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 4 
 
 V 
 
 
 B.E.P.Q. 385, 4th Rev., Supp, 1 . . Effective March 15, 1948 
 
 UB^RY 
 STATE Pi.<~NT BOARD 
 
 UNITED STATES DEPARTMENT OF AGRICULTURE 
 AGRICULTURAL RESEARCH ADMINISTRATION 
 BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE 
 DOMESTIC QUARANTINE NOTICES 
 
 ADMINISTRATIVE INSTRUCTIONS DESIGNATING RUST-RESISTANT 
 VARIETIES OF THE JAPANESE BARBERRY 
 
 Introductory Note 
 
 The administrative instructions in 7 CFR 1945 Supp, § 301.38a 
 (B.E.P.Q. 385, 4th Revision), effective January 24, 1945, issued pur- 
 suant to the black stem rust quarantine and supplemental regulations 
 under section 8 of the Plant Quarantine Act of 1912, as amended, 
 (7 U.S.C. 1940 ed. l6l) 3 designated (l) the species, varieties, or 
 hybrids of barberries and mahonias which are known to be' sufficiently 
 resistant to black stem rust to involve no danger of spread of the rust 
 and which may be shipped under permit, and (2) the rust-resistant varie- 
 ties of the Japanese barberry. 
 
 In the meantime Berberis thunbergi var c "Globe" and B, thunbergi 
 var. variegata have been found to be horticulturally desirable » More- 
 over, these two newly developed varieties of Japanese barberry have been 
 thoroughly tested and found to be immune to the black stem rust. Accord- 
 ingly, the administrative instructions specified in § 301.38a, are hereby 
 modified to include these two varieties in the list of the rust-resistant 
 varieties of Japanese barberry. 
 
 Pursuant to the authority conferred upon the Chief of the Bureau of 
 Entomology and Plant Quarantine by § 301.38~3(c) of the regulations sup- 
 plemental to the black stem rust quarantine (7 CFR 1944 Supp, § 301*28-3(c)) , 
 under section 8 of the Plant Quarantine Act of 1912, as amended, (7 U S U C» 
 1940 ed. I6l), the third paragraph, designated "(b)", in the administrative 
 instructions in 7 CFR 1945 Supp*, $ 301*38a is hereby amended to read as 
 follows: 
 
 § 301 » 3 8a Administrative instructions; classification of barberry and 
 mahonia plants . "* - ;; ~ "* 
 
 r *t,»(b) Rust'-resistant varieties of Japanese barberry which may be 
 shipped to any State without permit or restrictions under the regulations 
 in this subpart: 
 
 Berberis thunbergi 
 
 Berberis thunbergi var. atropurpurea 
 Berberis thunbergi var. "Globe" 
 Berberis thunbergi var. maximowiczi 
 Berberis thunbergi var. minor 
 Berberis thunbergi var c variegata 
 Berberis thunbergi f. erecta " 
 
UNIVERSITY OF FLORIDA 
 
 I llll III 
 
 - 2 - 3 1262 09245 2951 
 
 The purpose of this amendment is to relieve commerce in the arti- 
 cles exempted hereby from restrictions heretofore imposed. In order to 
 be of maximum benefit to the public, the relief from these restrictions 
 must be made effective as soon as possible. Accordingly, it is found for 
 good cause under section 4 of the Administrative Procedure Act (60 Stat. 
 238) that notice and public procedure on this amendment of the adminis- 
 trative instructions are impracticable and contrary to the public 
 interest, and since the amendment relieves restrictions it may be made 
 effective under said act less than 30 days after publication,, 
 
 This amendment shall be effective upon March 15, 1948. 
 
 (Sec. 8, .37 Stat. 318, 39 Stat. 1165, 44 Stat. 250; 
 
 7 U.S.C. 1940 ed. 161; 7 CFR 1944 Supp. § 301.38-3 (c) ) 
 
 Done at Washington, D..C, this 9th day of March 1943 
 
 SlsOoO -V /--w7_^ut/^ ; 
 
 Chief, Bureau of Entomology and 
 Plant Quarant ine