Page:United States Statutes at Large Volume 44 Part 1.djvu/1908

 _ “§]6} TITLE 7.-#-.16 (2) lt; such seed is required ·to be colored, under the provi- 'sions of section 5 ‘, and the regulations issued the_reunder,·and. is notiso c0l01•cd‘§0r° 5 ‘ - _ ¢ _ _‘ ·l E ` , (3) If such seed iscolored, in imitation of  required to he colored under the provisions of section 5 ‘ and the regulations. lissued thereunder. f _ Y · ‘ .` -. ‘· · _ (lx)! The Secretary of Agriculture is authorized to prescribe such, regulations as may {be ° necessary .for.,_carrylng out the provisions of this section: _ l · l. ‘_. _ -_‘ fi) This section shall take edect upon the  of the pasé sage of this `amendatory Aqt; ’ but no penalty or c0ndemn,ation __ shall he enforced for any violation of this sectlou occurring within thirty days after such date. (Apr. 26,.1926, c. 186, `§ 2,` 44 Stat.325) I ~` - ·    .   ° _ Q ·' New action, See note to section 11,5.   ·.  ¥C§ap~te1·. 8.-—NURSERY STOCK DAND *0'l‘HER PLANTS _ AND PLANT PRODUCTS. ' _   Interstate quarantine} shipments or removals from quarantined localities forbidden; regulations by Secretary for, shipment, ctc.,_` from quarantined localities; uotlpc and hearings: promulgation. -161. Interstate quarantine;. shipnnents orlaennovals fromi  localities forbidden; regulations by Secretary for _— shipment, . etc., from quarantined localities; notice and ·"hear· `_ ilg8;’§!0l1HlgIti0¤.+Th§ Secretary of Agriculture is author- ` ized. and directed to ‘quarantine‘ any _State,`Terrlt0ry, or District ot the United. States, or any portion thereof, when he shall de-_ - . termine that such quarantine is necessary to prevent the spread _. ot a "dangerous plant disease or insect infestation, new to `_or not theretotore widely prevalent or distributed 'withln and _tlu·onghout the United States; and the Secretary ot `Agriculs ture is directed to give notice of _ the establishment of. such ‘qnaraul1ne· to common carriers doing business in or th1"dI1gh` _ such quarantined area, and shall publish in such newspapers in the quarantined area as he shall select `iloticg of the establishment ot quarantine. No person shall ship or offer for shlp- . ment to any common carrier, nor shall_ any common carrier receive for transportation or transport, nor shall` any person l any or transport from any quarantlned State or Territory or c District of the United States, or from any quarantined portion thereof, into or through any other $tate or Territory or ·District, any class ot nursery stock or p any other class of ,plants, traits, vegetables, _ room, bulbs, seeds, Jor other "plant products, or any class ot stone or quarry products, or any other article ot any character. whatsoever, capable ot carrying any dangerous plant      or insect infestation, specined in the notice ot onarantlne except as hereinafter providedi It shall be unlawa tal to ddte, or allow to be inoyed, any class of nursery·stock'or any other class of plants, fruits; vegetables, roots, hnlw,. seeds, , or other 'plant products, or any class ot stone or quarry products or any other article; of any ycharacter whatsoever, camble of carrylx any `dsngerous plant disease ’or_ insect intestation, ln the notice of quara,ntlne·hereinbefore provided, and regardless ot the use·1'or‘ which the same is intended, rromt any quarantined State or Territory or District of the United States or quarantined portion thereof, into or through any- other State or 'Ijerrltory or District, in manner or nxethod or under cdndltions other than those  by"_ the Secretary `ot Agricultnre; It shall be the duty ot the Secretary of of Agriculture, when the public interests will permit, to make and promulgate rules and regulations which shall permit and govern thejinspec- D tion. disinfection, oertlnmtion, and methodand manner or de- __ ·llvcx·y and shipment ot the class of nursery stock or or any _ other class of plants, fruits, [vegetables, roots, bulbs, seeds, or other plant products, or any class ot stone ssquauy products,  * “Section 5_’?`•honld be translated. f‘ section 115-.*. `_ _ · I, $°"'I-‘hl¤ amendatory Act" should be translated "$e¢t!ons‘115`jand 116 or anis' title of the?al>l>¢¤ddx.".

