xt74tm71wr5k https://exploreuk.uky.edu/dips/xt74tm71wr5k/data/mets.xml   Kentucky Agricultural Experiment Station. 1960 journals 163 English Lexington. Contact the Special Collections Research Center for information regarding rights and use of this collection. Kentucky Agricultural Experiment Station Regulatory series, bulletin. n.163 text Regulatory series, bulletin. n.163 1960 2014 true xt74tm71wr5k section xt74tm71wr5k Regulatory Bulletin l63
Annual Report Ot
The Kentucky Plant Pest Control Law
And Its Administration
For the Year Ended June 30, l96O I
Lee H. Townsend
A and
Howard G. Tilson
i i \’l OF
msi
Kentucky Agricultural Experiment Station
University of Kentucky
Lexington

 
 ~~ ANNUAL REPORT OF
THE KENTUCKY PLANT PEST CONTROL LAW
AND ITS ADMINISTRATION, FOR THE YEAR
ENDED JUNE 30, 1960
by
Lee H. Townsend and Howard G. Tilson
Herein is reproduced as it appears on the statute books the
Kentucky law relating to the inspection of nurseries and other plant
growing businesses; the licensing of growers, dealers and agents of
plants; the control of eradication of newly introduced plant pests;
and the promulgation of plant pest quarantines.
KENTUCKY REVISED STATUTES - SECTIONS
249.010 to 249.990
249.010 DEFINITIONS. As used in this chapter, unless the context
requires otherwise:
» (l) "Commissioner" means the Commissioner of Agriculture, Labor
and Statistics.
(2) "Department" means the Department of Agriculture, Labor and
Statistics. l
(3) "Director" means the Director of the Agricultural Experiment
Station. ~
249.020 (l925a·l; 1925a-10) STATE ENTOMOLOGIST: ASSISTANT.
(l) The Entomologist and Botanist of the Agricultural Experiment
Station shall be the State Entomologist.
(2) The State Entomologist shall serve without pay other than his
salary as an officer of the Agricultural Experiment Station. He shall
be paid his traveling expenses.
(3) The State Entomologist shall appoint a deputy entomologist
and assistants.
` 249.030 (l925a—l; 1925a-l0) ENTOMOLOGIST MAY MAKE RULES AND
PUBLISH DATA.
(l) The State Entomologist, with the advice and consent of the .
director and the commissioner, may prescribe, modify and enforce rules,
regulations and orders needed to carry out KRS 249.020 to 249.100.
(2) The State Entomologist may publish bulletins, circulars and
reports containing information concerning inspections, insects and
plant diseases.
- (3) The rules and regulations and publications shall be printed
from time to time and furnished to interested persons.
249.040 (l925a—l) ESTABLISHMENT OF QUARANTINES. '
The State Entomologist shall, with the advice and consent of the
director and the commissioner, establish and maintain quarantines

 4 Regulatory Bulletin No. l63
against the importation into this state of any trees, plants and parts
of plants, whether nursery grown or not, from any state or from any
county within the state where such plants or parts of plants are known
to be affected with dangerous insect pests or plant diseases. He shall
designate in announcements of quarantine the area quarantined, whether
it constitutes a part of this state or some other state.
249.050 (1925a-2) INSPECTION OF ARTICLES AND PREMISES: DISEASED
PLANTS TO BE DESTROYED.
Whenever the State Entomologist or his deputy has reason to believe
or is credibly informed that at any place within the state there has
been introduced or offered for sale trees, plants or parts of plants
infected or infested with diseases or destructive pests that are likely
to spread, he shall investigate the suspected articles and premises.
» If they are found so infested or infected, he shall notify the owner
or possessor, in writing, of the nature of the infestation, specifying
the insects or diseases that have been found and demand that within a
reasonable specified time the affected articles or premises be dis-
infected or destroyed by fire under the direction of the'State
Entomologist, his deputy or assistant and at the expense of the owner
or possessor.
249.060 (l925a-8) NURSERIES, DEALERS AND AGENTS TO BE LICENSED.
