xt7stq5r9g37 https://exploreuk.uky.edu/dips/xt7stq5r9g37/data/mets.xml   Kentucky Agricultural Experiment Station. 1949 journals 075 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.75 text Regulatory series, bulletin. n.75 1949 2014 true xt7stq5r9g37 section xt7stq5r9g37 Regulatory Bulletin 75 September, 'I949
Some Items of Interest to
Kentucky Nurserymen
I For the Year Ended June 30, 1949
By W. A. Price
and `
Howard G. Tilsan
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_ Kentucky Agricultural Experiment Station
University of Kentucky
Lexington

 CONTENTS
Page
Kentucky Revised Statutes—Seetions 249.010 to 249.990 ................................ 3
Summary of Requirements of Kentucky Nursery Inspection Law .................... 6
“Nursery Stock" Defined ...................................................................................... 7
Requirements for Shipment of Nursery Stock into Other States ........................ 7
Plant Quarantine Officials ...................................................................................... 9
Local Pests .............................................................................................................. 14
Inspection Requirements for Certain Classes of Nursery Material .................... 16
Kentucky Nurserymen who Received Certificates of Inspection
1948-49 ............................................................................................................ 18
Nursery Dealers ,..................... . .................................................................,............. 20
Nonresident Nurseries ............................................................................................ 22
Agents of Non-Resident Nursery ................ J ......................................................... 29

 SOME ITEMS OF INTEREST TO KENTUCKY NURSERYMEN,
. FOR THE YEAR ENDED JUNE 30, `I949
i By W. A. Price and Howard C. Tilson
The Kentucky Nursery Inspection Law, since its enactment in
1926, has been revised and is herein reproduced as it appears upon
the statute books. ·
KENTUCKY REVISED STATUTES-SECTIONS
249.010 to 249.990
· 249.010 DEFINITIONS. As used in this chapter, unless the co11-
text requires otherwise:
, (1) “Commissioner” means the Commissioner of Agriculture, La-
. bor and Statistics.
(2) “Department” means the Department of Agriculture, Labor
and Statistics.
(3) “Director” means the Director of the Agricultural Experiment
Station.
249.020 (1925a-1; 1925a-10) STATE ENTOMOLOGIST; ASSIST-
ANT. (1) The Entomologist and botanist of the Agricultural Ex-
periment 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 (1925a-1; 1925a-10) ENTOMOLOCIST MAY MAKE
RULES AND PUBLISH DATA. (1) 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 (1925a-1) ESTABLISHMENT OF QUAHANTINES. The
State Entomologist shall, with the advice and consent of the director
and the commissioner, establish and maintain quarantines against
the importation into this state, of any trees, plants and parts of plants,
whether nursery-grown or not, from any state or fromany county
within the state, where such plants or parts of plants are known to
3

 · 4 Regulatory Bulletin 75
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. I
249.050 (1925a-2) INSPECTION OF ARTICLES AND PREM-
ISES: 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 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.
249.060 (1925a-8) NURSERIES, DEALERS AND AGENTS TO
BE LICENSED. (I) Every resident nursery or agency selling nur- >
sery stock in this state shall annually file credentials with the State
Entomologist. If these credentials are satisfactory to the State En-
tomologist, 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.
  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 repre-
sented. If these credentials are satisfactory to the State Entomologist,
the director and the commissioner. the State Entomologist shall issue
the license.°
(3) .·\ny 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 offi- °
eials or agents of the State Entomologist on demand.
249.070 (1925:1-3; 1925a-4) ENTOMOLOCIST TO INSPECT
NURSERIES AND ORDER DESTRUCTION OF PESTS: SHIP-
BIENT OF AFFECTED STOCK PROHIBITED. (1) All nurseries
where trees. vines. plants or other nursery stock are grown and of-
fered for sale. shall be inspected by the State Entomologist or by his
° Only resident nurserymen and dealers are required to pay the five dollar
license fee.

