provisions of this act when he can prose- establish a guaranty signed by the wholesaler, when he Jobber, manufacturer, or other party from can show whom he purchased such articles, to the effect whole- that the same is not adulterated or misbranded guar- S within the meaning of this act, designating it. anty. Said guaranty to afford protection shall con- tain the name and address of the party or parties making the sale of such articles to such dealer, and an itemized statement showing the articles purchased ; or a general guaranty may be filed with the secretary of the United States department of agriculture by the manufac- turer, wholesaler, jobber or other party in the United States and be given a serial number, which number shall appear on every package of insecticide or fungicide sold under such guaranty with the words "guaranteed by" (the name of the guarantor) under the insecticide act of 1910; and in such case said party or parties shall be amenable to the prosecutions, HORTICULTURAL STATUTES. 103 fines, and other penalties which would attach in due course to the dealer under the pro- visions of this act. Sec. 10. That the word "person" as used in,3»" this act shall be construed to mean both the defined, plural and the singular, as the case demands, and shall include corporations, companies, so- cieties and associations. When construing and Act of enforcing the provisions of this act, the act, agent omission or failure of any officer, agent, or J^ other person acting for or employed by any corpora- corporation, company, society or association, tion - 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 other person. Sec. 11. Every lot, parcel, or package of Condi- commercial insecticides or fungicides or ma- * ions terials to be used for fungicidal or insecticidal j ng sa i e> purposes, sold, offered, or exposed for sale, within this state, shall be accompanied by a plainly printed label, stating the name, brand, and trade-mark, if any there be, under which the insecticide or fungicide is sold, the name and address of the manufacturer, importer, or dealer, the place of manufacture, and a chem- ical analysis, stating the percentages claimed to be therein, of the substance or substances alleged to have insecticidal properties, specify- ing the form or forms in which each is pres- ent, and the materials from which all con- stituents of the insecticides are derived. All analyses of substances for which methods have been agreed upon by the American Association of Official Agricultural Chemists, are to be made by such official methods. In the case of those insecticides the selling price of which is less than one-half cent per pound, said label need only give a correct general statement of the nature and composition of the insecticide it accompanies. 104 HORTICULTURAL STATUTES. Manu- Sec. 12. The manufacturer, importer, agent selling 6 ^ °f> or dealer in any commercial insecticide, or insecti- materials used for insecticidal purposes, the cide at se lHng price of which to the consumer is not not less l ess than one-half cent (^2 cent) per pound, than one shall, before the same is offered for sale, ob- halfcent ta j n a certificate of registration from the sec- D6r . pound to retary of the board of regents of the University register, of California, countersigned by the said uni- versity, authorizing the sale of insecticides in this state, and shall securely fix to each lot, parcel, or package of insecticide the word "registered" witlr the number of registry. The manufacturer, importer, agent, or dealer obtaining such registry shall pay to the said secretary the sum of one dollar ($1.00), to be applied as provided in section 18 of this act; such registration shall expire on the thirtieth day of June of the fiscal year for which it was given ; provided, the provisions of this section shall not apply to any agent whose principals shall have obtained a certificate of registration as herein provided. Every such manufacturer, importer, agent, or dealer, who makes or sells, or offers for sale, any such substances, under a name or brand, shall file, on or before the first day of July, in each year, a statement, under oath, with the director of the agricul- tural experiment station of the University of California, stating such name or brand, and stating the component parts, in accordance with the provisions of section 11 of this act, of the substances to be sold or offered for sale, or manufactured under each such name or brand. Analyses Sec. 13. The said director shall annually, of on or before the first day of September, take samp e . sam pj es j n accordance with the provisions of section 14 hereof, of the substance made, sold, or offered for sale, under every such name or brand, and cause analyses to be made thereof in accordance with the provisions of section 11 HORTICULTURAL STATUTES. 105 hereof, and said analyses may include such Analyses other determinations as said director may at samples any time deem advisable. Dealers in or manu- facturers of insecticides must give free access to the director of the agricultural experiment station, or his duly authorized deputy, to all the materials which they may place on the market for sale in California. Whenever the analysis certified by the said director shall show a deficiency of not more than five per cent of the substance alleged to have insecti- cidal properties, the statement of the manufac- turer or importer, as required in section 11 of this act, shall not be deemed to be false in the meaning of this act ; provided, that this act shall not apply to sales of insecticidal materials made to a registered manufacturer of insecti- cides or to sales for export outside of this state ; provided, further, that the said director of the agricultural experiment station of the University of California shall, upon the receipt of a sample of insecticide, accompanied with a nominal fee of one dollar furnish to the user of said commercial insecticide such examina- tion or analysis of the sample as will substan- tially establish the conformity or noncon- formity of the said insecticide to the guarantee under which it was sold. Sec. 14. The director of the agricultural Taking experiment station of the University of Cali- of , fornia, in person or by deputy, is hereby authorized to take a sample, not exceeding two pounds in weight for analysis by the said director or his deputies, from any lot, parcel or package of insecticide or fungicide, or ma- terial, or mixture of materials used for insecti- cidal or fungicidal purposes, which may be in the possession of any manufacturer, importer, agent or dealer ; but said sample shall be drawn in the presence of said party or parties ■in interest, or their representatives. In lots 106 HORTICULTURAL STATUTES. Taking of samples. Publica- tion of results of analyses. Appro- priation. Tersons