(l) Every resident nursery or agency selling nursery stock in
this state shall annually file credentials with the State Entomologist.
If these credentials are satisfactory to the State Entomologist, the
director and the commissioner, the State Entomologist shall upon pay-
ment of a fee of five dollars by the nursery or agency issue it a
license authorizing it to do business in the state.
(2) Every nonresident nursery and every agent, dealer or seller
of trees representing nonresident nurseries or dealers shall annually
file credentials with the State Entomologist. These credentials shall
include the names of nurseries, nurserymen or other persons represented.
If these credentials are satisfactory to the State Entomologist, the
director and the com issioner, the State Entomologist shall issue the
1icense.*
(3) Any person soliciting orders for or delivering trees or
plants in this state shall carry with him a copy of his license from
this state, which he shall show to prospective buyers, purchasers,
county officials or agents of the State Entomologist on demand.
249.070 (l925a—3; 1925a-4) ENTOMOLOGIST T0 INSPECT NURSERIES AND
ORDER DESTRUCTION OF PESTS. SHIPM NT OF AFFECTED STOCK PROHIBITED.
(l) All nurseries where trees, vines, plants or other nursery
stock are grown and offered for sale shall be inspected by the State
Entomologist or by his assistant once each year. He shall notify the
owners of such nurseries, in writing, of the presence of any San Jose
* Only resident nurserymen and dealers are required to pay the five
dollars license fee. '

 Plant Pest Control Law Administration, 1959-60 5
A scale or other dangerous pests on the stock of these nurseries and
shall also notify, in writing, the owner of any affected nursery stock
to take such measures on or before a certain day for the destruction of
insect or fungus enemies of nursery stock as have been shown to be
effectual.
(2) The owner of the affected nursery shall, within the time
specified, take such steps for the destruction of injurious insects or
fungus enemies present as will exterminate them.
(3) No person shall ship or deliver any such nursery stock
affected with insects or fungus enemies before treatment.
249.080 (l925a—5) ENTOMOLOGIST TO ISSUE CERTIFICATE FOR STOCK
FREE FROM INSECTS AND FUNGUS. _
When the State Entomologist examines any trees, vines, plants or
other nursery stock and finds the stock free from dangerously injurious
insects and fungus enemies, he shall make out and deliver to the owner
of the stock a certificate stating that he has inspected the stock and
p that he believes it to be free from dangerously injurious insects and
fungus enemies. He shall keep in his office, for the information of
anyone interested, copies of all valid certificates issued by him.
249.090 (l925a-6) SHIPMENTS TO BE ACCOMPANIED BY INSPECTION
" CERTIFICATES. ‘
Whenever a resident uurseryman or seller of trees, vines, plants
or other nursery stock ships or delivers such goods, he shall send on
each package so shipped or delivered a printed copy of the certificate
issued to him by the State Entomologist stating that the stock has been
inspected as required by law and is believed to be free from
dangerously injurious insect or fungus enemies.
249.100 (1925a-7) NONRESIDENTS TO FILE AND IMPORTED PLANTS TO
BEAR INSPECTION CERTIFICATES. ‘
Every nonresident nurseryman or other person intending to ship
A into this state trees, plants or parts of plants, whether nursery
n grown or not, shall file with the State Entomologist a copy of a valid
certificate from a state or United States Government inspector showing
that the trees, plants or their parts have been inspected and that he
is authorized to sell and ship or transport them. All packages of l
trees, plants or parts of plants shall bear a copy of a certificate of
inspection from an official inspector. Transportation companies within
the state shall notify the State Entomologist at once when any such
trees or plants are received by them without a valid certificate.
— Nursery stock or other trees, plants or parts of plants shipped into
this state in violation of a state or United States Quarantine may be
seized and destroyed or returned to the shipper at the expense of the
owner or possessor.
I 249.200 (42g-l; 42g-2) JAPANESE BEETLE CONTROL.
The State Entomologist shall adopt and carry out such measures as
he deems advisable to protect crops from the ravages of the Japanese

 6 Regulatory Bulletin No. 163
beetle (Popillia japonica). He may employ help, purchase materials and
enforce such regulations as in his descretion are necessary to
accomplish the purpose.
