\y ]•. l p. q m Ti Revision of Quarantine and Regulation! BffectlTc October 1. 1941 Title 7— Agriculture CHAPTER III— BUREAU OF ENTOMOLOGY AM) PLANT QUARANTINE PAST Ml— DOMESTIC QUAJtANTDfl NOTN I B DUTCH ELM DISEASE QUARANTINE INTRODUCTORY NOTE This revision of the quarantine and regulations extendi the regulated areai 1 1 1 Include parts of nine Pennsylvania counties and additional sections In Connec- sase has been located, SUMMARY The arei ed by these regulations comprise parts of Connecticut, New Jersey, Neil York, and Pennsylvania as designated in §301.71-3. These regulations prohibit the interstate movement from the regulated areas of all parts of elms of all species, except that elm lumber or products manufac- tured from or containing elm wood, if entirely free from hark, are exempt from restriction. No restrictions are placed on the Interstate movement wholly within the regulated area. Shipments originating outside the regulated are;; may be moved through the regulated area only on through billing. Restricted articles trucked through the regulated area In summer must be covered. DETERMINATION OF THE SECRETARY OF AGRICULTURE Tiu- Secretary ol Agriculture, having given the public hearing required by law and having determined that it was necessary to quarantine the States of Connecticut, New Jersey, and New York. to prevent tie' spread of the Dutch elm disease {Ceratottomella ulmi Buisman (Qraphium ulmi Schwarz), a dan- gerous plant disease 1 1 . i t theretofore widely prevalent or distributed within and throughout the United States, on February 20, 1885, promulgated Notice of Quar- antine .sol. 71. part sol. chapter ill. title 7. Code of Federal Regulations, with r eg u lations supplemental thereto, governing the movement of elm plants or parts thereof ef ail species of the genus Ulmus, Irrespective of whether nursery st, or privately grown, Including <1> trees, plants, leaves, twigs, branches, hark, roots, trunks, cuttings, and scions of such plants; (2) logs <>r COrdWOOd of such plants; and (3) lumber, crates, boxes, barrels, packing cases, and other containers manufactured in whole or in part from such plants (unless the wood entirely free from bark), from any of the above-named States into or through any other State «, r Territory or Dl8trlcl of the United States If 801.71- part .".(ii. chapter III. title 7. Code of Federal Regulations IB. E. I*. Q.— Q. 71] is hereby amended, effective ( H -roller 1. 1941, to read as follows: 4254 SUBPART— DUTCH ELM DISEASE QUARANTINE §301.71. Notice of Quarantine. — Under the authority conferred by section 8 of the Plant Quarantine Act of August 20, 1912, as amended (7 U. S. C. 161), the Secretary of Agriculture quarantines the States of Connecticut, New Jersey, Nev York, and Pennsylvania, to prevent the spread of the Dutch elm disease. Hereafter, elm plants or parts thereof of all species of the genus Ulmus, irre- spective of whether nursery, forest, or privately grown, including (1) trees, plants, leaves, twigs, branches, bark, roots, trunks, cuttings, and scions of such plants; (-J) logs or cordwood of such plants; and (3) lumber, crates, boxes, barrels, packing cases, and other containers manufactured in whole or in part from sueh plants (unless the wood is entirely free from bark) shall not be shipped, offered for shipment to a common carrier, received for transporta- tion or transported by a common carrier, or carried, transported, moved, or allowed to be moved from any of said quarantined States into or through any other State or Territory or District of the United States in manner or method or under conditions other than those prescribed in the regulations hereinafter made and amendments thereto : Provided, That the restrictions of this quarantine and of the regulations supplemental thereto may be limited to the areas in a quarantined State now, or which may hereafter be, desig- nated by the Secretary of Agriculture as regulated areas when, in the judg- ment of the Secretary, the enforcement of the aforesaid regulations as to such regulated areas shall be adequate to prevent the spread of the Dutch elm disease: Provided