xt7m901zf95q https://exploreuk.uky.edu/dips/xt7m901zf95q/data/mets.xml   Kentucky Agricultural Experiment Station. 1959 journals 157 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.157 text Regulatory series, bulletin. n.157 1959 2014 true xt7m901zf95q section xt7m901zf95q Regulatory Bulletin l57
_ Annual Report Ot
The Kentucky Plant Pest Control Law
And lts Administration
For the Year Ended June 30, l959
Lee l·l. Townsend
Howard G. Tilson
_~i or
$2 9
§ E
Kentucky Agricultural Experiment Station
University of Kentucky

ENDED JUNE 30, 1959
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 busi-
nesses; the licensing of growers, dealers and agents of plants; the con-
trol or eradication of newly introduced plant pests; and the promulgation
of plant pest quarantines.
249.010to 249.990
249.0lO DEFINITIONS. As used in this chapter, unless the context
requires otherwise:
(1) "Co missioner" means the Commissioner of Agriculture, Labor and W
(2) "Department" means the Department of Agriculture, Labor and
(3) "Director" means the Director of the Agricultural Experiment
249.020 (1925a-l; l925a-l0) 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
(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.lOO
(2) The State Entomologist may publish bulletins, circulars and
reports containing information concerning inspections, insects and plant
(3) The rules and regulations and publications shall be printed
from time to time and furnished to interested persons.
The State Entomologist shall, with the advice and consent of the
director and the co missioner, establish and maintain quarantines against
the importation into this state of any trees, plants and parts of plants,

 Plant Pest Control Law Administration, 1958-59 3
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.
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 speci-
fied time the affected articles or premises be disinfected or destroyed
by fire under the direction of the State Entomologist, his deputy or
assistant and at the expense of the owner or possessor.
(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 payment
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 in-
clude the names of nurseries, nurserymen or other persons represented.
If these credentials are satisfactory to the State Entomologist, the
director and the commissioner, the State Entomologist shall issue the
(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.
(1) 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
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.
* Only resident nurserymen and dealers are required to pay the five
dollars license fee.

 4 Regulatory Bulletin No. 157
(2) The owner of the affected nursery shall, within the time speci-
fied, 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.
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
that he believes it to be free from dangerously injurious insects and
fungus enemies. He shall keep in his office, for the information of any-
one interested, copies of all valid certificates issued by him.
Whenever a resident nurseryman 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.
Every nonresident nurseryman or other person intending to ship into
this state trees, plants or parts of plants, whether nursery grown or
not, shall file with the State Entomologist a copy of a valid certifi-
cate from a state or United States Government inspector showing that the
trees, plants or their parts have been inspected and that he is author-
ized to sell and ship or transport them. All packages of 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.
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
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; 1925a-9) PENALTIES.
(1) Any person who violates any of the provisions of KRS 249.020
to 249.100 or hinders the carrying out of any of the provisions of those

 l Plant Pest Control Law Administration, 1958-59 5
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.
(l) 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
(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 dea1er'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 maintain
ith 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
•urseryman or dealer to be represented.
(5) All packages or bundles of nursery stock shipped by co mon
arrier 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 cer-
tificates are furnished without CDSC. Fees shall accompany application.
·pplication blanks may be obtained from the State Entomologist.
(8) Nonresident nurserymen shall file copies of their state cer-
tificate and secure nonresident permits. Every package of nursery
tock coming into Kentucky shall have a valid inspection certificate
:ttached to the package. Nonresident nurserymen, dealers and agents
hall carry their Kentucky permits when soliciting orders or delivering
wursery stock in Kentucky.
(9) All certificates and permits automatically expire June 30
following date of issuance.
Nursery stock includes all trees, shrubs, vines; roses, strawberry,
·aspberry and blackberry plants; herbaceous perennial plants and roots;
>rass "plugs", "sprigs" and sod; ornamental bulbs, corms, tubers and

 6 Regulatory Bulletin No. 157
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.
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
before shipments are made. Only three states require filing fees,
except under special conditions, that are noted in a table which follows.
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 100 tags); Florida ($3.24 per 100 tags); and New Mexico ($1.25 per
100 tags).
A special tag should be secured and attached to each bundle of
nursery stock shipped to any of the three states listed.

 Plant Pest Control Law Administration 1958-59 7
State of
Origin Nurseryman's Agent's Special Posted
State Certificate Filing Fee Fee Tag Bond
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 $1000
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
Massachusetts Yes None None No None
Michigan Yes $15 or $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 $10003
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 $$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
lSecure special permit and instruction from officer in charge before
making shipment.
2For nurserymen who operate through agents.
3For nurserymen who promise maintenance.

 8 Regulatory Bulletin No. 157
Alabama ....... B. P. Livingston, Chief, Division of Plant In-
dustry, State Department of Agriculture and
Industries, P. 0. Box 220, Montgomery l
Alaska . . . . . . . Hon. James W. Wilson, Commissioner of Agriculture,
P. O. Box 1828, Palmer
Arizona .... . . . W. T. Mendenhall, State Entomologist, P. 0. Box
6246, Phoenix
Arkansas . . . . . . Paul H. Millar, Chief Inspector, State Plant
Board, Little Rock
California . . . . . A. P. Messenger, Chief, Bureau of Plant Quaran-
tine, State Department of Agriculture, Sacra-
mento 14
Canada . . . . . . . W. N. Keenan, Chief, Division of Plant Protection,
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 1106, New Haven 4
Delaware . . . . . . W. R. Hickman, Nursery Inspector, State Board 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 Co missioner, State
Plant Board, Gainesville
Georgia . . . . . . . W. E. Blasingame, Director of Entomology, State
Capitol, Atlanta 3
Hawaii . . . . . . . William C. Look, Chief Plant Inspector, Board of
Commissioners of Agriculture and Forestry,
P. 0. Box 2520, Honolulu 4
Idaho . . . ..... Leland Fife, Director, Bureau of Plant Industry,
State Department of Agriculture, Boise
Illinois . . . . . . H. F. Seifert, Horticultural Inspection Super-
visor, Room 300, Professional Arts Building, Glen
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
of Agriculture and Home Economics, University of
Kentucky, Lexington