249.990 (42f-4; 200; 1923; l925a—4; l925a-9) PENALTIES.
(l) Any person who violates any of the pr¤v1s1¤¤s of KRS 249.020
to 249.100 or hinders the carrying out of any of the provisions of
those sections shall be fined not less than twenty-five dollars nor
more than five hundred dollars.
(2) Any fine imposed for a violation of subsection (3) of KRS
249.070 may be recovered in the county in which the nursery is situated
or the county to which the nursery stock is shipped.
SUM ARY OF REQUIREMENTS OF KENTUCKY
NURSERY INSPECTION LAW
(1) It shall be unlawful to sell or offer for sale uninspected or
uncertified nursery stock. A certificate of inspection indicates free-
dom from certain injurious insects and plant diseases but does not
vouch for trueness to variety nor for grade and conditions of any
nursery stock.
(2) Growers of nursery stock for sale or shipment shall apply in
writing before June l of each year to the State Entomologist, Kentucky
Agricultural Experiment Station, Lexington, for inspection services.
(3) Every dealer in nursery stock shall secure a nursery dealer's
permit. Before this is issued, however, he must furnish an affidavit
that he will buy and sell only stock that is certified and will main-
tain with the State Entomologist a correct and complete list of all
sources from which he gets his stock. Landscape architects and tree
movers who handle nursery stock are classified as dealers.
(4) Every person who solicits orders for nursery stock shall
obtain and carry an agent's permit which is secured only upon request
of the nurseryman or dealer to be represented.
(5) All packages or bundles of nursery stock shipped by common
carrier must have attached a copy of the inspection certificate or
permit.
(6) Certificates and permit may be revoked for cause.
(7) Fees shall be paid as follows: Inspection certificate, $5;
dealer's permit, $5. Agents' permits and nonresident nurserymen's
certificates are furnished without cost. Fees shall accompany appli-
cation. Application blanks may be obtained from the State Entomologist.
(8) Nonresident nurserymen shall file copies of their state
certificate and secure nonresident permits. Every package of nursery ¥
stock coming into Kentucky shall have a valid inspection certificate
attached to the package. Nonresident nurserymen, dealers and agents

 - Plant Pest Control Law Administration, 1959-60 7
V shall carry their Kentucky permits when soliciting orders or delivering
nursery stock in Kentucky.
(9) All certificates and permits automatically expire June 30
following date of issuance.
'NURSERY STOCK" DEFINED
Nursery stock includes all trees, shrubs, vines; roses, strawberry,
V raspberry and blackberry plants; herbaceous perennial plants and roots;
_ grass “plugs", "sprigs" and sod; ornamental bulbs, corms, tubers and
rhizomes; and any part of the above groups of plants capable of dissemi-
nating injurious insects and plant diseases. For regulatory purposes
the term "Nursery Stock" includes all plants which grow out of doors
and live more than one year, whether nursery grown or native.
REQUIREMENTS FOR SHIPM NT OF NURSERY STOCK
INTO OTHER STATES
A summary of the major requirements for shipping nursery stock
into other states is given on the following page. It will be noted
that most states require the out-of—state shipper to file a copy of his
[ nursery inspection certificate with the proper administrative authority
L before shipments are made. Only three states require filing fees,
except under special conditions, that are noted in a table which
follows.
I Special shipping tags are required by the following states and
will be furnished by them at a nominal cost to the shippers: Arkansas
($2 per lOO tags); Florida ($3.24 per lOO tags); and New Mexico ($1.25
per lOO tags).
A special tag should be secured and attached to each bundle of
nursery stock shipped to any of the three states listed.

