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identification, who has probable cause to believe that any person coming into the United States, or any vehicle, receptacle, boat, ship, or vessel, coming from any country or countries or moving interstate, possesses, carries, or contains any nursery stock, plants, plant products, or other articles the entry or movement of which in interstate or foreign commerce is prohibted or restricted by the provisions of sections 151-154, 156-165, 167 of this title, or by any quarantine or order of the Secretary of Agriculture issued or promulgated pursuant thereto, shall have power to stop and without warrant, to inspect, search, and examine such person, vehicle, receptacle, boat, ship, or vessel, and to seize, destroy, or otherwise dispose of, such nursery stock, plants, plant products, or other articles found to be moving or to have been moved in interstate commerce or to have been brought into the United States inviolation of sections 151-154, 156-165, 167 of this title or of such quarantine or order. (Aug. 20, 1912, ch, 308, § 10, as added May 1, 1928, ch. 462, 45 Stat. 468.)
$ 165. Federal Horticultural Board.
Functions of Federal Horticultural Board created by this section, act August 20, 1912, ch. 308, § 12, 37 Stat. 319, were devolved upon Plant Quarantine and Control Administration and an Advisory Federal Plant Quarantine Board similar in composition to Federal Horticultural Board was created by act May 16, 1928, ch. 572, 45 Stat. 565. This Advisory Board was abolished by act March 3, 1933, ch. 203, 47 Stat. 1463. See section 165a of this title.
§ 165a. Federal Horticultural Board; function transferred to Plant Quarantine and Control Administration. The functions of the Federal Horticultural Board shall devolve upon and be exercised by the Plant Quarantine and Control Administration. (May 16, 1928, ch. 572, 45 Stat. 565; Mar. 3, 1933, ch. 203, 47 Stat. 1463.)
Advisory Federal Plant Quarantine Board, originally established by act May 16, 1928, cited to text, was abolished by act March 3, 1933, cited to text.
$ 166. State terminal inspection; transmission of mailed packages for State inspection; nonmailable matter; punishment for violations; rules and regulations by Postmaster General.—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 opinon of said officials should be subject to terminal inspection in order to prevent the introduction 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 payment of postage therefor, be forwarded by the postmaster at the destination of said package to the proper State official at the nearest place where inspection is maintained. If the plants or plant products (including seed) are found upon inspection to be free from injurious
pests and not in violation of a plant-quarantine law or plantquarantine regulation of the United States Department of Agriculture or of the State of destination pertaining to such 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 forward to the person to whom they are addressed; but if found to be infected with injurious pests and incapable of satisfactory disinfection or in violation of a plant-quarantine law or plant-quarantine regulation of the United States Department of Agriculture or of the State of destination pertaining to such injurious pests, the State inspector shall so notify the postmaster at the place of inspection who shall promply 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.
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 addressed to any place within a State maintaining inspection thereof, as herein defined, without plainly 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 by a fine of not more than $100.
The Postmaster General is hereby authorized and directed to make all needful rules and regulations for carrying out the purposes hereof. (Mar. 4, 1915, ch. 144, 38 Stat. 1113; June 4, 1936, ch. 495, 49 Stat. 1461.)
§ 167. Provision relating to District of Columbia regarding shipment, inspection, seizure, destruction, etc., of plants, etc.; punishment.-Prohibition against shipment generally.-In order further to control and eradicate and to prevent the dissemination of dangerous plant diseases and insect infections and infestations no plant or plant products for or capable of propagation, including nursery stock, hereinafter referred to as plants and plant products, shall be moved or allowed to be moved, shipped, transported, or carried by any means whatever into or out of the District of Columbia, except in compliance with such rules and regulations as shall be prescribed by the Secretary of Agriculture as hereinafter provided.