further, That such limitations shall be conditioned upon the said State providing for and enforcing such control measures with respect to such regulated areas as, in the judgment of the Secretary of Agriculture, shall be deemed adequate to prevent the spread of the Dutch elm disease there- from to other parts of the State: And provided further, That certain articles classed as restricted herein may, because of the nature of their growth or production or their manufactured or processed condition, be exempted by ad- ministrative instructions isued by the Chief of the Bureau of Entomology and Plant Quarantine when, in his judgment, such articles are considered innocuous as carriers of infection: And provided further, That whenever, in any year, the Chief of the Bureau of Entomology and Plant Quarantine shall find that facts exist as to the pest risk involved in the movement of one or more of the articles to which the regulations supplemental hereto apply, making it safe to modify, by making less stringent, the restrictions contained in any such regulations, he shall set forth and publish such finding in administrative instruc- tions, specifying the manner in which the applicable regulation should be made less stringent, whereupon such modification shall become effective, for such period and for such regulated area or portion thereof as shall be specified in said administrative instructions, and every reasonable effort shall be made to give publicity to such administrative instructions throughout the affected areas. REGULATIONS §301.71-1. Definitions. — For the purpose of these regulations the following words, names, and terms shall be construed, respectively, to mean : (a) Dutch elm disease. — The plant disease known as the Dutch elm disease (Cerat08tomella uhni Buisman {Craphium ulmi Schwarz), in any stage of development. (b) Quarantined area. — Any State quarantined by the Secretary of Agri- culture to prevent the spread of the Dutch elm disease. (C) Regulated area. — Any area in a quarantined State which is now, or which may hereafter bo. designated as such by the Secretary of Agriculture in accordance with the provisos of § 301.71, as revised. (d) Moved interstate. — Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved from one State or Territory or Dis- trict of the United States into or through any other State or Territory or District. (e) Inspector. — An inspector of the United States Department of Agriculture. §301.71-2. Limitation of restrictions to regulated areas. — Conditioned upon the compliance on the part of the State concerned with the first and second provisos to § 301.71, the restrictions provided in these regulations on the inter- state movement <>f plants and plant products and other articles enumerated in said S 301.71 will be limited to such movement from the ureas in such State now or hereafter designated by the Secretary of Agriculture as regulated areas. 01.71.3. Regulated ana*. — In accordance with the first and second provisos to 8 301.71, the Secretary of Agriculture designates as regulated areas for the purpose of these regulations the comities, townships, towns, and cities listed below, including all cities, towns, boroughs, OI Other political subdivisions within their limits : necticut. — Fairfield County; towns of Bethlehem, Bridgewater, Harwin- ton, Litchfield, Morris. New Milford, Roxbury, Thomaston, Torrington, Wash- ington, Watertown, and Woodbury, in Litchfield Count)/: all of New Haven Countu except the towns of Cheshire, Madison. Prospect, and Wolcott; and the town of Preston, in y<'ir London Count}/. ■ Jersey. — Counties of Bergen, Essex, Hudson, Hunterdon, Mercer, Morris. Passaic, Somerset, Sussex. Union, and Warren; townships of Bordentown, Ches- terfield, Mansfield, New Hanover. North Hanover. Pemberton. and Springfield, the city of Bordentown, and the boroughs of Fieldsboro and Pemberton, in Burlington Count y: all of Middlesex Count}/ except the townships of ('ranbury and Monroe, and the boroughs of Helmetta. Jamesburg, and Spotswood; all of Monmouth Count}/ except the townships of Freehold. Millstone, Neptune, and Wall, and the