 8 Regulatory Bulletin No. 163
State of I
Origin Nurseryman's Agent's Special Posted
State Certificate Filing Fee Fee Tag Bond
Filed
Alabama Yes Reciprocal $1 No None
Arizona No None None No None
Arkansas Yes Reciprocal $1 Yes Reciprocal
California No None None No None
Canada Yes None None Yesl None
Colorado Yes None None No None
Connecticut No None None No None
Delaware Yes None None No None
Florida Yes None None Yes 'None
Georgia Yes Reciprocal $1 No None
Idaho Yes $5 to $15 $1 No $1,000
Illinois Yes None None No None
Indiana Yes None $1 ‘No None
Iowa Yes Reciprocal None No None
Kansas Yes Reciprocal None No None
Kentucky Yes None None No None
Louisiana No None None No None
Maine Yes None None No None .
Maryland Yes Reciprocal None No None f
Massachusetts Yes None None No None `
Michigan Yes $15 or Rec? $1 No None
Minnesota Yes Reciprocal Reciprocal No None
Mississippi Yes Reciprocal None · No None
Missouri Yes None None No None
Montana Yes $5 to $25 $25 No None
Nebraska Yes Reciprocal $1 No None
Nevada No None None No None
New Hampshire No None None No None
New Jersey Yes Reciprocal None No None
New Mexico Yes $10 $25 Yes None
New York Yes None None No None
North Carolina Yes Reciprocal None No $1,0003
North Dakota Yes Reciprocal None No None
Ohio Yes Reciprocal $1 No None
Oklahoma Yes Reciprocal $1 No None
Oregon No None $1 No None
Pennsylvania Yes None None No None
Rhode Island Yes None None No None
South Carolina Yes None None No None
South Dakota Yes Reciprocal $1 No None
Tennessee Yes Reciprocal Reciprocal No $5,0003
Texas Yes Reciprocal None No None
Utah Yes $102 None No None
Vermont No None None No None
Virginia No Reciprocal Reciprocal No None
Washington No Reciprocal $1 ‘ No None
West Virginia Yes None $1 No None
Wisconsin Yes None None No None _
Wyoming Yes Reciprocal None No None
Secure special permit and instruction from officer in charge before
making shipment.
2For nurserymen who operate through agents.

 " Plant Pest Control Law Administration, l959-60 9
PLANT QUARANTINE OFFICIALS OF
. THE STATES, TERRITORIES,
DISTRICT OF COLUMBIA,
CANADA, AND M XICO
Alabama ....... B. P. Livingston, Chief, Division of Plant
Industry, State Department of Agriculture and
Industries, P. 0. Box 220, Montgomery l
Alaska ....... Hon. James W. Wilson, Commissioner of Agri-
- culture, P. O. Box 1828, Palmer
Arizona ....... W. T. Mendenhall, State Entomologist, P. O. Box
6246, Phoenix
Arkansas ...... Carter Seymour, Head, Plant Pathology and
Entomology Division, State Plant Board, Little
Rock
California ..... A. P. Messenger, Chief, Bureau of Plant Quaran-
tine, State Department of Agriculture,
Sacramento 14
Canada ....... W. N. Keenan, Chief, Division of Plant Protec-
tion, Department of Agriculture, Ottawa, Ontario
` Colorado ...... F. Herbert Gates, State Entomologist, Bureau of
Plant and Insect Control, 3130 State Museum,
. Denver ll
Connecticut ..... Nealy Turner, State Entomologist, Agricultural
Experiment Station, Box llO6, New Haven 4
Delaware ...... W. R. Hickman, Nursery Inspector, State Board
A of Agriculture, Dover
District of Columbia. P. X. Peltier, Plant Quarantine Division, U. S.