who may not be inter- ested in sale, etc. of five tons or less, samples shall be drawn from at least ten packages, or, if less than ten packages are present, all shall be samples; in lots of over five tons, not less than twenty pack- ages shall be sampled. The samples so drawn shall be thoroughly mixed, and from it two equal samples shall be drawn and placed in glass vessels, carefully sealed, and a label placed on each, stating the name or brand of the insecti- cide or material sampled, the name of the party from whose stock the sample was drawn, and the time and place of drawing; and said label shall also be signed by the said director or his deputy making such inspection, and by the party or parties in interest, or their repre- sentatives present at the drawing and sealing of said samples. One of said duplicate samples shall be retained by the party whose stock was sampled, and the other by the director of the agricultural experiment station of the Uni- versity of California. Sec 15. The director of the agricultural experiment station of the University of Cali- fornia shall publish in bulletin form, from time to time, at least annually, the results of the analyses, hereinbefore provided with such additional information as circumstances may advise. Sec. 16. There is hereby provided for carrying out the purposes of this act, out of any moneys in the state treasury not otherwise appropriated, the sum of five thousand dollars for each fiscal year hereafter, beginning with the first day of July, 1911. Sec. 17. All persons charged with the en- forcement or execution of any of the pro- visions of this act shall not directly or indi- rectly be interested in the sale, manufacture or distribution of any insecticide or fungicide affected by this act. HORTICULTURAL STATUTES. 107 Sec. 18. All moneys, whether received from Disposi- registry and analytical fees or special license ^ ° fees shall be paid to the secretary of the board of regents of the University of California for the use of said board in carrying out the pro- visions of this act. Sec. 19. An act to prevent fraud in the sale Re- of paris green used as an insecticide, chap- pealed * ter LIU, page 69, Statutes of 1901, is hereby repealed. Sec. 20. This act shall take effect and be in force from and after July 1, 1911. PROPER NAMING OF NURSERY STOCK. An act to provide for the proper naming of trees, seeds, plants, and vines, sold, offered, or exposed for sale in this state and pro- viding a penalty for the violation of this act. [Approved March 3, 1905.] The people of the State of California, repre- sented in senate and assembly, do enact as follows: Section 1. All trees, seeds, plants and Nursery vines, sold, offered or exposed for sale in the^jf be State of California shall be properly named as true to to variety and kind, and any person knowingly name, selling, trading, or exchanging, or offering or exposing for sale any trees, seeds, plants or vines falsely named as to variety and kind shall be guilty of a misdemeanor, and shall be liable to a fine of not less than ten dollars, nor more than three hundred dollars. 108 HORTICULTURAL STATUTES. Selling trees under false name pro- hibited. Penalty. Prosecu- tions. AGAINST SELLING TREES UNDER FALSE NAME. An act prohibiting the sale of any fruit tree or fruit trees of a certain kind, variety or de- scription and the delivery thereafter with the intent to deceive to the purchaser of a fruit tree or fruit trees of a different kind, variety or description, and providing penal- ties for the violation thereof, and prescribing the time within zuhich prosecutions under this act may be commenced. [Approved March 15, 1907.] Section 1. It shall be unlawful for any person, persons, firm or corporation, acting either as principal or agent, to sell, to any person, persons, firm or corporation any fruit tree or fruit trees representing same to be of a certain kind, variety, and description and thereafter to deliver to such purchaser in fill- ing such order and in completing such sale a fruit tree or fruit trees of a different kind, variety or description than the kind, variety or description of such fruit tree or fruit trees so ordered and sold. .Sec. 2. Any person violating any provisions of this act shall be deemed guilty of a misde- meanor and upon conviction shall be fined in a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for not less than twenty days or more than six months, or by both fine and imprisonment. Sec. 3. Prosecutions under this act may be commenced at any time within seven years from the time of the delivery of such fruit tree or fruit trees mentioned in section one. Sec. 4. This act shall take effect and be in force from and after its passage. HORTICULTURAL OFFICERS. 109 OFFICERS CALIFORNIA STATE COM- MISSION OF HORTICULTURE. EXECUTIVE OFFICE. Capitol Building, Sacramento. G. H. HeckE Commissioner Geo. P. Weldon Deputy Commissioner H. S. Maddox Secretary R. P. CundiFE Field Deputy A. S. Hoyt Field Deputy Miss Maude Hiett Clerk O. W. Newman Assistant Secretary Mrs. Kathleen W. Brown- Stenographer Miss Annette Maddox Office Assistant INSECTARY DIVISION. Capitol Park, Sacramento. Harry S. Smith Superintendent E. J. VoseER Entomological Explorer Harold Compere Assistant Mrs. E. Stephens Stenographer Branch Insectary. 827 North Olive St., Alhambra. C. P. Clausen Assistant Superintendent E. J. Branigan _^ Field Deputy QUARANTINE DIVISION. San Francisco Office: Room 11, Ferry Building. Frederick Maskew Chief Deputy Quarantine Officer Geo. Compere Deputy Quarantine Officer B. B. Whitney Quarantine Inspector L- A. Whitney Quarantine Inspector Archie ChatterlEy Quarantine Inspector Stewart ChatterlEy Quarantine Inspector Miss Clare Dutton Stenographer and Clerk Los Angeles Office: Room 324, Union League Building. LEE A. Strong Deputy Quarantine Officer C. H. Vary _ Quarantine Inspector A. C. FlEury Quarantine Inspector Miss Caroline M. Deep Clerk and Typist San Diego Office: Court House. H. V. M. Hall Quarantine Inspector 110 HORTICULTURAL OFFICERS- STATE BOARD OF HORTICULTURAL EXAMINERS. G. H. Hecke (State Commissioner of Horticulture) Chairman Thos. F. Hunt (Dean, College of Agriculture, Berkeley) Harry S. Smith (Superintendent State Insectary, Sacramento) Secretary COUNTY HORTICULTURAL COMMIS- SIONERS AND INSPECTORS.