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Saturday, M a rch 5,1949
Sec.
301.38-11

Shipments for experimental and scientific purposes.

A u t h o r i t y : 301.38 through 801.38-11 Is sued under sec. 9, 37 Stat. 318; 7 U. S. C. 162.
QUARANTINE

301.38 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 and having held the public hearing required thereunder, the Secretary of Agriculture quarantines each and every State of the, continental United States and the Dis trict of Columbia, to prevent establish ment of continuous local sources of in fection of the dstructive disease of small grains known as the black stem rust Puccinia graminis in grain-growing areas. Hereafter, plants of berberis, mahonia, or mahoberberis, or parts thereof capable of propagation, shall not be transported by any person, firm, or corporation, from any State of the United States or the District of Columbia into any other State of the United States or the District of Columbia in manner or method or under conditions other than those prescribed in the regulations here inafter made and amendments thereto;
Provided, That the provisions of this quarantine and of the regulations sup plemental hereto, as they apply to the interstate movement of regulated plants and parts thereof capable of propaga tion from or between the eradication States, as defined in. 301.38-1 e , are hereby conditioned upon such regulation by such States of the intrastate move ment of such plants and parts thereof and the enforcement thereof and upon such enforcement of other control and sanitation measures as may be required of them by the Secretary of Agriculture and as shall be adequate to prevent the planting or growing in such States of berberis, mahonia, and mahoberberis plants not known to be resistant to tiie disease: Provided further, That when ever the Chief of the Bureau of En tomology and Plant Quarantine shall find that facts exist as to the pest risk in volved in the movement of one or more of the species of plants to which the regulations supplemental hereto apply, making it safe to modify, by making less stringent, the restrictions contained in such supplemental regulations, he shall set forth and publish sch finding in ad ministrative instructions, specifying the manner, in which the applicable regula tions should be made less stringent, whereupon such modification shall be come effective for such period and for such plants or parts thereof capable of propagation as shall be specified in said administrative instructions, and every reasonable effort shall be made to give publicity to such administrative instruc tions throughout the affected States.
REGULATIONS

FEDERAL REGISTER
b Barberry, mahonia, and mahoberberis plants. Plants or parts of plants capable of propagation other than seeds and fruits of any species, horticultural variety, or hybrid within the genera Ber beris, Mahonia, and Mahoberberis.
c Barberry, mahonia, and mahober beris seeds and fruits. Seeds and fruits of any species, horticultural variety, or hybrid within the genera Berberis, Ma honia, and Mahoberberis..
d Rst-resistant plants. The spe cies or horticultural varieties within the genera Berberis, Mahonia, and Mahober beris that have been designated by the Chief of the Bureau of Entomology and Plant Quarantine in administrative in structions as being resistant to the black stem rust.
e Eradication States. Those States in which barberry, mahonia, and maho berberis plants susceptible to the black stem rust are being eradicated through cooperative effort, and which are desig nated as eradication States in the regu lations supplemental to this quarantine or amendments thereof.
f Inspector. An inspector of the United States Department of Agriculture authorized to enforce Federal plant quarantines.
g Inspection. Inspection by an in spector of the United States Department of Agriculture.
h Chief of the Bureau. Chief of the Bureau of Entomology and Plant Quar antine.
i Moved m o v e , m o v e m e n t .
Shipped, carried, transported, moved, allowed to be moved, or received for transportation or transported by a com mon carrier, from one State of the United States or the District of Columbia into or through any other State or the Dis trict o f Columbia. Move" and move ment shall be construed accordingly.
j Permit. An official document au thorizing the interstate movement of regulated products.
301.38-2 Regulated area. The entire United States, including the District of Columbia, is hereby designated as the regulated area..
301.38-3 Eradication States. The following States in which barberry, ma honia, and mahoberberis plants suscep tible to black stem rust are being eradi cated through cooperative effort are designated as eradication States: Colo rado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, Pennsyl vania, South Dakota, Virginia, Washing ton, West Virginia, Wisconsin, and Wyoming.
301.38-4 Regulated products. Plants, seeds, fruits, and other parts of plants capable of propagation of all species, horticultural varieties, and hybrids of barberry, mahonia, and mahoberberis, exclusive of mahonia cuttings for deco rative purposes, are designated as regu lated products.

301.38-1 Definitions. For the pur poses of the regulations in this subpart the following words, names, and terms 301.38-5 Designation of rust-resistshall have the meanings hereby assigned;
ant plants. The Chief of the Bureau is a Black stew, rust. The disease com authorized and directed to designate, in monly known as the black stem rust of administrative instructions supplemental grains Puccinia graminis in any stage to the regulations in this subpart, the of development.
species or horticultural varieties within
1001
the genera berberis, mahonia, and mahoberberis that, on the basis of evi dence satisfactory to him, are determined to be resistant to black stem rust.
301.38-6 Conditions of movement a Barberry, mahonia, and mahober beris plants. 1 Movement is prohibited of barberry, mahonia, and mahoberberis plants other than those designated as rust-resistant, except that parts of ma honia plants without roots intended, for decorative purposes are hereby exempted from the requirements of the regulations in this subpart.
2 Rust-resistant barberry and ma hoberberis plants of two seasons growth, and rust-resistant mahonia plants of one seasons growth may be moved when labeled and accompanied by a permit issued in compliance with the regulations in this subpart.
b Barberry, mahonia, and mahober beris seeds and fruits. 1 Movement of seeds and fruits of barberry, mahonia, and mahoberberis plants into the eradi cation States is prohibited from any point outside thereof.
2 Seeds and fruits of barberry, ma honia, and mahoberberis plants may be moved between or from the eradication States, provided they are obtained from rust-resistant plants growing in such States and are accompanied by permits issued in compliance with the regula tions in this subpart.
3 Seeds and fruits of barberry, ma honia, and mahoberberis may be moved between States other than the eradica tion States without permits. Plants pro duced from such seeds may be moved only in compliance with the regulations in this subpart, and growers should rec ognize this in selecting seed sources.
301.38-7 Conditions governing the issuance of permits a Barberry, ma honia, and mahoberberis plants. 1
Permits will be issued to nurserymen for movement of rust-resistant plants and parts thereof capable of propagation other than seeds and fruits after de termination by an inspector that no plants other than those which are rustresistant are growing in the nursery or in the environs thereof. I f barberry, mahonia, or mahoberberis plants not designated as rust-resistant are found in the nursery or in the environs thereof permits will be withheld until such plants have been eliminated to the satisfaction of the inspector. Permits will not be is sued for the movement of rust-resistant barberry or mahoberberis plants until after two seasons of growth or of rustresistant mahonia plants until after one season of growth.
2 Permits will be issued to dealers for movement of rust-resistant barberry, mahonia, or mahoberberis plants when the inspector has determined to his satis faction that all the plants handled by the dealer are produced by nurserymen who have been issued permits to move plants under the regulations in this subpart.
jb Barberry, mahonia, and mahober beris seeds and fruits. Permits may be issued for movement between or from the eradication States of barberry, mahonia, and mahoberberis seeds and fruits produced within such States after determination that they have been ob-