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of such worm in Texas and other parts of the United States, is authorized to make surveys to determine its actual distribution in Mexico; to establish, in cooperation with the States concerned, a zone or zones free from cotton culture on or near the border of any State or States adjacent to Mexico; and to cooperate with the Mexican Government or local Mexican authorities in the extermination of local infestations near the border of the United States. (Oct. 6, 1917, ch. 79, § 1, 40 Stat. 374.) oxsmevomal.-4

§ 146. European corn borer; eradication or control. To enable the Secretary of Agriculture to apply such methods of eradication or control of the European corn borer as in his judgment may be necessary, including the employment of persons and means in the District of Columbia and elsewhere and all other necessary expenses, the sum of $10,000,000 is hereby authorized to be appropirated, out of any money in the Treasury not otherwise appropriated, to be expended in cooperation with such authorities of the States concerned, organizations, or individuals as the Secretary may deem necessary to accomplish such purposes: Provided, That in the discretion of the Secretary of Agriculture no expenditures shall be made hereunder until the States wherein the European corn borer exists shall have provided necessary regulatory legislation and until a sum or sums adequate to State cooperation shall have been appropriated, subscribed, or contributed by States, county, or local authorities or individuals or organizations: Provided further, That expenditures from this appropriation for any necessary farm clean-up incidental to such eradication or control shall include only such as are, in the judgment of the Secretary of Agriculture, additional to those normal and usual in farm operations: Provided further, That no part of this appropriation shall be used to pay the cost or value of corn or other farm crops or other property injured or destroyed: And provided further, That the Secretary of Agriculture may receive, and shall cover into the Treasury as miscellaneous receipts, any and all moneys authorized by the law of any State to be paid to the United States out of amounts assessed against and collected from any owner of premises who refuses or neglects to carry out State-control requirements, when such moneys represent expenditures made on such premises by the United States under the provisions of this section. (Feb. 9, 1927, ch. 90, 44 Stat. 1065.)

§ 147. Same; additional appropriation.-To enable the Secretary of Agriculture to apply such methods of eradication or control of the European corn borer over such area or areas as in his judgment may be necessary, including the employment of persons and means in the District of Columbia and elsewhere and all other necessary expenses, the sum of $7,000,000 is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be expended in cooperation with such authorities of the States concerned, organizations, or individuals as the Secretary may deem necessary to accomplish such purposes: Provided, That no part of the appropriation herein authorized shall be expended for the purchase of new machinery unless the Secretary of Agriculture deems such expenditure necessary by

reason of an emergency, and in such case an amount not to exceed 1 per centum may be so expended: Provided further, That an amount not to exceed 9 per centum of the appropriation herein authorized may be expended for the employment of persons and means in the District of Columbia and elsewhere and all other necessary expenses other than necessary expenses for farm cleanup incidental to such eradication or control: Provided further, That in the discretion of the Secretary of Agriculture no expenditure shall be made hereunder until the States wherein the European corn borer exists shall have provided necessary regulatory legislation and until a sum or sums adequate to State cooperation shall have been appropriated, subscribed, or contributed by States, county, or local authorities or individuals or organizations: Provided further, That expenditures from the appropriation herein authorized for any necessary farm clean-up incidental to such eradication or control shall include only such as are, in the judgment of the Secretary of Agriculture, additional to those normal and usual in farm operations, and shall not exceed 90 per centum: Provided further, That no part of the appropriation herein authorized shall be used to pay the cost or value of corn or other farm crops or other property injured or destroyed: And provided further, That the Secretary of Agriculture may receive, and shall cover into the Treasury as miscellaneous receipts, any and all moneys authorized by the law of any State to be paid to the United States out of amounts assessed against and collected from any owner of premises who refuses or neglects to carry out State-control requirements when such moneys represent expenditures made on such premises by the United States under the provisions of this section. (May 24, 1928, ch. 734, 45 Stat. 734.)