¥RICULTURE·. 1894 ., or any other article of any character- whatsoever, capable of `carrying· any dangerous plant disease or insect infestation. specified in the notice of quarantine. hereinbetore provided; and _1;egardless° of the use for which the same is intended, from a quarantined State or Territory or District of the United States, p or cjnarantined portion thereof, into or through any other-State or Territory or District ;‘a‘nd fhé Secretary oi Agricultnre shall give notice of such rules and regulations afs hereinbefore pro- , vided·· in this section for "the notice ot the establishment of quarantine: Provided,—That before the Secretary ot Agriculture; shall promulgate his`., determination that it is _ necessary to quarantine any"- State, Territory, or District ot the United States, or portion thereof, under the·anthority, given in thissection, he shall, after, duenotice to interested parties, give a I prescribe, at which hearing any interested party may appear ‘ and be heard, either in person .or_‘_by attorney: Provided far- t ther, That··un`til` the Secretarygot ’Agricnlture`sha1l have made a determination that such `a quarantine is necwry and has plant disease Eor insect infestation, as herein above provided, h nothing"-in this _Act_shall° be construed to prevent any State, Territory, Insular Possession, or District from promulgating, enacting, and cniorcing any. quarantine, prohibiting or restricting, the; transportation- of any “class_’of nursery stock, plant, frnitw Seed, or other product or article subject to fthe restrictions =of. this; sectioxi, into or p through such State, Territory, District, or portion ·thereof,`”_1`ro;n any other State, Territory,. District, or portion thereof, `when it shall be found, by ther State; Territory, or District promulgating orenacting the same,. ` that such‘dangerous__ plant disease or insect infestation exists . iu. such other State, `TerritQ¤‘Y. ‘District, or portion thereof: · Rrovided further, That the Secretary of Agriculture is hereby authorized, wlrenever he- deems  such action advisable and necessary to carry. ont the  of this Act,’ to cooperate with any State, Territory, or District; in connection with any · quarantine, enacted or promulgated by such State, Territory, or District, as specined _ in the preceding proyiso :` Provided `·_f;iorth.er,‘ That any nursery stock, ,plant,. fruit, seed, or other pro€luct°.or articlefsnbject to. the restrictions of this section, a quarantine with respect to which..shalr have been established by the Secretary of Agriculture under the provisions ot this p Act shall, when transported_ to, into,, or through any State, Té1"1‘i{0l‘y,· or· District, in violation of such quarantine, he sub—` ` ject to the operation and ettectfot theiaws ofsuch State, Territory, or District, enacted in the exerclw ot its police powers, the same extent and in the same manner as though such nursery stock, plant, fruit, seed, or other product . or `. article had been produced in such State, Territory, or District, and shall not be eiempt therefrom by reason of being introduced therein in original packages or otherwisel (Mar. 4,. 1917, c. ·_170, 39 Stat. 1.165; Apr. 13, 1926, c.·.135, 44 Stat. $0.) __ { ‘ · Sansa 161. •! ·'Htl• 1 asgenaled.-4’1*be_ provision or Act ot·—Aug. 20. · · 1912, ca 308, { 8, 37 Stat. 318, as amended by Act of Mar. _4, 1917, _ c, 170, _39 Stat. 1105, constituting {181 ot’Title 7 ot the Code, has been amended- by Resolution ot Ans. 13, c. 135, 44 Stat. 250, . _ _ to read as above: Theamendment added the three provisos at end _ ot section, _ .· · · _ Chapter”'9.—-PACKERS AND STOCKYARDS. ° _ STOCKYARDS ANI) BTOCKYARD DEALERS _ t Sec. p. . ‘ ·. ‘ · 204. Bond and suspension ot registrants. _ 205. General dutyeas to services; · . _ ' a or STO&YARDS AND STOCKYARD DEALERS ' 204. Bond and assesses of registrants. .` » 1 _, A  204 Q! Tttk 7 re|••t•d.··—4Tlie stat_utory;‘provision constituting { 204 of Title 7 of the Code was repeated in Act ot May 11, ·. 1926, c. 286, 44 Stat.,b27. _. ~ { p _ * • “This Act" should be translated “'chapter.’?.
 * pu»blic hearing under such rules and Teginlations as he shall
 * duly ; established .the tame lwith reference to any dangerous