* ALAMEDA. Commissioner : Seulberger, Fred 418 14th st., Oakland Deputy Commissioner: Macdonald, D. P. T 717 Santa Ray St., Oakland Inspectors: Hunt, M. R. =, _Niles Petersen, Edlif : Hayward Tyson, W. H Niles BUTTE. Commissioner: Mills, Earle Oroville Deputy Commissioner: Stile, T. J.._ „ Chico Inspectors : Burleson. W. D Gridley Pense, W. M Paradise Reppert, B. F Thermalito Sargeant, R. S Biggs COLUSA. Commissioner: Boedefeld, L. R Colusa Inspectors: Fouch, Ira Williams Gilliam, F. B , Princeton Hall, Geo. Maxwell Peart, F. A College City CONTRA COSTA. Commissioner : Swett, Frank T __ Martinez Inspectors: Sellers, Geo. Oakley Stevens, V. G Walnut Creek EL DORADO. Commissioner: Hassler, J. E Placerville *Corrected to August 1, 1917. HORTICULTURAL OFFICERS. Ill FRESNO. Commissioner: Roullard, Fred P . Fresno Inspectors: Armstrong, James A. Selma Coleman, Grover E Fresno GLENN. Commissioner: Wren, C. Hugh Willows HUMBOLDT. Commissioner: Benton, John F Eureka Inspectors : Armstrong, Wm. r Eureka Etter, Fred J Ettersburg IMPERIAL. Commissioner: Waite, F. W El Centro Inspector: Stuart, R. W El Centro INYO. Commissioner: Nordyke, E- M Bishop KERN. Commissioner: Knowlton, Kent S Bakersfield Deputy Commissioner: Haupt, L. O , Bakersfield Inspectors : Buhn, Norman Bakersfield Brunton, C. H. Wasco Joos, Harry E .-. Inyokern Kanstein, L. J. - Tehachapi Schultz, Norman P Delano KINGS. Commissioner: Howard, Fred K Hanford LAKE. Commissioner: Stokes, Fred G '. Kelseyville LASSEN. Commissioner: Taylor, A. H Susanville Deputy Commissioner: Boggs, L. W , __. Susanville Inspectors : Matter, W. R _1 Brockman Montgomery, E. • • Adin 112 HORTlCUI/TURAIv OFFICERS. LOS ANGELES. Commissioner: Wood, William ____Hall of Records, L. A. Inspectors : Alderman, L. R._ 950 Aliso St., L. A. Bowles, B. R ._, San Fernando Chidester, A. M __446 S. Painter St., Whittier Dougherty, W. E Azusa Edouart, Percival E--446 W. Santa Barbara av., L. A. Ferguson, Frank : Duarte Fry, I. W. . Rivera Gary, A. T 200 W. 47th st., L. A. Helmstadter, Geo. A 1028 E. Adams St., L- A. Hodges, J. R Covina Hyans, Jos. R.. RFD 2, Whittier Johns, Wm. 316 W. Colorado blvd., Eagle Rock Kell, D = 161 W. 6th st., Claremont Landon, Wm. E San Dimas Langford, E. S RFD, box 313, Glendora Luxton, Wilbur F., 59 S. Wilson av., PO box 561, Station B., Pasadena. Marleau, John B 327 E. Pico St., L. A. Mashmeyer, J. W PO box 412, Pomona May, Louis E 195 S. Roosevelt st., Pasadena Mayet, L. H 1323 Gardner st., Hollywood Merlau, F. H , 636 W. 16th st., L. A. McMullin, W. G La Canada Montague, N. S ___122 E. 28th st., L. A. Phillipson, W. M 329 Lmwood st., Monrovia Rabe, Wm. Lancaster Rounds, Marvin B RFD 1, box 27, Monrovia Ryan, H. J. 789 Magnolia av., Pasadena Shepherd, M 2941 Raymond av., L. A. Smith, A. G 152 S. Lake av., Pasadena Spencer, S. L Covina Sweigart, M. W RFD 2, Whittier Thorndike, Jos. RFD 1, Pasadena Turner, Bruce 250 Cypress av., Pasadena MADERA. Commissioner: Marchbank, Geo. . Madera MARIN. Commissioner: Redmayne, Thos. P San Rafael MENDOCINO. Commissioner: Van Dyke, Claude Ukiah Inspectors: Brooks, S. E- Hopland Cotton, J. S. Fort Bragg Herbert, E. R —Albion Hughes, Nilas Ukiah Whitney, Frank Willits HORTICULTURAL OFFICERS. 113 MERCED. Commissioner: Beers, Arthur E. . Merced Inspectors: Hitchcock, J. L,. E Livingston Smith, Jesse ; Eos Banos MODOC. Commissioner: Briles, Thos. Davis Creek MONTEREY. Commissioner: Hickman, J. B Aromas Inspectors: Abbott, E. K. Monterey Sayler, J. B Pleyto Silliman, W. Pacific Grove Tylor, A. R King City NAPA. Commissioner: Butler, W. D Napa Inspectors: Gebbart, W. V Napa Gibbs, H. L Calistoga Spear, E. C St. Helena NEVADA. Commissioner: Norton, D. F. Grass Valley Inspectors: Beaser, P. M Chicago Park Perkins, George B Grass Valley Watters, Clarence . Nevada City ORANGE. Commissioner: Bishop, Roy K = Santa Ana Inspectors: Paddock, E. H Orange Pickering, M. J La Habra Quigley, F. J. Yorba Linda Schneider, J. J. Anaheim Wardell, Geo. Huntington Beach PLACER. Commissioner: Turner, C. K. Auburn Inspectors: Crook, E- W. Lincoln Day, J. J Loomis Grondona, C. Colfax 8—31789 114 HORTICULTURAL OFFICERS. RIVERSIDE. Commissioner: Sharp, D. D. Riverside Inspectors : Avak, G..M Blythe Babel, Frank West Riverside Boyer, Bruce S. ' Coachella Clendenen, H. Riverside Corlett, W. G Arlington Ellis, O. D __Hemet Ferguson, W. A Banning Knight, Hugh Riverside Mclntyre, Wm. Riverside Mills, Chas. Perris Craft, Claude Elsinore Smith, H. K. . San Jacinto Tuthill, E. G Corona Wilson, G. R _" Corona Wilson, R. L Beaumont SACRAMENTO. Commissioner: Kercheval, Howard G Court House, Sacramento Deputy Commissioner: Brosius, Fred C Sacramento Inspectors : Aiken, Jesse Sacramento Chase, Elmore Fair Oaks Davis, Owen Florin Gage, Stanley , Elk Grove SAN BENITO. Commissioner: Day, Leonard H Hollister SAN BERNARDINO. Commissioner: Coy, John P Court House, San Bernardino Inspectors: Bolser, S. J Rialto Donnelly, Charles Etiwanda Fletcher, F. A Victorville Fox, W. R Colton Hadley, Walter B Redlands Howell, Sam Chino Hundley, J. B Yucaipa Motsinger, Charles Cucamonga Paine, Charles T Crafton Perrin, Charles A Upland Roddick, Davis Highland Spies, H. A Ontario Taylor, A. S Redlands HORTICULTURAL OFFICERS. 115 SAN DIEGO. Commissioner: Armitage, H. M Court House, San Diego Inspectors: _ ., Dodd, T. V - ____Oceanside Evans, F. W Fscondido Gorton, G. R San Diego McLean, R. R San Diego SAN FRANCISCO. Commissioner: , Moulton, Dudley, Board of Supervisors, Clerk s Office, San Francisco. SAN JOAQUIN. Commissioner: Ladd, Harry H Court House, Stockton Inspectors: ,. Tubbs, R. C -— - Lodi Visher, D. — Stockton Welty, F. F Rl P° n SAN LUIS OBISPO. Commissioner: . Christierson, S. V. San Luis Obispo Inspectors: m _ ■ , , Henry, T. W Paso Robles Frazer', Lon P.— Atascadero Shutte, Wm. Templeton SAN MATEO. Commissioner: Peck, Newton San Mateo SANTA BARBARA. Commissioner: _ Beers C. W > Santa Barbara Inspectors: ■ _ , Bodie, Geo. N Santa Barbara Cooper, A. C._ Lompoc Olney, A. D Carpmteria Radford, B. _ Santa Barbara Ross, William Santa Barbara Wylie, R. C Santa Maria SANTA CLARA. Commissioner: Morris, Farl L San J ose Inspector: _, _ Currier, D. L San Jose HORTICULTURAL OFFICERS. SANTA CRUZ. Commissioner: Volck, W. H ^ Watsonville Inspectors: Hitchings, F. W Santa Cruz Hopkins, H. B Watsonville SHASTA, Commissioner: Lamiman, Geo. A. i. Anderson Inspector: Stroup, B. F ■_ Olinda SISKIYOU. Commissioner: Kleaver, W. L. ' Yreka SONOMA. Commissioner: Bremner, O. E Santa Rosa Inspectors: Dickson, J. B Petaluma Galloway, A. R Healdsburg Johnson, Thomas Glen Ellen Shelly, W. N Sebastopol Sutherland, R. L Santa Rosa STANISLAUS. Commissioner: Rutherford, A. L. Modesto Inspectors: Gray, F. C Newman Steward, C. E Ceres Wheeler, W. F Oakdale SUTTER. Commissioner: Stabler, H. P , Yuba City TEHAMA. Commissioner: Weeks, Chas. B . Red Bluff Inspector: Flourney, G. H . Corning TULARE. Commissioner: Collins, Chas. F Visalia Inspectors: Baird, W. P. Dinuba (Inspects shipments also at Cutler, Seville and Sultana.) Brann, Frank R. Lindsay Clark, Burt Goshen Doyle, C. H ; Porterville (Inspects shipments also at Strathmore.) HORTICULTURAL OFFICERS. Dungan, J. S. Lemon Cove Haire, Harry Angiola Klindera, F. J Tipton Lawson, T. T Tulare Marr, R. W Pixley Miller, H. S Richgrove Mitchell, M. : Ducor Newhouse, Oliver H. Exeter (Inspects shipments also at Farmersville.) Roeder, J. H Terra Bella Webb, Steve Woodlake Williams, C. H. , Springville VENTURA. Commissioner: Brock, A. A.