 Inspection of Nursery Stock, 1948-49 5
assistant, once each year. He shall notify the owners of such nurseries,
‘ in writing, of the presence of any San ]ose 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 af- .
fected with insects or fungus enemies, before treatment.
249.080 (1925a-5) ENTOMOLOCIST TO ISSUE CERTIFI-
CATE FOR STOCK FREE FROM INSECTS AND FUNCUS. 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 infor-
mation of anyone interested, copies of all valid certificates issued
by him. `
249.090 (1925a-6) SHIPMENTS TO BE ACCOMPANIED BY
INSPECTION CERTIFICATES. 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 Entomolo-
gist, stating that the stock has been inspected as required by law and n
is believed to be free from dangerously injurious insect or fungus
enemies.
249.100 (1925a-7) NONRESIDENTS TO FILE, AND IM-
PORTED PLANTS TO BEAR, INSPECTION CERTIFICATES.
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 certificate
from a state or United States Covernment inspector showing that '
the trees, plants or their parts have been inspected and that he is
authorized to sell and ship or transport thcm. 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

 6 Regulatory Bulletin 75
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—1; 42g—2) IAPANESE 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; 1925a—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
sections shall be fined not less than twenty-five dollars nor more
than five hundred dollars. 1
(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.
SUMMARY 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 condition of any
nursery stock.
(2) Growers of nursery stock, for sale or shipment, shall apply
_ in writing before ]une 1st 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 deaIer’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
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 ob-
tain and carry an agent’s permit which is secured only upon request
of thc nurseryman or dealer to be represented.

 Inspection of Nursery Stock, 1948-49 7
(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 permits 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 Entomolo-
gist.
(8) Nonresident nurserymen shall file copies of their state cer-
tificates and secure nonresident permits. Every package of nursery 1
stock coming into Kentucky shall have a valid inspection certificate
attached to the package. Nonresident nurserymen, dealers, and
agents 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,
raspberry and blackberry plants; herbaceous perennial plants and
roots; ornamental bulbs, corms, tubers and rhizomes; and any part
of the above groups of plants capable of disseminating 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 SHIPMENT OF NURSERY STOCK
INTO OTHER STATES
I 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 requires the out-of—state shipper to file a copy of his nur-
sery inspection certiflcate with the proper administrative authority
before shipments are made. Only three states require filing fees, ex-
cept under special conditions, that are noted in a table which follows.
Special shipping tags are required and will be furnished at a
nominal cost to the shippers by the following states: Arkansas ($2 per

 8 Regulatory Bulletin 75
100 tags); Florida ($3.24 per 100 tags); Georgia ($1.00 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 four states listed.
 
State of
origin
State certificate Nurseryman‘s Agents Special Posted
filed filing fee fee tag Bond
Alabama ........,............... Yes Reciprocal $1 No None U
Arizona ........,................. No None None No None
Arkansas ........................ Yes Reciprocal $1 Yes Reciprocal
Caliiomia ..................,... 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 Yes $1000*
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 Reciprocala $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 ...................... No None None No None
North Carolina ............ Yes Reciprocal None No $1000*
North Dakota .............. Yes Reciprocal None No None
Ohio ........... . ...................... Yes Reciprocal $1 No None V
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 $5000*
Texas .4.............................. Yes Reciprocal None No None
Utah ................................. Yes $10** 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
\Visconsin ...................... Yes None None No None
Wyoming ........................ Yes Reciprocal None No None
 
*Secure special permit and instruction from officer in charge before making shipment.
2 Only for Fruit-stock shippers.
=* For nurserymen who operate through agents.
* For nurserymen who promise maintenance.

 Inspection of Nursery Stock, 1948-49 9
PLANT QUARANTINE OFFICIALS OF THE STATES,
. TERRORITORIES, DISTRICT OF COLUMBIA,
A CANADA, AND MEXICO
Alabama—B. P. Livingston, Chief, Division of Plant Industry, State Department
of Agriculture an Industries, 515 Dexter Avenue, Montgomery 1
Alaska—Hon. G. W. Gasser, Commissioner of Agriculture, Fairbanks
Arizona-]. L. E. Lauderdale, State Entomologist, P. O. Box 2006, Phoenix
` Arl