8 147a. Control and eradication of pests and plant diseases; cooperation of States and farmers' associations; definition of State; rules and regulations; appropriations.-(a) The Secretary of Agriculture either independently or in cooperation with States or political subdivisions thereof, farmers' associations, and similar organizations, and individuals, is authorized to carry out operations or measures to eradicate, suppress, control, or to prevent or retard the spread of Japanese beetle, sweetpotato weevil, Mexican fruitflies, citrus canker, gypsy and brown-tail moth, Dutch elm disease, phony peach and peach mosaic, cereal rusts, corn borer, and pink bollworm and thurberia weevil: Provided, That the Secretary of Agriculture is further authorized to cooperate with the Government of Mexico or local Mexican authorities in carrying out necessary surveys and control operations in Mexico in connection with the eradication, suppression, control, and prevention or retardation of the spread of Mexican fruitflies, and pink bollworm and thurberia weevil.' In performing the operations or measures herein authorized, the cooperating foreign country, State, or local agency shall be responsible for the authority necessary to carry out the operations or measures on all lands and properties within the foreign country or State other than those owned or controlled by the Federal Government and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary. As used in this section, the term "State" includes the District of

Columbia and the Territories and possessions of the United States.

(b) The Secretary of Agriculture is authorized and directed to promulgate such rules and regulations and use such means as he may deem necessary to provide for the inspection of domestic plants and plant products offered for export and to certify to shippers and interested parties as to the freedom of such products from injurious insect pests and plant diseases according to the sanitary requirements of the foreign countries to which such products may be exported.

(c) There are hereby authorized to be appropriated such sums as the Congress may from time to time determine to be necessary to enable the Secretary of Agriculture to carry out the provisions of this section. Unless otherwise specifically authorized, or provided for in appropriations, no part of such sums shall be used to pay the cost or value of property injured or destroyed. (Sept. 21, 1944, ch. 412, title I, § 102, 58 Stat. 735.)

CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944.

§ 148. Control of insect pests and plant diseases. The Secretary of Agriculture, in cooperation with authorities of the States concerned, organizations, or individuals, is authorized and directed to apply such methods for the control of incipient or emergency outbreaks of insect pests or plant diseases, including grasshoppers, Mormon crickets, and chinch bugs as may be necessary. (Apr. 6, 1937, ch. 69, 50 Stat. 57; May 9, 1938, ch. 192, 52 Stat. 344.)

CODIFICATION Act April 6, 1937, cited to text, was originally enacted as one section. Act May 9, 1938, also cited to text, subdivided it into six sections. This section, which formerly contained the whole original act, now contains only section 1. Sections 2-6 are contained in sections 148a-148e of this title.

§ 148a. Same; general administration; personnel; field work, etc.-Any sums which may be appropriated for such purpose shall be available for expenditure for the employment of persons and means in the District of Columbia and elsewhere, printing, rent outside the District of Columbia, general administration and supervision, surveys, and the purchase, transportation, and application of poison bait or materials and equipment for control of insect pests or plant diseases, including grasshoppers, Mormon crickets, and chinch bugs, and for the preparation of such poison bait or materials for application, and such other expenses as may be necessary. (Apr. 6, 1937, ch. 69, § 2, as amended May 9, 1938, ch. 192, 52 Stat. 344.)

See note to section 148 of this title.

8 148c. Control of insect pests and plant diseases; cooperation of States. In the discretion of the Secretary of Agriculture, no part of any sums appropriated to carry out the purposes of sections 148-148e of this title shall be expended for the control of incipient or emergency outbreaks of insect pests or plant diseases in any State until the State concerned has provided the organization or materials and supplies necessary for cooperation with the Federal Government. (Apr. 6, 1937, ch. 69, § 4, as amended May 9, 1938, ch. 192, 52 Stat. 344.)

See note to section 148 of this title.

§ 148d. Same; restrictions on appropriations.—No part of the sums hereinafter authorized to be appropriated shall be used to pay the cost or value of farm animals, farm crops, or other property injured or destroyed. (Apr. 6, 1937, ch. 69, § 5, as amended May 9, 1938, ch. 192, 52 Stat. 344.)

See note to section 148 of this title.