Department of Agriculture, Washington 25
Florida ....... Dr. W. G. Cowperthwaite, Plant Commissioner,
State Plant Board, Gainesville
Georgia ....... W. E. Blasingame, Director of Entomology, State
Capitol, Atlanta 3
Hawaii ....... William C. Look, Chief Plant Inspector, Board
A of Commissioners of Agriculture and Forestry,
P. O. Box 2520, Honolulu 4
Idaho ........ Leland Fife, Director, Bureau of Plant Industry,
r State Department of Agriculture, Boise
Illinois ...... H. F. Seifert, Horticultural Inspection Super-
visor, Room 300, Professional Arts Building,
Glen Ellyn
Indiana ....... John J. Favinger, State Entomologist, 3ll West
Washington Street, Indianapolis 9
- Iowa ..... .. . . Dr. H. M. Harris, State Entomologist, 251
_ Science Building, Iowa State College, Ames
Kansas, North .... Dr. Herbert Knutson, State Entomologist, State
College of Agriculture, Manhattan
South .... Dr. Charles D. Michener, State Entomologist,
University of Kansas, Lawrence
Kentucky ...... Dr. Lee H. Townsend, State Entomologist, College
I of Agriculture and Home Economics, University
of Kentucky, Lexington

 10 Regulatory Bulletin N0. 163
Louisiana ...... E. A. Cancienne, State Entomologist, State
Department of Agriculture and Immigration, Box
4153, Capitol Station, Baton Rouge 4
Maine ........ Paul Eastman, Chief, Division of Plant Industry,
. State Department of Agriculture, Augusta
Maryland ...... Dr. George S. Langford, State Entomologist,
University of Maryland, College Park
Massachusetts .... Quincy S. Lowry, Assistant Director, Division
of Plant Pest Control and Fairs, 41 Tremont
Street, Boston 8
Mexico ....... Ing. Benjamin Cortina Carmona, Director General
de Defensa Agricola, Balderas Num. 94, Mexico
D. F.
Michigan ...... C. A. Boyer, Chief, Bureau of Plant Industry,
State Department of Agriculture, Lansing 13
Minnesota ...... W. M. Anderson, Acting Director, Bureau of
Plant Industry, State Department of Agriculture,
Dairy and Food, University Farm, St. Paul l
Mississippi ..... Dr. R. E. Hutchins, Entomologist, State Plant
Board, State College
Missouri ...... Julius R. Anderson, State Entomologist, State
Department of Agriculture, Jefferson City
Montana ....... R. O. Young, Chief, Division of Horticulture,
State Department of Agriculture, Labor and
Industry, Missoula
Nebraska ...... C. J. Walstrom, State Entomologist, Bureau of
Plant Industry, State Department of Agriculture
and Inspection, Lincoln 9
Nevada ....... Lee M. Burge, Director, Division of Plant
Industry, State Department of Agriculture, P.O.
Box 1027, Reno
New Hampshire .... Dr. J. G. Conklin, State Entomologist, Insect
and Plant Disease Suppression and Control,
State Department of Agriculture, Durham
New Jersey ..... Frank A. Soraci, Director, Division of Plant
lndustry, State Department of Agriculture,
Trenton 8
New Mexico ..... Dallas Rierson, Director, Regulatory Activities,
College of Agriculture and Mechanic Arts, State
College
New York ...... Edwin W. Kirk, Director, Bureau of Plant Indus-
try, State Department of Agriculture and
Markets, Albany 1
North Carolina . . . Dr. C. H. Brannon, State Entomologist, State
Department of Agriculture, Raleigh
North Dakota .... Dr. James R. Dogger, State Entomologist, Depart-
ment of Entomology, North Dakota Agricultural
I College, Box 2438, Fargo
Ohio ........ John Baringer, Chief, Division of Plant lndustry,
State Department of Agriculture, Columbus l5
Oklahoma ...... Clyde A. Bower, Director, Division of Entomology _
and Plant Industry, Oklahoma State Board of `
Agriculture, Oklahoma City 5

 Plant Pest Control Law Administration, 1959-60 ll
Oregon ....... Frank McKennon, Chief, Division of Plant
Industry, State Department of Agriculture,
Agricultural Building, Salem
Pennsylvania .... Dr. T. L. Guyton, Director, Bureau of Plant
Industry, State Department of Agriculture,
Harrisburg
Puerto Rico ..... Luis A. Catoni, Director, Plant Quarantine
A Service, Department of Agriculture and Com-
merce, San Juan
Rhode Island .... Alvin J. Lannon, Chief, Division of Entomology
" and Plant Industry, State Department of Agri-