Eradication by owner.-Whenever the Secretary of Agriculture, after investigation, shall determine that any plants and plant products in the District of Columbia are infested or infected with insect pests and diseases and that any place, articles, and substances used or connected therewith are so infested or infected, written notice shall be given by him to the owner or person in possession or control thereof, and such owner or person shall forthwith control or eradicate and prevent the dissemination of such insect pest or disease and shall remove, cut, or destroy such infested and infected plants, plant products, and articles and substances used or connected therewith, which are hereby declared
So in original. Probably should read “forwarded."
to be nuisances, within the time and in the manner required in said notice or by the rules and regulations of the Secretary of Agriculture.
Eradication by Secretary of Agriculture.—Whenever such owner or person cannot be found, or shall fail, neglect, or refuse to comply with the foregoing provisions of this section, the Secretary of Agriculture is hereby authorized and required to control and eradicate and prevent dissemination of such insect pest or disease and to remove, cut, or destroy infested or infected plants and plant products and articles and substances used or connected therewith, and the United States shall have an action of debt against such owner or persons for expenses incurred by the Secretary of Agriculture in that behalf.
Inspection.—Employees of the Plant Quarantine and Control Administration are hereby authorized and required to inspect places, plants, and plant products and articles and substances used or connected therewith whenever the Secretary of Agriculture shall determine that such inspections are necessary for the purposes of this section.
Entry upon premises; opening packages ; destruction of plants, etc.—For the purpose of carrying out the provisions and requirements of this section and of the rules and regulations of the Secretary of Agriculture made hereunder, and the notices given pursuant thereto, employees of the Plant Quarantine and Control Administration shall have power with a warrant to enter into or upon any place and open any bundle, package, or other container of plants or plant products whenever they shall have cause to believe that infections or infestations of plant pests and disease exist therein or thereon, and when such infections or infestations are found to exist, after notice by the Secretary Agriculture to the owner or person in possession or control thereof and an opportunity by said owner or person to be heard, to destroy the infected and infested plants or plant products contained therein.
Search warrants.—The Police Court or the Municipal Court of the District of Columbia shall have power, upon information supported by oath or affirmation showing probable cause for believing that there exists in any place, bundle, package, or other container in the District of Columbia any plant or plant product which is infected or infested with plant pests or disease, to issue warrants for the search for and seizure of all such plants and plant products.
Rules and regulations.-It shall be the duty of the Secretary of Agriculture, and he is hereby required, from time to time, to make and promulgate such rules and regulations as shall be necessary to carry out the purposes of this section, and any person who shall move or allow to be moved, or shall ship, transport, or carry, by any means whatever, any plant or plant products from or into the District of Columbia, except in compliance with the rules and regulations prescribed under this section, shall be punished, as is provided in section 163 of this title. (Aug. 20, 1912, ch. 308, § 15, as added May 31, 1920, ch. 217, 41 Stat. 726; May 16, 1928, ch. 572, 45 Stat. 565.)
Chapter 8A.-RUBBER § 171. Program for development of guayule and other rubberbearing plants.—The Secretary of Agriculture (hereinafter called the “Secretary') is authorized
(1) To acquire by purchase, license, or other agreement, the right to operate under processes or patents relating to the growing and harvesting of guayule or the extraction of rubber therefrom, and such properties, processes, records, and data as are necessary to such operation, including but not limited to any such rights owned or controlled by the Intercontinental Rubber Company, or any of its subsidiaries, and all equipment, materials, structures, factories, real property, seed, seedlings, growing shrub, and other facilities, patents and processes of the Intercontinental Rubber Company, or any of its subsidiaries, located in California, and for such rights, properties, and facilities of the Intercontinental Rubber Company or any of its subsidiaries, the Secretary is authorized to pay not to exceed $2,000,000;
