CHAPTER 594

AN ACT to amend and reenact §§ 3-151, 3-154, 3-155, 3-158, 3-159, 3-160,
8-161, 3-164, 8-171 and 3-172 of the Code of Virginia, relating to the
inspection, control and eradication of certain tree and crop pests, so
as to define “plant pest’ and provide a means of its control and
eradication.

[S 235]

Approved March 29, 1958
Be it enacted by the General Assembly of Virginia that §§ 3-151,

3-154, 3-155, 3-158, 3-159, 3-160, 3-161, 3-164, 3-171 and 3-172 of the Code
of Virginia be amended and reenacted as follows:
1. § 3-151. (a) As used in this article, unless the context clearly re-
quires otherwise, the term “nursery” means any grounds or premises on
or in which nursery stock is propagated or grown for sale or distribution,
including 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 article, unless the context clearly requires other-
wise, the term “nursery stock” includes 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 shall declare to be so included whenever he con-
siders it necessary to control the movement of such plants or bulbs on
account of any destructive insect, plant pest or plant disease. Florists’
or greenhouse plants for inside culture or use, unless so declared by the
Commissioner 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.

(c) As used in this article, unless the context clearly requires other-
wise, the term “plant pest” includes, and shall mean, any living stage of:
Any insects, mites, nematodes, slugs, snails, protozoa, or other inverte-
brate animals, bacteria, fungi, other parasitic plants or reproductive
parts thereof, viruses, or any organisms similar to or allied with any of
the foregoing, or any infectious substances, which can directly or in-
directly injure or cause disease or damage in any plants or parts thereof,
or any processed, manufactured, or other products of plants.

§ 3-154. The Commissioner and/or the Virginia Agricultural Ex-
periment Station shall, from time to time, after due consideration, pre-
pare a list of such dangerously injurious insect pests, plant pests and
diseases of plants as may properly within his 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 manner in which the pests are generally
disseminated.

§ 3-155. The * Board shall, at the same time the list required by
the preceding section is prepared, provide rules and regulations under
which the State Entomologist shall proceed to investigate, control,
eradicate and prevent the dissemination of the insect pests, plant pests
and plant diseases as far as may be possible, and these rules and regula-
tions 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.
Any person, firm or corporation who fails or refuses to comply with the
orders or directions issued in writing under regulations provided by the *
Board shall, upon conviction thereof, be fined not less than ten nor more
than one hundred dollars for each such failure or refusal.

§ 3-158. Any owner of florist’s stock or other herbaceous plants
which he wishes to ship into another state or country may apply to the
Commissioner for an inspection of the same with reference to the
presence of insect pests, plant pests or plant diseases liable to prevent
the acceptance of such plants in such state or county, agreeing in his
application to pay in full the expenses of the inspection, and upon receipt
of such application and agreement, or as soon thereafter as may be con-
veniently practicable the Commissioner may comply with such request,
and upon receipt of the expenses of the inspection, it shall issue to the
applicant a certificate to the facts disclosed.

§ 3-159. Whenever the Commissioner and/or the Virginia Agri-
cultural Experiment Station shall find that there exists outside of this
State any insect pest, plant pest or plant diseases, and that in order to
safeguard plants and plant products in this State its introduction into
this State should be prevented, the Commissioner shall give public notice
thereof, specifying the plant and plant products infested or infected, or
likely to become infested or infected therewith, and the movement of such
plant or plant product into this State from the infested or infected
locality designated in the public notice shall thereafter be prohibited until
the Commissioner and/or the Virginia Agricultural Experiment Station
shall find that the danger of the introduction into this State of such insect
pests, plant pests or plant diseases from such locality has ceased to exist,
of which the Commissioner shall give public notice.

§ 3-160. Whenever the Commissioner and/or the Virginia Agri-
cultural Experiment Station shall find that there exists in this State, or
any part thereof, any insect pest, plant pest or plant disease, and that
its dissemination should be controlled or prevented, the Commissioner
shall give public notice thereof, specifying the plant and plant products
infested or infected, or likely to become infested or infected therewith,
and movement, planting or other use of any such plant or plant product
or other thing or substance specified in such notice as likely to carry and
disseminate such insect pest, plant pest or plant disease, shall be pro-
hibited within such area as shall be designated in such public notice,
except under such conditions as shall be prescribed by the Commissioner
as to inspection, treatment, and disposition, and such prohibition shall
continue in force until the Commissioner shall give public notice with-
drawing the same.

§ 8-161. The * Board shall have power to provide quarantine rules
and regulations concerning the planting, exposing, sale and transportation
of all plants, or parts of plants, within the State. * The Board 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 au-
thorized assistants.

§ 3-164. It shall be the duty of the Commissioner 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.
The State Entomologist shall issue a certificate of freedom from insect
pests, plant pests, and plant diseases to the owners of all nurseries found
entitled to the same. The Commissioner shall further provide regulations
under which nursery stock, and any other plants brought into the State
may be sold under the above provided certificates, and in accordance with
the further provisions of this article.

§ 3-171. 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 provisions
of this article and which do not carry plainly attached to each carload,
truck load, box, bale and package, an inspection certificate, issued as au-
thorized in § 3-164, or to deliver, ship, send or knowingly bring any such
nursery stock into this State from any place outside thereof unless there
is attached to each carload, truck load, box, bale and package, in a con-
spicuous place, a valid certificate of inspection, issued by the proper official
of the state, territory, district, or country from which it is shipped, sent or
brought, showing that such nursery stock was found to be free from
destructive insects, plant pests 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 provision
of this section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than twenty-five nor more than fifty dollars.

§ 3-172. The Commissioner, in order to prevent the introduction or
dissemination of dangerous insects, plant pests 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 material what-
soever 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, plant pests or plant disease, whether or not
there is attached a certificate of inspection, as provided in § 3-171.