^ Santa Paula Inspectors: Call, A. H Santa Paula Essig, S. H . Ventura French, J. N Oxnard Willey, T. D : Moorpark Wiklund, A. G Fillmore YOLO. Commissioner: Gould, Wm. Woodland Inspectors : Bray, James .. .Dunnigan Lamme, J. W Winters Morran, T. E Rumsey Murry, Sidney . Esparto Van Tassel, Harold PO box 199, Sacramento YUBA. Commissioner: Harney, G. W. Marysville APPENDIX. RELATING TO THE TERMINAL INSPECTION OF PLANTS AND PLANT PRODUCTS. ORDER OF THE POSTMASTER GENERAL. State shall provide for terminal inspec- tion at its own expense. Secre- tary of agri- culture must approve of list of plants subject to inspec- tion. Penalty. Office of the Postmaster General, Order No. 8760. Washington, April 2, 1915. The Postal Laws and Regulations, edition of 1913, are amended by the addition of the following, as section 47834: Sec. 478%. (a) When any state shall provide for terminal inspection of plants and plant products, and shall establish and maintain, at the sole expense of the state, such inspection at one or more places therein, the proper officials of said state may submit to the Secretary of Agriculture a list of plants and plant products and the plant pests transmitted thereby, that in the opinion of said officials should be subject to terminal inspection in order to prevent the introduc- tion or dissemination in said state of pests injurious to agriculture. Upon his approval of said list, in whole or in part, the Secretary of Agriculture shall transmit the same to the. Postmaster General, and thereafter all packages containing any plants or plant products named in said approved lists shall, upon pay- ment of postage therefor, be forwarded by the post- master at the destination of said package to the proper state official at the nearest place where inspection is maintained. If the plant or plant products are found upon inspection to be free from injurious pests, or if infected shall be disinfected by said official, they shall upon payment of postage therefor be returned to the postmaster at the place of inspection to be forwarded to the person to whom they are addressed; but if found to be infected with injurious pests and in- capable of satisfactory disinfection the state inspector shall so notify the postmaster at the place of inspec- tion, who shall promptly notify the sender of said plants or plant products that they will be returned to him upon his request and at his expense, or in default of such request that they will be turned over to the state authorities for destruction. (Act of March 4, 1915.) (b) It shall be unlawful for any person, firm, or corporation to deposit in the United States mails any package containing any plant or plant product ad- dressed to any place within a state maintaining in- spection thereof, as herein defined, without plainly APPENDIX. 119 marking the package so that its contents may be readily ascertained by an inspection of the outside thereof. Whoever shall fail to so mark said packages shall be punished bv a fine of not more than $100. (Act of March 4, 1915.) (c) The Postmaster General is hereby authorized Post- anal directed to make all needful rules and regulations niaster- for carrving out the purposes hereof. (Act of March general 4, 1915.) author- 2. When the Secretary of Agriculture furnishes the iZGQ- Postmaster General a list of plants and plant products subject to terminal inspection under the provisions of Instruc- the preceding paragraph, appropriate instructions in tions to regard thereto shall be issued to postmasters by the post- Third Assistant Postmaster General, Division of masters. Classification. 3. When a package containing plants or plant prod- Method ucts subject to terminal inspection is received at the of post office of address, the postmaster shall at once inspec- notify the addressee of the required amount of post- tion. age for forwarding it to the place of inspection and return. Upon payment of the required amount, the postmaster shall affix to the parcel stamps sufficient to cover the postage from his office to the place of in- spection, and place in an official envelope, to be attached to the parcel and addressed to the postmaster, at the place of inspection, the stamps representing the amount of postage furnished by the addressee for its return. The postmaster shall then indorse on the wrapper of the parcel the words, "Forward to , for inspection," and (Give post office of inspection) transmit the parcel to the postmaster at the place of inspection. 4. (a) On receipt of the parcel at the post office of inspection the postmaster shall deliver it to the proper state official, and if such official shall return it to him marked to show that it has been inspected and passed, the postmaster shall affix to the parcel the postage fur- nished for returning it to the post office of address and promptly transmit it to that office. It shall then be delivered to the addressee. (b) If the state official to whom a parcel containing Disposal plants or plant products has been sent for inspection °f shall inform the postmaster at the place of inspection diseased that such plants or plant products are infected with Plants. injurious pests and incapable of satisfactory disinfec- tion, the postmaster shall promptly notify the sender that the parcel is undeliverable, giving the reason therefor together with the name and address of the addressee, and stating the amount of postage required for its return and that if the postage is not promptly furnished the parcel will be turned over to the state authorities for destruction. After the sending of such notice, the postmaster shall wait the length of time 120 APPENDIX. Postage. Failure to furnish postage. prescribed in paragraph 8, section 637, when, if post- age be not received by that time, he shall inform the state authorities that the parcel may be destroyed by them. 5. When a parcel containing plants or plant prod- ucts is returned to the sender or destroyed under the provisions of the preceding paragraph, the postage stamps representing the amount of postage furnished by the addressee for the return of such parcel from the post office of inspection to the office of address shall be sent by the postmaster at the former office to the addressee together with a letter of information as to the disposition of the parcel. 