Chap. 306.—An ACT to amend and re-enact Section 879 of the Code of Virginia,
relating to the inspection of certain plants and the issuance of certain inspec-
tion certificates, so as, among other things, to authorize, under certain condi-
tions, certain plants to be shipped into Virginia under certificates not issued in
Virginia and to authorize the Commissioner of Agriculture and Immigration
to seize, treat or otherwise safely to dispose of, or to cause to be so seized,
treated or disposed of, certain infected or infested plants and materials; and
further to amend the Code of Virginia by adding thereto two new sections,
numbered 870-a and 882-a, defining the terms “nursery” and “nursery stock”,
heretofore defined by Rules and Regulations, and authorizing the Commis-
sioner of Agriculture and Immigration to enter into certain reciprocal agree-
ments. [H B 437]

Approved March 30, 1942

1. Be it enacted by the General Assembly of Virginia, That section
eight hundred and seventy-nine of the Code of Virginia be amended and
re-enacted and that the said Code be further amended by adding thereto
two new sections, designated sections eight hundred and seventy-a and
eight hundred and eighty-two-a, as follows:

Section 870-a. Certain terms defined.—

(a) As used in this chapter, unless the context clearly requires
otherwise, the term “nursery” means any grounds or premises on or in
which nursery stock is propagated or grown for sale or distribution, in-
cluding any grounds or premises on or in which nursery stock is being
fumigated, treated, packed or stored, or otherwise prepared or offered
for sale or movement to other localities.

(b) As used in this chapter, unless the context clearly requires
otherwise, the term “nursery stock” includes the following: all trees,
shrubs, and woody vines, including ornamentals, bush fruits, grape vines,
fruit trees, and nut trees, whether cultivated, native, or wild, and all buds,
grafts, scions, and cuttings from such plants. It shall also include such
herbaceous plants, including strawberry plants, narcissus plants, and
narcissus bulbs as the Commissioner of Agriculture and Immigration
shall declare to be so included whenever he considers it necessary to con-
trol the movement of such plants or bulbs on account of any destructive
insect or plant disease. Florists’ or greenhouse plants for inside culture
or use, unless so declared by the Commissioner of Agriculture and Im-
migration as herein authorized, shall not be considered nursery stock,
except that all woody plants, whether greenhouse or field grown, if for
outside planting, are hereby defined as nursery stock.

Section 879. Unlawful to deliver, knowingly transport or ship un-
inspected nursery stock; certificate to be attached ; violation of section a
misdemeanor.—

(a) It shall be unlawful to deliver, knowingly transport or ship
within this State, plants or parts of plants commonly known as nursery
stock which have not been duly inspected in accordance with the pro-
visions of this chapter and which do not carry plainly attached to each
carload, truck load, box, bale and package, an inspection certificate, issued
as authorized in section eight hundred and seventy-four, or to deliver,
ship, send or knowingly bring any such nursery stock into this State
cos. 306, 307] ACTS OF ASSEMBLY 491

‘rom any place outside thereof unless there is attached to each carload,
ruck load, box, bale and package, in a conspicuous place, a valid certifi-
-ate of inspection, issued by the proper official of the state, territory, dis-
‘rict, or country from which it is shipped, sent or brought, showing that
such nursery stock was found to be free from destructive insects and plant
diseases.

Nursery stock brought into the State under an inspection certificate,
as above authorized, may be sold and moved under the certificate of a
certified and registered Virginia nurseryman or dealer. ,

Any person, firm or corporation who or which violates any pro-
vision of this subsection is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than twenty-five nor more than fifty dollars.

(b) The Commissioner of Agriculture and Immigration, in order
to prevent the introduction or dissemination of dangerous insects and plant
diseases, is hereby authorized, either by himself or by his duly appointed
agents, to stop delivery, to seize, to treat or to order returned to point of
origin, at the owner’s expense, any nursery stock or any article or ma-
terial whatsoever transported or moved within this State or brought into
this State from any place outside thereof if such nursery stock, article or
material is found by him or his duly authorized agents to be infested or
infected with any dangerous insect or plant disease, whether or not there
is attached a certificate of inspection, as provided in subsection (a) of this
section.

Section 882-a. Reciprocal agreements.—The Commissioner of Ag-
riculture and Immigration may enter into reciprocal agreements with the
responsible officers of other states under which nursery stock owned by
nurserymen or dealers of such states may be sold or delivered in this State
without the payment of a Virginia registration fee, provided like privileges
are accorded to Virginia nurserymen or dealers by such other states.