culture and Conservation, State House,
' Providence 2
South Carolina . . . J. H. Cochran, State Entomologist, State Crop
Pest Commission, Clemson
South Dakota .... Warren Miller, Director, Division of Plant
l Industry, Department of Agriculture, Pierre
Tennessee ...... Howard L. Bruer, State Entomologist and Plant
Pathologist, Department of Agriculture, 410
State Office Building, Nashville 3
Texas ........ Charles Chapman, Chief, Division of Plant
Quarantine, State Department of Agriculture,
Austin
` Utah ........ Earl Hutchings, State Supervising Inspector,
State Department of Agriculture, Salt Lake City
Vermont ....... John W. Scott, Director, Division Plant Pest
Control, State Department of Agriculture,
Montpelier
Virginia ...... C. R. Willey, State Entomologist and Director
Division of Plant Industry, lll2 State Office
Building, Richmond 19
Washington ..... William H. Shaw, Supervisor of Horticulture,
. State Department of Agriculture, Olympia
West Virginia .... F. Waldo Craig, Entomologist, State Department
of Agriculture, Charleston 5
Wisconsin ...... E. L. Chambers, State Entomologist, State
Department of Agriculture, 448 West Washington
Avenue, Madison 3
Wyoming ....... Everett Spackman, State Entomologist, State
I Department of Agriculture, Cheyenne
- W INTERSTATE SHIPMENT OF BARBERRY
} AND MAHONIA RESTRICTED
Federal Quarantine Number 38, because of Black Stem Rust, was
amended by the Secretary of Agriculture to become effective February ll,
1950. Among the important changes in regulations are: (l) the elimi-
nation of the requirement to place a special permit tag on each package
of barberry, mahonia or mahoberberis shipped interstate; (2) shipments
of seeds and fruits of approved species and varieties when produced
within the eradication states can be moved under certificate only if
going to another eradication state. Seed or fruit produced outside the
eradication states cannot be shipped into any of the eradication states.

 l2 Regulatory Bulletin No. 163
The requirements of Federal Quarantine Nu ber 38 are sum arized as
follows: (l) The eradication states are: Colorado, Illinois, Indiana,
Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North .
Dakota, Ohio, Pennsylvania, South Dakota, Virginia, Washington, West
Virginia, Wisconsin and Wyoming; (2) Barberry, mahonia and mahoberberis,
in any variety, can be shipped interstate (to any state) only under
certificate issued by the Plant Pest Control Branch; (3) Application I
for Federal certificate must be filed in duplicate not later than May 15
each year with the Quarantine Division of Plant Disease Control,
Washington 25, D. C.; (4) Only species and varieties known to be rust
resistant and approved by the Branch will be acceptable for certifi-
cation. The list of approved species and varieties is revised from
time to time as new varieties prove to be resistant to stem rust.
Species and varieties not known to be resistant to rust cannot be
shipped interstate and growers who have such rust susceptible species
will be required to destroy them before permits to ship approved
varieties are granted; (5) The following species and varieties of bar-
berry, mahonia and mahoberberis are designated as rust resistant:
SCIENTIFIC NAM  I COM ON NAME
Berberis ariod-calida
B. beaniana ........... Bean's Barberry
B. buxifolia .......... ·. Magellan Barberry
B. buxifolia nana ........ Dwarf Magellan Barberry
B. calliantha .......... — —---—
B. candidula ........... Paleleaf Barberry
B. chenaulti ........... Chenault Barberry
B. circumserrata ......... Cutleaf Barberry
B. concinna ......... n. . Dainty Barberry
B. darwini ............ Darwin Barberry
B. formosana ........... — -----
B. franchetiana ......... - -----
B. gagnepaini .......... Black Barberry
B. gilgiana ........... Wildfire Barberry
B. horvathi ........... - ----—
B. hybrido-gagnepaini ...... False Black Barberry
B. insignis ........... - -—~-—
B. julianae ........... Wintergreen Barberry
B. koreana ............ Korean Barberry
B. lempergiana .......... - —---- ,