6. If the addressee, after having been notified, as prescribed in paragraph 3 of this section, fails to fur- nish the required postage for sending the parcel to the place of inspection and return, the postmaster shall so notify the state inspector at that place and advise him of the amount of postage required for sending the parcel to him. If such official furnishes the postage the postmaster shall, after affixing the necessary stamps, indorse on the wrapper of the parcel the words "Forward to (Give post office of inspection) for inspection," together with the words "Postage paid -by state," and transmit it to the postmaster at the place of inspection. If the state inspector shall return the parcel to the postmaster at the point of in- spection, marked to show that it has been inspected and passed, and having postage properly prepaid, it shall be transmitted to the office of address and de- livered to addressee. Should the state inspector fail to furnish the postage for sending the parcel to him for inspection, the parcel shall be treated as other un- deliverable fourth-class matter, as prescribed in sec- tion 637. Daniel C. Roper, Acting Postmaster General. List of inspec- tion points i Cali- fornia. Revised List of Inspection Places for Plants and Plant Products Addressed to Post Offices in California. Office of Third Ass't P. M. Gen., Washington, Sept. 16, 1915. . In connection with the instructions to postmasters dated May 26, 1915, appearing on page 5 of the June, 1915, supplement to the Postal Guide, concerning the terminal inspection of plants and plant products in the state of California, there is given below a revised list of the places in that state where such inspection is maintained. In each case the place to which a post- master in the state of California shall send for in- spection, after receiving the required postage therefor, APPENDIX. 121 one tion points in Cali- fornia. under the provisions of section 47B Z A, Postal Laws List of and Regulations, a package containing plants or plant inspec products subject to terminal inspection, is +hf * r*m*tl which is nearest to his office. Albion Eureka Alturas • Exeter Anaheim Farmersville Anderson Fillmore Angiola Fort Bragg Aromas Fontana Arroyo Grande Fowler Auburn Fresno Azusa Glendale Bakersfield Glendora Banning Goshen Bard Grass Valley Beaumont Hanford Bieber Healdsburg Bishop Hemet Bloomington Highland Blythe Hollister Brawley Hopland Brynmawr Imperial Calexico Indio Carpinteria Kelseyville Chico Kerman Chino Kingsburg Claremont Lamanda Park Clovis Lancaster Coachella Lemon Cove College City Lindsay Colton Livingston Colusa Lodi Corning Los Angeles Corona McFarland Covelo Madeline Covina Madera Craftonville Manteca Cucamonga Martinez Cutler Marysville Davis Mecca Del Rosa Mendocino Delano Merced Dinuba Modesto Downey Monrovia Duarte Napa Ducor Naranjo East Highlands Newman Edison Norwalk El Centro Oakdale Elsinore Oakland Escalon Oakley Escondido Oceanside Etiwanda Ontario YZZ A PPENDIX. List of Orange Santa Maria inspec- Orosi Santa Paula tion Oroville Santa Rosa points in Oxnard Selma Cali- Pasadena South Pasadena fornia. Paso Robles Springville Perris Stockton Pixley Saint Helena Placerville Strathmore Point Arena Sultana Pomona Susanville Porterville Tehachapi Red Bluff Terra Bella Redding Thermal Redlands Tipton Reedley Tropico Rialto Tulare Richgrove Ukiah Ripon Upland Rivera Ventura - Riverside Victorville Sacramento Visalia San Benito Wasco San Bernardino Watsonville San Diego Whittier San Dimas Williams San Fernando Willits San Francisco Willows Sanger Winters San Jose Woodlake San Luis Obispo Woodland San Mateo Yettem Santa Ana Yreka Santa Barbara Yucaipa Santa Cruz Yuba City Santa Fe Springs A. M. Dockery, Third Ass't P. M. Gen. The following changes have been made in the above list: Bieber has been dropped; Fair Oaks and Elk Grove have been added. INDEX. Aceto-arsenite of copper, 99 Act relating to the county commissioner of horticulture, 16 shipment of injurious insects, 41 state commissioner of horticulture, 5 Adulteration of insecticides and fungicides, state law, 97 Ailanthus glandulosa, 53 Alabama, quarantine order No. 21, 52 Alameda County horticultural officers of, 110 quarantine order No. 10 against peach borer, 48 No. 11 against peach borer, 48 No. 12 against peach borer, 48 Aleyrodes citri quarantine order No. 15, 50 No. 18, 51 No. 21, 52 Aleyrodes mtbifera quarantine order No. 15, 50 No. 18, 51 No. 21, 52 Alfalfa weevil quarantine order No. 14, 50 No. 16, 50 No. 17, 51 No. 20, 51 No. 29, 64 Allamanda neriifolia, 52 Almond quarantine order No. 10, 48 No. 11, 48 No. 12, 48 American Association of Agricultural chemists, 103 Ampelopsis tricuspidata, 53 Anastrepha ludens quarantine order No. 9, 48 No. 13, 49 Animals, injurious, quarantine law relating to, 39 Annual meeting of county horticultural commissioners, 28 Page numbers in black type refer to quarantine orders and regula- tions still in effect. 124 index. Anthonomus grandis quarantine order No. 2, 43 No. 19, 51 No. 26, 58 amendment No. 1, 60 Apple B grade, 83 C grade, 83 California fancy grade, 82 standardization law re packing of, 82 Apricots, law re packing of, 73 Appropriation, insecticide and fungicid_e act, 106 standard apple act 1917, 90 Arizona, exempt from provisions of quarantine order No. 28, 63 regulation re entry of cotton seed from county of Maricopa into California, 60 Arkansas, quarantined, regulation No. 5, peach yellows and peach rosette, 70 Arsenate of lead, law relating to sale and manufacture of, 97 Arsenic, insecticide and fungicide law, 101, 102 Arsenic oxide in insecticide and fungicide act, 100 Arsenious acid as used in insecticide and fungicide law, 100 Ash, Green, S3 Prickly, 53 Assistant superintendent, state insectary, appointment, 8 duties, 8 qualifications, 8 salary, 8 Australian wild rabbit, quarantine law relating to, 39 Automobile tops, inspection of, from Hawaii, 68 Bacillus phytopthorus, 92 Baggage, inspection of, for fruit fly, 46 Baldwin spot, 82 Balling scale, 74 Banana shrub, 52 Bananas, quarantine order No. 5, Hawaiian Islands, 46 Page numbers In black type refer to quarantine orders and regula- tions still in effect. INDEX. 125 Berries, law re packing of, 75 quarantined, order No. 5, Hawaiian Islands, 46 Blackleg, 92 Blanchard scale, 94 Boll weevil (see cotton boll weevil) Boston ivy, 53 Bruises on apples, 82 Bulk, definition of, 72 Bull thistle, law relating to, 96 Butte County, horticultural officers of, 110 Canada, Ontario, quarantined, regulation No. 5, peach yellows and peach rosette, 70 thistle, law relating to, 96 Canker, citrus, quarantine order No. 28, 62 Cape jessamine, 53 Cerasus sp., 53 Ceratitis capitata, quarantine order No. 5, 45, 46 Cereal straw, from Idaho, Wyoming and Utah, quarantine against, 64 Certificate, potato act, 93 Chemists, American Association of Agricultural, 103 Cherries, law re packing of, 73 Cherry, Portugal, 53 quarantine order No. 10, peach borer, 48 No. 11, peach borer, 48 No. 12, peach borer, 48 Chestnut, quarantine regulation No. 6, bark disease, 70 Chief deputy quarantine officer, appointment, 7 duties, 7 qualifications, 7 salary, 7 China berry, 53 Choisya ternata, 53 Citron, 53 Citrus canker, quarantine order No. 28, 62 fruits, melanose, quarantine against, 55 prohibition of entrance into California from other states of United States, 62 Page numbers in black type refer to quarantine orders and regula- tions still in effect. 