boroughs of Avon-by-the-Sea. Relmar. Bradley Beach. Rrielle. Freehold, Jersey Homestead, Manasquan, Neptune city. Sea Girt, South Belmar, Spring Lake, and Spring Lake Heights; and the township of Plumstead, in <><-, an County. \ io York. — Counties of Bronx, Dutchess. Kings. Nassau. New York. Orange. Putnam. Queens, Richmond. Rockland, and Westchester; town of Bethlehem, in Albany Count}/: towns of Chenango, Colesville, Conklin, Fenton. Kirkwood. San- ford, and Windsor, in Broome County: towns of Afton. Bainbridge. Coventry, and Greene, in Chenango Count}/ ; towns of Ancram. Claveraek. Clermont. Copake, Gallatin, Germantown. Ghent. Livingston, and Taghkanic, in Columbia Count}/: town of Deposit, in Delaware County: town of Catskill, in Greene Count}/: town of Unadilla, in Otsego County: town of Mamakating, in SuUivan County: and all of lister Count}/ except the towns of Bonning. Hardenbergh, Kingston, Olive, Shandaken. and Woodstock. Pennsylvania. — Township of Amity, in Berks County: all of Bucks County except the townships of Lower Southampton and Upper Southampton; town- ships of Lower Milford. Salisbury, and Upper Saucon, and the borough of Coopersburg, in Lehigh County; townships of Hanover, Pittston, and Plains, city of Wilkes-Barre. and the boroughs of Ashley. Fdwardsville, Forty Fort, Kingston. Larksville. Plymouth. Sucrar Notch. Warrior Run. and Wyoming, in m Count}/: townships of Middle Smithfield. Smithfield. and Stroud, and the boroughs of Delaware Water Gap, East Stroudsburg. and Stroudsburg, in Monroe Count}/; townships of Franconia. Hatfield. Lower Merlon, Lower More- land. Marlboro. New Hanover, Perkiomen. Salford, Upper Hanover. Upper Merlon, West Norriton, and that portion of Whitemarsh Township northeast of Stanton Avenue, and the boroughs of Bridgeport, Bryn Athyn. Bast Greenville, Qreenlane, Hatfield. Narberth, Pennsburg, Red Hill. Souderton, West Consho- bocken, and West Telford, in Montgomery County: townships of Bethlehem, Hanover. Lower Mount Bethel, Lower Saucon. Upper Mount Bethel, and Wil- liams, the city of Easton, and the boroughs of Freemansburg, Glendon, Heller- town, Portland. West Faston. and Wilson, in Northampton Count}/: ward 35, ii! the city of Philadelphia, in Philadelphia Count}/; and the townshi] Harmony and Jackson, and the borough of Lanesboro, in Susquehanna Count}/. § 301.71-4. Control of movement of rhn j,h/nts and elm products. — Elm plants or parts thereof of all species of the genus Ulmus, irrespective of whether nursery, for»') lumber, crates, boxes, barrels, packing eases. and other containers manufactured in whole or in part from such plants, if the WOOd is not free from bark, shall not be moved interstate from any regulated area to or through any point outside thereof. Plants and plant products enumerated in this regulation may he moved Interstate from an area not under regulation through a regulated ares to a non- regulated area only when such movement is on through billing: Provided, That such movement by truck or Other road vehicle may not be made during the UNIVERSITY OF FLORIDA iiiiiiiuiini 3 1262 08721 6064 period from April 1 to October 31. inclusive, of any 12-month period unless the restricted products contained therein while passing through any regulated area are covered Or otherwise protected, to the satisfaction of an inspector from contamination by Insect vectors of the Dutch elm disease. _ § 901.71 5. Shipments for experimental and scientific purposes.— Articles sub- ject to restriction In these regulations may be moved interstate for experimental or scientific purposes; on such conditions and under such safeguards as may be prescribed by the Chief of the Bureau of Entomology and Plant Quarantine The container ..f articles so moved shall bear, securely attached to the outside thereof, an identifying tag from the Bureau of Entomology and Plan! Quarantine showing compliance with such conditions. Done at Washington, D. C, this 20th day of September 1941. Witness my hand and the seal of the United States Department of Agriculture. ^*r5jX Grover B. Hill, ^■^^A Acting Secretary. V. I. (OVIRNMENT PRINTING OFFICf, 1(41