B. lepidifolia .......... - -----
B. linearifolia ......... - L ---- ~
B. linearifolia var. Orange King . Jasperbells Barberry _ `
B. lologensis .......... - -----
B. manipurana .......... — ----—
B. pallens ............ Pallid Barberry
B. potanini ........... Longspine Barberry
B. renton ............ - —---—
B. replicata ........... Curlleaf Barberry
B. sanguinea ........... Red-pedicel Barberry `
B. sargentiana .......... Sargent Barberry
B. stenophylla .......... Rosemary Barberry

 /
'iw Plant Pest Control Law Administration, l959-60 13
SCIENTIFIC NAME COMMON NAME
I Berberis ariod—calida
B. stenophylla diversifolia . . . —-----
B. stenophylla gracilis ..... — —----
B. stenophylla irwini . ..... Irwin Barberry
B. Stenophylla nana compacta . . . Coralina Barberry
_ B. telomaica artisepala ..... - --—--
B. thunbergi D. C ......... Japanese Barberry
B. thunbergi atropurpurea .... Redleaf Japanese Barberry
B. thunbergi atropurpurea erecta . —----—
B. thunbergi atropurpurea nana . . ------
B. thunbergi erecta ....... Truehedge Columnberry
B. thunbergi "globe“ ....... - —----
B. thunbergi "golden" ...... — -----
_ B. thunbergi maximowiczi ..... Coral Japanese Barberry
B. thunbergi minor ........ Box Barberry
1 B. thunbergi pluriflora ..... Flame Barberry
B. thunbergi "thornless" ..... - -——--
B. thunbergi "variegata" ..... - -----
, B. thunbergi xanthocarpa ..... — -——--
B. triacanthorphora ....... Threespine Barberry
B. verruculosa .......... Warty Barberry
* B. virgatorum .......... - ---——
B. workingensis ......... - —----
B. xanthoxylon hort ....... — ---—-
Mahoberberis agui-candidula
M. Agui-sargentiae ........ - ---—-
1 M. miethkeana .......... - ---—-
Mahonia aguifolium Oregongrape Mahonia
M. bealei ............ Leatherleaf Mahonia
M. compacta ........... - -----
M. dictyota ........... Netvein Mahonia
A M. fortunei ........... Chinese Mahonia
M. lomarifolia .......... - -----
M. nervosa ............ Cascades Mahonia
M. pinnata ............ Cluster Mahonia
. M. repens ............ Creeping Mahonia
PLANT IMPORTATION
_ Under provisions of Federal Quarantine Number 37 certain limita-
tions are placed on the importation of plants and seeds from foreign
countries. Anyone wishing to import nursery stock, plants or seeds
must first obtain a permit from the Plant Quarantine Branch, U.S.D.A.,
209 River Street, Hoboken, New Jersey. In applying for a permit to
import plant material the following information is required: (a) The
name and location of the producer from whom the plants or seeds are to
be secured; (b) the name and address of the person or firm to which
the seeds or plants are to be shipped; (c) the number and genus of
the plants or seeds for which the permit is desired.

 14 Regulatory Bulletin No. 163 *
All restricted plants imported under the conditions listed above
are limited in size and age to the youngest and smallest which can be
successfully freed from soil about their roots, transported to the
United States and established in this country with a reasonable degree
of success. Certain classes of plants permitted entry under quarantine
37 are required to be grown by the importer under post entry inspection
regulations. Such plants are not released to the trade until such time
as their freedom from plant diseases and insect pests has been estab-
lished. The plants are therefore grown for one or more years in a
place where the state inspector may have access to them for inspection
purposes for such time as appears necessary. When their freedom from
pests and diseases has been established, the plants under quarantine
are released.
OAK WILT _
Oak wilt disease (Endoconidiophora fagacearwm) is now well estab-
lished in the woodlands of Kentucky. The disease is caused by a fungus
organism that can be identified by plant pathologists in one to two
year old vascular tissue from infected trees.
Varieties of the red and black groups seem to become infected with
oak wilt more readily than white and burr oaks, although all species
and varieties of oaks are susceptible to the disease.