126 index. Citrus — Continued. quarantine on, from Mexico, 48 quarantine order No. 21, 53 quarantine regulation No. 2, melanose, 68 white flies, quarantine order No. 15, SO No. 18, 51 No. 21, 52 Civil executive officers, 5, 6 Clerk, state commissioner of horticulture appointment, 6 salary, 6 Cnicus arvensis, law relating to, 96 lanceolatus, 96 Codlin moth, 16, 22, 24 Coifea arabica, 53 Coffee, 53 Colusa, horticultural officers of, 110 Commissioner of horticulture, county (see county commissioner of horticulture) state (see state commissioner of horticulture) Connecticut, quarantined, regulation No. 5, peach yellows and peach rosette, 70 Container, raisin act, 95 standard, defined, 73 Contra Costa, horticultural officers of, 110 Copper, aceto-arsenite of, 99 Cornichon grape, 74 Cotton boll weevil, amendment No. 1, quarantine order No. 26, 60 quarantine order No. 2, 43 No. 19, 51 No. 26, 58 Cotton seed, Egyptian, regulations re importation into California, 60 quarantine order No. 26, 58 County, defined in standardization law, 73 board of horticultural commissioners, 21 board of supervisors (see supervisors) Page numbers in black type refer to quarantine orders and regula- tions still in effect. iijdex. 127 County — Continued. horticultural commissioner, 9, 14 act relating to, 16 as quarantine guardian, 10, 27 deputy, 27 duties of, 12, 22 list of, 110 eligibles for office, 17, 21 notices of examination for position of, 19 office and expenses, 18 petition for, 16 powers of, 27 proceeding against ground squirrels, 17 record, 28 reports, 28 term of office, 17 vacancy in office of, 20' horticultural quarantine ordinances, 33 Crape myrtle, 53 Crate, fruit, standard, law re, 75 Cucumbers, quarantine order No. 4, against, from Hawaiian Islands, 44, 45 Currants, quarantine order No. 30, against, 66 Dacus cucurbitae, quarantine order No. 4, 44, 45 Date palm law, 94 Dean, college of agriculture, U. of C, member state board of horticultural examiners, 18 Delaware, quarantined, regulation No. 5, peach yellows and peach rosette, 70 Deputy county horticultural commissioner, appointment, 27 salary, 27 quarantine officers, appointment, 7 duties, 7 qualifications, 7 salary, 7 state commissioner of horticulture, appointment, 6 duties, 6 qualifications, 6 salary, 6 temporary, state commissioner of horticulture, 18 Page numbers in black type refer to quarantine orders and regula- tions still in effect. 128 INDEX. Devilwood, 53 Diospyros kaki, 53 virginiana, 53 Director, agricultural experiment station, U. of C, duties of insecticide and fungicide act, 98, 104 to make analyses of insecticides and fungicides, 98 District attorney act re county commissioner of horticulture, 26 fresh fruit standardization law, 80 insecticide and fungicide law, 98 standard apple act 1917, 90 Felworm, potato, 92 quarantine order No. 6, 47 No. 7, 47 No. 25, 57 Fl Dorado County, horticultural officers of, 110 Emperor grape,' 74 Endothia parasitica, quarantine regulation No. 6, 70 English ivy, 53 Examiners (see state board of horticultural examiners) Ficus macrophylla, 53 Field deputies, state commissioner of horticulture, appointment, 6 duties, 6 qualifications, 6 salary, 6 Field deputy, state insectary, appointment, 8 duties, 8 qualifications, 8 salary, 8 Florida quarantine order No. 1, white fly, 43 No. 15, white fly, 50 No. 18, white fly, 51 No. 21, white fly, 52 No. 23, melanose, 55 regulation No. 5, peach yellows and peach rosette, 70 Fox, flying, state quarantine on, 39 Fraximis lanceolata, 53 Fresno County, horticultural officers of, 111 Frost bite, 83 Page numbers In black type refer to quarantine orders and regula- tions still in effect. INDEX. 129 Fruit, citrus, melanose quarantine, 55 quarantined from other states, 62 quarantine regulation No. 2, 68 fly, quarantine law relating to hosts of, 38 fresh, definition of, 73 standardization law, 72 prohibited from Florida and Gulf states, 50, 51 quarantined from Hawaiian Islands, order No. 5, 45, 46 Fumigator, licensing of, 27 Fungicides, law relating to, 97 Fusarium oxysporum, 93 Gardenia florida, 53 jasminoideSj 53 Georgia, quarantine order No. 15, white flies, 50 No. 18, white flies, 51 No. 21, white flies, 52 Glenn County, horticultural officers of, 111 Gooseberries, quarantine order No. 30, against, 66 Gophers, 16 Grape Cornichon, 74 Emperor, 74 Gros Coleman, 74 law re packing of, 74 Grapefruit, 53 Gros Coleman grape, 74 Ground squirrels, 16 Guarantee of compliance with standard apple act, 1917, 89 Guardians, quarantine, 10, 27 Guavas, quarantine on, from Mexico, 48, 49 Hawaiian Islands, inspection of automobile tops from, 68 quarantine order No. 4, 44, 45 No. 5, prohibiting fruit from, 45, 46 Hay, quarantined against from Idaho, Wyoming and Utah, 64 Hedera helix, 53 Heterodera radicicola, quarantine order No. 25, 57, 92 ■ Humboldt County, horticultural officers of, 11,1 Idaho, quarantine order No. 14, alfalfa weevil, 50 No. 16, alfalfa weevil, 50 No. 17, alfalfa weevil, 51 No. 20, alfalfa weevil, 51 No. 29, alfalfa weevil, 64 Page numbers In black type refer to quarantine orders and regula- tions still in effect. 9—31789 130 INDEX. Illinois, quarantined, regulation No. 5, peach yellows, peach rosette, 70 Imperial County, horticultural officers of, 111 Indiana, quarantined, regulation No. 5, peach yellows, peach rosette, 70 Insectary (see state insectary) Insecticide and fungicide law, 97 Insect pests act, county commissioner of horticulture, 16 relating to shipment of, 41 standardization law, 82 state commissioner of horticulture, 5 state quarantine iaw, 34 Inspection, plant products sent through mails, 119 points in California, plant products sent through mails, 121 potato fields under seed potato act, 92 Inspectors, certified seed potato act, 91 county horticultural, list of, 110 salary of, 29 fruit, 80 standard apple act, 1917, 86, 87 Inyo County, horticultural officers of, 111 Ivy, Boston, 53 English, 53 Jasminum odoratissimum, 53 fruticans, 53 Jessamine, Cape, 53 yellow, 53 Johnson grass, 16, 23, 24 act relating to propagation of, 96 Kentucky, quarantined, regulation No. 5, peach yellows and peach rosette, 70 Kern County, horticultural officers of, 111 Kings County, horticultural officers of, 111 Kumquat, 53 Labeling, containers apple act, 84 Lake County, horticultural officers of, 111 Lassen County, horticultural officers of, 111 Page numbers in black type refer to quarantine orders and regula- tions still in effect. INDEX. 