Chap. 119.—An ACT to amend and re-enact sections 871, 872, 874, and 880 of
the Code of Virginia, in relation to the State entomologist and the State
board of crop pest commissioners. [S B 119]

Approved March 8, 1926.

1. . Be it enacted by the general assembly of Virginia, That sec-
tions eight hundred and seventy-one, eight hundred and seventy-two,
eight hundred and seventy-four, and eight hundred and eighty of the
Code of- Virginia be amended and re-enacted so as to read as follows:

Section 871. Board to prepare lists of pests and diseases; publi-
cation; rules under which State entomologist shall investigate, et-
cetera; pests.—The board of crop pest commissioners shall, from time
to time, after due consideration, prepare a list of such dangerously
injurious insect pests and diseases of plants as may properly within
its judgment and the judgment of the State entomologist be controlled
or eradicated, and they shall cause such list to be published, along with
particular specifications as to the nature and appearance of and man-
ner in which the said pests are generally disseminated. The board of
crop pest commissioners shall, at the time, provide rules and regula-
tions under which the State entomologist shall proceed to investigate.
control, eradicate and prevent the dissemination of the said pests as
far as may be possible, and these rules and regulations shall have the
full force and effect of law so far as they conform to this chapter and
the general laws of this State and of the United States; and any per-
son, firm or corporation who fails or refuses to comply with the ord-
ers or directions issued in writing under regulations provided by the
board of crop pest commissioners shall, upon conviction thereof, be
fined not less than ten nor more than one hundred dollars for each
such failure or refusal. All prosecutions under this chapter shall be by
indictment, presentment or information in the circuit court of the
county or corporation court of the city in which the person, firm or
corporation proceeded against is then resident.

Section 872. Quarantine regulations.——The board of crop pest
commissioners shall have power to provide quarantine rules and reg-
ulations concerning the planting, exposing, sale and transportation
of all plants, or parts of plants, within the State. They shall also
have power to provide like rules and regulations in regard to all plants
or parts of plants entering this State from without, and these rules
and regulations shall be enforced by the State entomologist or his
duly authorized assistants.

Section 874. Annual inspection of nursery stock; certificates;
sale of nursery stock brought into State; violation of rules a misde-
meanor.—It shall be the duty of this board to provide for the annual
inspection by the State entomologist or his assistants of all nursery
stock grown within the State prior to October first of each year who
shall issue a certificate of freedom from insect pests and plant diseases
to the owners of all nurseries found entitled to the same, and they
shall further provide regulations under which nursery stock brought
into the State may be sold under the above provided certificates, and
in accordance with the further provisions of this subdivision of this
chapter. It shall be unlawful after the promulgation of the rules and
regulations provided for in this chapter for any person, corporation
or common carrier to transport, by land or water, plants or parts of
plants, in violation of the same, and every such offense shall consti-
tute a misdemeanor and upon conviction thereof the offender shall be
fined not less than fifty dollars nor more than one hundred dollars for
each offense.

Section 880. When State entomologist to inquire into existence
of San Jose scale or potato tuber moth; if either present, what ento-
mologist to do.—Upon a petition signed by ten freeholders of any city,
county or magisterial district, it shall be the duty of the State ento-
mologist in person or by an assistant, to make a preliminary investi-
gation of the locality from which the petition is received, to ascertain
if any trees, plants or parts of plants, be infested with the insect known
as the San Jose scale or with the potato tuber moth. If upon such
preliminary investigation, it shall appear that the San Jose scale or
the potato tuber moth is present in the territory examined, the State
entomologist shall appoint a local inspector, and order a full inspection
of such city, county or magisterial district to discover and locate all
infested premises; and the local inspector shall report the results of
such further inspection to the owners of all infested premises, and to
the board of supervisors of the said county or the city council of said
city, giving the location of all said infested trees, plants or parts of
plants, and the extent of infestation in each case, and make specific
recommendations in accordance with the instructions furnished him
by the State entomologist, which instructions may be printed or
written.