The first symptoms in the red and black oaks are shown by the
appearance of leaves on the upper branches. They show dull light green
color and curl upward. Later the leaves may turn yellow or reddish
brown before falling. All leaves may fall within a month after first
symptoms occur. In white and burr oaks the disease develops more
slowly with one or more branches near the top showing disease symptoms
first.
Spread of the disease from diseased to healthy trees within native
stands of oaks can occur through natural root grafts or unions. During
recent years it has been proven that certain insects are capable of
carrying the disease from tree to tree and that even squirrels might
possibly spread the disease. '
As the oak wilt fungus develops under the bark of infected trees,
fungus cushions or mats are formed. These mats enlarge and thicken,
thereby creating sufficient pressure to crack the bark and separate it
from the wood. As soon as the cracks are formed they are invaded by
several species of sap beetles known as Nitidulids. These beetles, as
well as the common fruit flies, are attracted by the characteristic odor
of the fungus. After crawling over the fungus mats and becoming contami-
nated with spores of the fungus, the insects move on to other trees and
wherever there is avnund in the tree the contaminated insect is capable
of bringing the spores of oak wilt into contact with the sap wood of
uninfected oaks, thereby starting`new infections. ·
There seems to be some association between the long distance spread
of oak wilt and the activities and travel of man since so many of the

 · Plant Pest Control Law Administration, 1959-60 15
new disease finds have been along highways and other heavily traveled
· lanes.
Oak wilt is known to occur in Arkansas, Illinois, Indiana, Iowa,
Kansas, Kentucky, Minnesota, Maryland, Michigan, Missouri, Nebraska,
North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia
and Wisconsin. Nurserymen, foresters and all others interested in
preventing the loss of oaks should be on the alert for this trouble.
Samples of twigs from oaks showing symptoms of the disease should be
sent to the Southeastern Forest Experiment Station, Federal Building,
» Asheville, North Carolina.
Six twigs or branches about six to eight inches long and one-half
to one inch in diameter are best for laboratory examination. The twigs
should be alive or just recently dead but not completely dry. Do not
_· send leaves, dead branches or decayed wood. The twigs should be tied
in a bundle, wrapped in paper so as to prevent excessive drying but
~ should not be wrapped in wet moss or cotton. Labels should be attached
‘ in such a manner as to couple the laboratory report with the tree from
which the twigs were taken.
The oak wilt survey and control program in Kentucky is under the
supervision of the Kentucky Division of Forestry, Department of Con—
_ servation. In its annual report on."Oak Wilt in Kentucky" some
interesting and encouraging figures are given. Since 1951 a total of
54 counties have had oak wilt but in 1959 only 35 of these counties
had centers of oak wilt infection. Oak wilt centers of infection
‘ decreased from 67Q in 1958 to 549 in 1959. This progress was reported
along with an increase in areal survey. All oaks identified as oak
wilt infected have been removed and the stumps chemically treated.
This method has been proved as the most effective in cutting down
spread of the disease.
ELM PHLOEM NECROSIS AND DUTCH ELM DISEASE
Elm phloem necrosis has occurred in several localities in Kentucky
. over a period of ten years or more. Dutch elm disease is of much more
° recent occurrence having been found in only a few localities within the
Commonwealth within the past five or six years. Although no cure is
known for these maladies, measures can be taken to protect healthy
trees from infection.
Dutch elm disease or phloem necrosis should be suspected whenever
_ elm foliage suddenly wilts and the dry, dead leaves adhere to the
branches or when the leaves of an entire branch or the top turn yellow
and fall prematurely. To further identify the diseases, cut through
the bark at ground level, or below, and pry the bark from the wood so
{ the inner bark will show. If the inner bark surface is yellow or
butterscotch in color, phloem necrosis is indicated, If a portion of
the inner bark is confined in a bottle or the closed hands for a few
* minutes, a faint odor of wintergreen can be detected from phloem-
necrosis-diseased bark.

 16 Regulatory Bulletin No. 163
To test for Dutch elm disease remove several small branches having '
wilted, yellow or dying leaves. If the cross sections where cuts are
made show several brown spots or discolorations in one or more annual
rings of wood, the trouble is probably Dutch elm disease.
Both diseases ar