131 Laurel, cherry, 53 Laurestinus, 53 Lead, arsenate of, law relating to sale and manufacture of, 97 Lemon, 53 License fumigators and sprayers, 27 nurserymen, 14 Lien, secured by county horticultural commissioners, 25 Ligustrutn amurense, 53 sp., 53 Lime, sweet, quarantine order No. 13, 49 Lilac, 53 Los Angeles County, horticultural officers of, 112 Lousiana, quarantine order No. 5, white fly, 43 No. 18, white fly, 51 No. 21, white fly, 52 Lug boxes, 74 Madura aurantiaca, 53 Madera County, horticultural officers of, 112 Magnolia fuscata, 52 Mango, quarantine order No. 13, 49 Marin County, horticultural officers of, 112 Marlatt scale, 94 Maryland, quarantined, regulation No. 5, peach yellows and peach rosette, 70 Massachusetts, quarantined, regulation No. 5, peach yellows and peach rosette, 70 Maturity, definition of, 73 Mediterranean fruit fly quarantine order No. 5, 45, 46 regulation No. 3, inspection of automobile tops, 68 Melanose, quarantine order No. 23, 55 Melia azedarach, 53 var. umbraculiformis, 53 Melon fly, quarantine order No. 4, 44, 45 No. 5, 45 Mendocino County, horticultural officers of, 113 Merced County, horticultural officers of, 113 Mexican cotton boll weevil (see cotton boll weevil) orange, 53 fly, quarantine order No. 9, against, 48 No. 13, against, 49 Page numbers in black type refer to Quarantine orders and regula- tions still in effect. 132 INDEX. Michigan, quarantined, regulation No. 5, peach yellows and peach rosette, 70 Misbranding insecticides and fungicides, 97 Mississippi, quarantine order No. 21, 52 regulation No. 5, peach yellows and peach rosette, 70 Mock olive, 53 Modoc County, horticultural officers of, 113 Mongoose, state quarantine on, 39 Monterey County, horticultural officers of, 113 Muskmelons, quarantine order No. 4, against, from Hawaiian Islands, 45 Myrtle, crape, 53 Myrtus communis, 53 lager straemia, 53 Napa County, horticultural officers of, 113 Nectarine, quarantine order No. 10, 48 No. 11, 48 No. 12, 48 Nevada, quarantine order No. 6, against eelworm, 47 No. 7, against eelworm, 47 No. 25, against eelworm, 57 regulation No. 5, peach yellows and peach rosette, 70 Nevada County, horticultural officers of, 113 New Jersey, quarantined, regulation No. 5, peach yellows and peach rosette, 70 New York, quarantined, regulation No. 5, peach yellows and peach rosette, 70 North Carolina quarantine order No. 15, 50 No. 18, 51 No. 21, 52 regulation No. 5, peach yellows and peach rosette, 70 Nurserymen, licensing of by state commissioner of horticulture, 14 registration of with state commissioner of hrrticulture, 14 Nursery stock, act re sale of under false name, 108 disposal of diseased, 30, 31 inspection of, under act relating to the county commis- sioner of horticulture, 22, 29 Page numbers in black type refer to Quarantine orders and regula- tions still in effect index. 133 Nursery stock — Continued. interstate shipment of, 15 labeling of, in act relating to county commissioner of horticulture, 30 permit to ship into California, 15 prohibition of, from Florida, 55 Gulf states, 50, 51, 52 into California, 52, 55, 62, 66, 69 proper naming of, 107 regulations re shipment from Utah, Idaho and Wyoming into California, 65 into Santa Clara, Alameda, Santa Cruz and San Mateo counties, 48 state law regulating the importation of, 34 Tulare County, quarantine order No. 3, 43 No. 8, 47 No. 22, 55 No. 24, 57 No. 27, 61 U. S. law re shipment of through mails, 119 Oak, water, 53 Ohio, quarantined, regulation No. 5, peach yellows, peach rosette, 70 Olive, mock, 53 wild, 53_ Onopordon acanthium, law relating to, 96 Oospora scabies, 92 Orange, 53 County, horticultural officers of, 113 fly, quarantine order No. 13, 49 Mexican, 53 osage, 53 Orders, quarantine, 43 (see quarantine orders) Osage orange, 53 Osmanthus americanus, 53 Packing, act relating to apple, 82 fresh fruits, 72 raisins, 95 Parcel post, inspection of plant products sent through, 119 Paris green law relating to sale and manufacture of, 97 Page numbers in black type refer to Quarantine orders and regula- tions still in effect. 134 INDEX. Parlatoria blanchardii, 94 Peach, law re packing of, 73 quarantine order No. 10, peach borer, 48 No. 11, peach borer, 48 No. 12, peach borer, 48 rosette and yellows, quarantine law relating to, 39 regulation No. 1, 67 No. 4, 67 No. 5, 69 tree borer, quarantine order No. 11, 48 No. 12, repealing previous orders, 48 yellows, quarantine regulation No. 1, 67 No. 4, 69 No. 5, 69 Pear, 53 law re packing of, 73 Penalty act relating to county commissioner of horticulture, 33 packing of raisins, 95 propagation of Johnson grass, 97 proper naming of nursery stock, 107 selling trees under false name, 108 shipment of injurious insects, 42 state commissioner of horticulture, 15 date palm law, 94 fresh fruit standardization law, 81 insecticide and fungicide law, 97 seed potato act, 93 standard apple act, 1917, 88 state quarantine law, 39 Pennsylvania, quarantined, regulation No. 5, peach yellows and peach rosette, 70 Peridermium strobi, quarantine order No. 30, 66 Permits to ship nursery stock, 14 Persimmon, Japanese, 53 wild, 53 Phoemicoccus, marlatti, 94 Phthorimoea operculella, 92 Page numbers in black type refer to quarantine orders and regula- tions still in effect. INDEX. 135 Phytonomus posticus (alfalfa weevil) quarantine order No. 14, 50 No. 16, 50 No. 17, 51 No. 20, 51 No. 29, 64 Phytophthora infestans, 92 Pineapples permitted to enter California, 46 quarantine order No. 5, Hawaiian Islands, 45, 46 Pine, white, blister rust, quarantine order No. 30, 66 Pines, five-leafed, quarantine order No. 30, 66 Placer County, horticultural, officers of, 113 Plants, U. S. law re shipment of through mails, 118 Plums, law re packing of, 73 Pomegranate, 53 Porto Rico, quarantine order No. 23, melanose, 55 Postmaster general, order of re terminal inspection of plant products, 119 Potato certified seed act, 91 eelworm, 92 quarantine order No. 6, Nevada, 47 No. 7, Nevada, 47 No. 25, 57 powdery scab, 92 regulations re shipment from Idaho, Wyoming and Utah into California, 64 scab, 92 tuber moth, 92 wart disease, 92 wilt, 93 Powdery scab, 92 Printing, 13 Privet, California, 53 golden, 53 Prunes, law re packing of, 73 Prunus caroliniana, 53 laurocerasus, 53 Pseudomonas citri, quarantine order No. 28, 62 Publication of analyses under insecticide and fungicide act, 106 Publications, state commissioner of horticulture, 9 Punica granatum, 53 Pyrus sp., 53 Page numbers in black type refer to quarantine orders and regula- tions still in effect. 