(2) To plant, or contract for the planting of, not in excess of five hundred thousand acres of guayule in areas in the Western Hemisphere where the best growth and yields may be expected in order to maintain a nucleus planting of guayule to serve as a domestic source of crude rubber as well as of planting material for use in further expanding guayule planting to meet emergency needs of the United States for crude rubber; to establish and maintain nurseries to provide seedlings for field plants; and to purchase necessary equipment, facilities, land for nurseries and administrative sites and water rights;
(3) To acquire by lease, or other agreement, for not exceeding ten years, rights to land for the purpose of making plantings of guayule; to acquire water rights; to erect necessary buildings on leased land where suitable land cannot be purchased; to make surveys, directly or through appropriate Government agencies, of areas in the Western Hemisphere where guayule might be grown; and to establish and maintain records indicating areas to which guayule cultivation could be extended for emergency production;
(4) To construct or operate, or to contract for the operation of, factories for the extraction of rubber from guayule, and from Chrysothamnus, commonly known as rabbit brush; to purchase guayule shrub; and to purchase, operate, and maintain equipment for the harvesting, storing, transporting, and complete processing of guayule, and Chrysothamnus, commonly known as rabbit brush, and to purchase land as sites for processing plants;
(5) To conduct studies, in which he may cooperate with any other public or private agency, designed to increase the yield of guayule by breeding or by selection, and to improve planting methods; to make surveys of areas suitable for cultivating guayule; to make experimental plantings; and to conduct agronomic tests;
(6) To conduct test, in which he may cooperate with any other public or private agency, to determine the qualities of rubber obtained from guayule and to determine the most favor
able methods of compounding and using guayule in rubber manufacturing processes;
(7) To improve methods of processing guayule shrubs and rubber and to obtain and hold patents on such new processes;
(8) To sell guayule or rubber processed from guayule and to use funds so obtained in replanting and maintaining an area not in excess of five hundred thousand acres of guayule inside the Western Hemisphere; and
(9) To exercise with respect to rubber-bearing plants other than guayule the same powers as are granted in the foregoing provisions of this section with respect to guayule. (Mar. 5, 1942. ch. 140, § 1, 56 Stat. 126, as amended Oct. 20, 1942, ch. 617, SS 1-4, 56 Stat. 796, 797.)
AMENDMENTS 1942—Par. (2) was amended by act Oct. 20, 1942, § 1, cited to text, which inserted words "five hundred” in lieu of “seventy-five", and words “land for nurseries and administrative sites and water rights" in lieu of words "and land for nurseries."
Par. (3) was amended by act Oct. 20, 1942, § 2, cited to text, by inserting the words “to acquire water rights; to erect necessary buildings on leased land where suitable land cannot be purchased;".
Par. (4) was amended by act Oct. 20, 1942, § 3, cited to text, by inserting the words “to purchase guayule shrub;”.
Par. (8) was amended by act Oct. 20, 1942, § 4, cited to text, by inserting the words "not in excess of five hundred" in lieu of words "of seventyfive".
ADDITIONAL ACREAGE AUTHORIZED Act of Oct. 26, 1942, ch. 629, title II, 56 Stat. 1002, provided in part as follows: "The Secretary of Agriculture, in connection with the appropriations herein and heretofore made for such project, is authorized to plant, or contract for the planting of, not to exceed twenty-five thousand acres of gua yule in areas in the Western Hemisphere in addition to the acreage permitted under the provisions of paragraph (1), section 1, of the Act of March 5, 1942 (Public Law 473) (par. (i) of this section.)”
§ 172. Same; appointment of employees; delegation of powers; cooperation with other agencies; allotment of funds; leases of facilities and disposal of water.-(a) The Secretary is authorized to appoint such employees, including citizens of other countries, as may be necessary for carrying out the provisions of this chapter. Such appointments may be made without regard to the provisions of the civil-service laws, and the compensation of the persons so appointed may be fixed without regard to the provisions of sections 661-673 and 674 of Title 5. (Sections 321 to 324, inclusive, and sections 325a of Title 40 of the United States Code (1940 edition), shall not apply to any nursery, planting, cultivating or harvesting operations conducted pursuant to this chapter.) All appointments so made by the Secretary shall be made only on the basis of merit and efficiency.
(b) The Secretary may delegate any of the powers and duties conferred on him by this chapter to any agency or bureau of the department of Agriculture.
(c) The Secretary, with the consent of any board, commission, independent establishment, corporation, or executive department of the Government, including any field service thereof, may avail himself of the use of information, services, facilities, officers and employees thereof, in carrying out the provisions of this chapter.