§ 148e. Same; appropriations.—There are hereby authorized to be appropriated annually such sums as may be necessary to carry out the provisions of sections 148-148e of this title. (Apr. 6, 1937, ch. 69, $ 6, as amended May 9, 1938, ch. 192, 52 Stat. 344.)

See note to section 148 of this title.

TICK ERADICATION ON SEMINOLE RESERVATION IN FLORIDA Act July 22, 1942, ch. 516, § 1, 56 Stat. 675, provided in part: "The Secretary of Agriculture, his agent or agents, in cooperation with the duly constituted authorities of the State of Florida, is authorized to conduct tick eradication on the Seminole Indian Reservation in the State of Florida under the provisions of the laws of that State."

§ 149. Regulation, cleaning, etc., vehicles and materials entering from Mexico; administration by Secretary; fees. To prevent the introduction of insect pests and plant diseases the Secretary of Agriculture is authorized and directed to promulgate such rules and regulations as he may deem necessary to regulate the entry into the United States from Mexico of railways cars and other vehicles and freight, express, baggage, and other materials which may carry such pests and to provide for the inspection, cleaning, and, when necessary, disinfection of such vehicles and materials; to carry out the activities required to accomplish this purpose, the Secretary of Agriculture shall use such means as he may deem necessary, including construction and repair of buildings, plants, and equipment for fumigation and disinfection or cleaning of vehicles and materials; the cleaning and disinfection of vehicles or materials necessary to accomplish the purpose shall be carried out by and under the direction of authorized inspectors of the Department of Agriculture, and the Secretary of Agriculture shall make and collect such charge as will cover, as nearly as may be, the average cost of materials, facilities, and special labor used in performing such disinfection, and fees so collected shall be covered into the Treasury of the United States as miscellaneous receipts. (Jan. 31, 1942, ch. 31, 56 Stat. 40.)

DISPOSITION OF MONEYS Department of Agriculture Appropriation Acts July 12, 1943, ch. 215, § 1, 57 Stat. 408; June 28, 1944, ch. 296, § 1, 58 Stat. 440, provided that any moneys received in payment of charges shall be covered into the Treasury as miscellaneous receipts.

Chapter 8.--NURSERY STOCK AND OTHER PLANTS AND

PLANT PRODUCTION § 151. "Person" defined. The word "person" as used in sections 151-154, 156-165, 167 of this title shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. (Aug. 20, 1912, ch. 308, § 11, 37 Stat. 319.)

§ 152. “Nursery stock" defined.--For the purpose of sections 151-154, 156-165, 167 for this title the term "nursery stock" shall include all field-grown florists' stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits, and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots. (Aug. 20, 1912, ch. 308, 8 6, 37 Stat. 317.)

8 153. Liability of principal for act of agent.-When construing and enforcing the provisions of sections 151-154, 156-165, 167 of this title, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person. (Aug. 20, 1912, ch. 308, § 11, 37 Stat. 319.)

§ 154. General restriction on importation of nursery stock; exceptions.—It shall be unlawful for any person to import or offer for entry into the United States any nursery stock unless and until a permit shall have been issued therefor by the Secretary of Agriculture, under such conditions and regulations as the said Secretary of Agriculture may prescribe, and unless such nursery stock shall be accompanied by a certificate of inspection, in manner and form as required by the Secretary of Agriculture, of the proper official of the country from which the importation is made, to the effect that the stock has been thoroughly inspected and is believed to be free from injurious plant diseases and insect pests: Provided, That the Secretary of Agriculture shall issue the permit for any particular importation of nursery stock when the conditions and regulations as prescribed in sections 151-154, 156-165, 167 of this title shall have been complied with: Provided further, That nursery stock may be imported for experimental or scientific purposes by the Department of Agriculture upon such conditions and under such regulations as the said Secretary of Agriculture may prescribe: And provided further, That nursery stock imported from countries where no official system of inspection for such stock is maintained may be admitted upon such conditions and under such regulations as the Secretary of Agriculture may prescribe. (Aug. 20, 1912, ch. 308, § 1, 37 Stat. 315.)

§ 155 Importation for scientific purposes permitted—Any class of nursery stock or of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products of which the im

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