 _ Plant Pest Control Law Administration, 1958-59 9
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 In-
dustry, State Department of Agriculture, P. 0.
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 In-
dustry, State Department of Agriculture,
Trenton 8
New Mexico .... . Dallas Rierson, Director, Regulatory Activities,
College of Agriculture and Mechanic Arts, State
New York . . . . . . Edwin W. Kirk, Director, Bureau of Plant Indus-
try, State Department of Agriculture and Markets,
Albany l
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
College, Box 2438, Fargo
Ohio . . . . . . . . John Baringer, Chief, Division of Plant Industry,
State Department of Agriculture, Columbus 15
Oklahoma ...... Clyde A. Bower, Director, Division of Entomology
and Plant Industry, Oklahoma State Board of
Agriculture, Oklahoma City 5
Oregon . . . . . . . Frank McKennon, Chief, Division of Plant Indus-
try, State Department of Agriculture, Agricultural
Building, Salem

 10 Regulatory Bulletin No. 157
Pennsylvania .... Dr. T. L. Guyton, Director, Bureau of Plant
Industry, State Department of Agriculture,
Puerto Rico . . . . . Luis A. Catoni, Director, Plant Quarantine
Service, Department of Agriculture and Commerce,
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 . . . L. H. Senn, Entomologist, State Crop Pest Com-
mission, Clemson
South Dakota . . . . Warren Miller, Director, Division of Plant In-
dustry, 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 Quaran-
tine, 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 Con-
trol, 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 Depart-
ment of Agriculture, 448 West Washington Avenue,
Madison 3
Wyoming . . . . . . . Everett Spackman, State Entomologist, State
Department of Agriculture, Cheyenne
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.
The requirements of Federal Quarantine Number 38 are summarized as
follows: (l) The eradication states BYE: 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 mahober-
beris, in any variety, can be shipped interstate (to any state) only

 Plant Pest Control Law Administration, 1958-59 ll
under certificate issued by the Plant Pest Control Branch; (3) Appli-
cation for Federal certificate must be filed in duplicate not later than
May l5 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 inter-
state 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 barberry, mahonia
and mahoberberis are designated as rust resistant:
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 . . . . . . . . . . . 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 . . . . . . . . . ------
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
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. thggbgrgi atrogurpurea erecta . ------
B. thunbergi atropurpurea nana . . ------

 12 Regulatory Bulletin No. 157
Berberis arido-calida
B. thunbergi erecta ....... Truehedge Columnberry
B. thunbergi "globe" . ...... - ---—-
B. thunbergi "golden" . . . . . . -—----
B. thunbergi maximowiczi . . . . . Coral Japanese Barberry
B. thunbergi minor ........ Box Barberry
B. thunbergi pluriflora ..... Flame Barberry
B. thunbergi "thorn1ess" ..... - ·-—--
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. aqui-sargentiae . . . . .... - -----
M. miethkeana ..... . . . . . ------
Mahonia aguifolium Oregongrape Mahonia
M. bealei . . . . . . . . . . . . Leatherleaf Mahonia
M. compacta . . . ...... . . —-—--·
M. dictyota . . . ..... . . . Netvein Mahonia
M. fortunei . . . . . . . . . . . Chinese Mahonia
M. lomarifolia .... . . . . . . ----—-
M. nervosa ............ Cascades Mahonia
M. pinnata . . . . . ...... . Cluster Mahonia
M. repens . . .......... Creeping Mahonia
Under provisions of Federal Quarantine Number 37 certain limita-
tions are placed under 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.
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 suc-
cess. Certain classes of plants permitted entry under quarantine 37 are
required to be grown by the importer under post entry inspection regu-
lations. Such plants are not released to the trade until such time as
their freedom from plant diseases and insect pests has been established.
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

 Plant Pest Control Law Administration, 1958-59 13
for such time as appears necessary. When their freedom from pests and
diseases has been established, the plants under quarantine are released.
Oak wilt disease (Endoconidiophora fagacearum) is now well estab-
_ lished in the woodlands of Eastern 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
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 com on 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 a wound 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
new disease finds have been along highways and other heavily traveled
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 pre-
venting 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,
Ashville, North Carolina.

 14 Regulatory Bulletin No. 157
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.
Kentucky is fortunate in having a well organized Department of
Forestry under the capable supervision of experienced men. Mr. Gene L.
Butcher, State Forester, and Mr. Harry Nadler, in charge of Forestry
Management, are well aware of the potential dangers of oak wilt disease
and have set up a well coordinated program of survey and control. They
do not consider oak wilt a disaster problem but one which is potentially
serious and will require long range planning.
The area of heaviest oak wilt disease infection in Kentucky is
located in Breathitt and Perry Counties. Since the first oak wilt
diseased tree was found in Greenup County in 1950, the entire state has
been surveyed. The disease seems to be fairly widespread in the
eastern parts of the state but comparatively rare in Western Kentucky.
Much work is yet to be done before officials can predict the future of
oak wilt 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
Com onwealth 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