136 INDEX. Quarantine division, 6 guardian, 10, 12, 27, 35 duties of, 12 officers, chief deputy state commissioner of horticulture, 7 deputy, 7 orders, 43 No. 1, white fly, 43 • No. 2, cotton boll weevil, 43 No. 3, nursery stock into Tulare County, 43 No. 4, melon fly, 44, 45 No. 5, Mediterranean fruit fly, 45, 46 No. 6, potato eelworm, 47 No. 7, potato eelworm, 47 No. 8, nursery stock into Tulare County, 47 No. 9, Mexican orange fly, 48 No. 10, peach borer, 48 No. 11, peach borer, 48 No. 12, peach borer, 48 No. 13, Mexican orange fly, 48, 49 No. 14, alfalfa weevil, 50 No. 15, white fly, 50 No. 16, alfalfa weevil, 50 No. 17, alfalfa weevil, 51 No. 18, white flies, 51 No. 19, alfalfa weevil, 51 No. 20, alfalfa weevil, 51 No. 21, white flies, 52 No. 22, nursery stock into Tulare County, 55 No. 23, melanose of citrus fruits, 55 No. 24, nursery stock into Tulare County, 57 No. 25, potato eelworm, 57 No. 26, Mexican cotton boll weevil, 58 No. 27, nursery stock into Tulare County, 61 No. 28, citrus canker, 62 No. 29, alfalfa weevil, 64 No. 30, white pine blister rust, 66 regulations, 10 No. 1, peach and peach rosette, 67 No. 2, melanose, 68 No. 3, Mediterranean fruit fly, 68 No. 4, peach yellows, peach rosette, 69 No. 5, peach yellows, peach rosette, 69 No. 6, chestnut bark disease, 70 state horticultural officers, 9 state law, 34 Page numbers in black type refer to Quarantine orders and regula- tions still in effect. INDEX. 137 Quercus aquatica, 53 Quinces, law re packing, 73 Rabbits, state quarantine on, 39 Raisins, act relating to the packing and sale of, 95 Red rice, 16, 23, 24 Registration of nurserymen, 14 Regulations, quarantine, 10 (see quarantine regulations) re importation of emigrant movables, agricultural, from Idaho, Wyoming and Utah, 65 Reports, county commissioner of horticulture, 29 state commissioner of horticulture, 14 Rhizoctonia, 92 Rhode Island, quarantined, regulation No. 5, peach yellows and peach rosette, 70 Ribes, quarantine order No. 30, against, 66 Rice, 23, 24 fields, 16 Riverside County, horticultural officers of, 114 Root crops, quarantine order No. 5, from Hawaiian Islands, 46 Rot, dry, 82 Russian thistle, 16, 23, 24 law relating to, 96 Rust, white pine blister, quarantine order No. 30, 66 Sacramento County, horticultural officers of, 114 Salsola kali, 16 law relating to, 96 Saltwort (see Russian thistle) San Benito County, horticultural officers of, 114 San Bernardino County, horticultural officers of, 114 San Diego County, horticultural officers of, 115 San Francisco County, horticultural officers of, 115 San Joaquin County, horticultural officers of, 115 San Luis Obispo County, horticultural officers of, 115 San Mateo County, horticultural officers of, 115 quarantine order No. 10, against peach borer, 48 No. 11, against peach borer, 48 No. 12, against peach borer, 48 Sanninoidea pacffica, quarantine order No. 10, 48 No. 11, 48 No. 12, 48 Page numbers in black type refer to quarantine orders and regula- tions still in effect. 138 index. Santa Barbara County, horticultural officers of, 115 Santa Clara County, horticultural officers of, 115 quarantine order No. 10, 48 No. 11, 48 Santa Cruz County, horticultural officers of, 116 quarantine order No. 10, peach borer, 48 No. 11, peach borer, 48 No. 12, peach borer, 48 Scald, sun, 83 Scotch thistle, law relating to, 96 Secretary, state commissioner of horticulture, appointment, 6 duties, 6 salary, 6 Seed-pods, quarantined from Hawaiian Islands, order No. 5, 46 Seed potato, act relating to, 91 Shasta County, horticultural officers of, 116 Siskiyou County, horticultural officers of, 116 Stnilax sp., 53 Sonoma County, horticultural officers of, 116 Sorghum halepense, 16 act relating to propagation of, 96 South Carolina, quarantine order No. 15, white fly, 50 No. 18, white fly, 51 No. 21, 52 Spongospora solani, 92 Sprayer, licensing of, 27 Squirrels, ground, 16 Stamp used in apple act, 85 Standard containers for grapes, 25 Standardization apple law, 82 law re fresh fruit packing, 72 Stanislaus County, horticultural officers of, 116 State board of horticultural examiners, 18, 27 creation of, 18 duties, 19 expenses, 19 members of, 18, 110 commission of horticulture, personnel of, 109 commissioner of horticulture, Page numbers in black type refer to quarantine orders and regula- tions still in effect. index. 139 State — Continued. act relating to, 5 appointees, 5 appointment of, 5 calling annual meeting of county horticultural com- missioners, 28 duties of, 8 ex officio county commissioner of horticulture, 13 member state board of horticultural examiners, 18 reports of, 14 salary, 5 to issue commissions as quarantine guardians, 27 descriptions of insects, etc., to county horticul- tural commissioners, 32 insectary, 8 assistant superintendent, 8 division, 8 field deputy, 8 superintendent, 8 appointment, 8 duties, 8 member state board of horticultural examiners, 18 qualifications, 8 salary, 8 quarantine law, 34 Subcontainer, defined, 73 Sun scald, 83 Superintendent of state printing, 13 Supervisors, county board of, 16 Sutter County, horticultural officers of, 116 Synchitrium endobioticum, 92 Syringa vulgaris, 53 Tangerine, 53 Tecoma radicans, 53 Tehama County, horticultural officers of, 116 Tennessee, quarantined, regulation No. 5, peach yellows and peach, rosette, 70 Texas, quarantine order No. 21, 52 Thistle, Bull, 96 Canada, 96 Russian, 96 Scotch, 96 Page numbers in black type refer to quarantine orders and regula- tions still in effect. 140 INDEX. Tomatoes, law re packing of, 73 quarantine order No. 4, against, from Hawaiian. Islands, 44, 45 . No. 15, 50 Tree of Heaven, 53 Trumpet vine, 53 Trypeta ludens (see Mexican orange fly) Trypetidae, quarantine law relating to, 38 Tuber moth, 92 Tulare County, horticultural officers of, 116 quarantine orders re shipment of nursery stock into, No. 3, 43 No. 8, 47 No. -22, 55 No. 24, 57 No. 27, 61 Umbrella, Texas, 53 United States Department of Agriculture, 59, 62, 102 Utah, quarantine order No. 14, alfalfa weevil, 50 • No. 16, alfalfa weevil, 50 No. 17, alfalfa weevil, 51 No. 20, alfalfa weevil, 51 No. 29, alfalfa weevil, 64 Vegetables, prohibited from Florida and Gulf states, quarantine order No. 15, 50, 51 quarantined from Hawaiian Islands, order No. 5, 45, 46 Ventura County, horticultural officers of, 116 Verticillium alboatrum, 93 Viburnum tinus, 53 Virginia, quarantined, regulation No. 5, peach yellows and peach rosette, 70 Water-grass, 16, 23, 24 Watermelons, quarantine order No. 4, against, from Hawaiian Islands, 44, 45 Weeds in act relating to the county commissioner of horti- culture, 16 Johnson grass, 16, 23, 24, 96 red rice, 16 23, 24 Russian thistle, 16, 23, 24 water-grass, 16, 23, 24 Page numbers in black type refer to quarantine orders and regula- tions still in effect. INDEX. 141 Weevil, alfalfa (see alfalfa weevil) cotton boll (see cotton boll weevil) West Virginia, quarantined, regulation No. 5, peach yellows and peach rosette, 70 White flies, quarantine order No. IS, 51 No. 18, 51 No. 21, 52 White pine blister rust, quarantine order No. 30, 66 Wyoming, quarantine order No. 14, alfalfa weevil, 50 No. 16, alfalfa weevil, 50 No. 17, alfalfa weevil, 51 No. 20, alfalfa weevil, 51 No. 29, 64 Xanthoxylum clava-herculis, 53 Yolo County, horticultural officers of, 116 Yuba County, horticultural officers of, 116 Page numbers in black type refer to Quarantine orders and regula- tions still In effect. LIBRARY OF CONGRESS 00003211760