Overview. This Act regulates the importation and movement of nursery stock and other plants and plant products within the U.S. to control the dissemination of injurious plant pests and diseases.

Selected Definitions.   Nursery stock:  field-grown florists' stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits and other seeds of fruit and ornamental trees or shrubs; also other plants and plant products for propagation, except field, vegetable and flower seeds, bedding plants, and other herbaceous plants, bulbs and roots. Person:  includes corporations, companies, societies and associations. § 152.

Prohibitions on Importation of Nursery Stock. The Act prohibits any person from importing or bringing nursery stock into the U.S. or accepting delivery of nursery stock moving from a foreign country into or through the U.S., unless the movement complies with regulations enacted by the Secretary of Agriculture (Secretary) to prevent dissemination of plant pests, plant diseases or insect pests. These regulations may require that nursery stock moving into or through the U.S. be:   accompanied by a permit issued by the Secretary prior to movement and a certificate of inspection by officials of the country or state from which the nursery stock is to be moved; grown under post-entry quarantine conditions to determine whether it is infested or infected, and be subject to remedial measures to prevent the spread of plant or insect pests or plant diseases. § 154.

The Secretary of the Treasury must notify the Secretary of the arrival of nursery stock at the port of entry. The Act also prohibits a person from shipping or offering to ship from one state, territory or district in the U.S. to another imported nursery stock without notifying the Secretary and affording an opportunity for inspection, although the Secretary can exempt nursery stock imported from designated countries. No person may:   import or offer for entry into the U.S. nursery stock unless it is plainly and correctly marked as to contents and origin; ship within the U.S. imported nursery stock that is not plainly marked as to contents and origin, unless it has been properly inspected. §§156-158.

Regulations. The Secretary may restrict by regulation importation of plants and plant products not included in the definition of nursery stock if necessary to prevent the entry of injurious plant diseases or insect pests. The Secretary also may forbid the importation of any class of nursery stock or other class of plants or plant products from a country or locality where plant disease or insect infestation exists. The Secretary has authority to quarantine a state, territory or district of the U.S. to prevent the spread of a dangerous plant disease or insect infestation, and no nursery stock or other plants or plant products can be moved from a quarantined area into another area. These provisions do not prevent states, territories and districts from establishing quarantines when the Secretary does not act. §§ 159-162.

Violations. Violations of the Act's provisions and regulations are subject to criminal and civil penalties. Authorized employees of the Department of Agriculture may, with probable cause and without a warrant, stop, search and seize persons, vehicles, boats, nursery stock, plants and plant products. §§ 163-164a.

Rules Governing the District of Columbia. To prevent the dissemination of plant diseases and insect infestations, no plant or plant products capable of propagation, including nursery stock, may be moved into or out of the District of Columbia except in compliance with the Secretary's regulations. The Secretary is authorized to require plant owners to eradicate infested or infected plants or plant products found in the District of Columbia, and to undertake eradication if the owner cannot be found. Employees of the Bureau of Entomology and Plant Quarantine are required to inspect places, plants and plant products whenever the Secretary determines this is necessary, and may with a warrant enter and inspect premises for plant pests and diseases. § 167.

Editor's Note. The Agricultural Appropriation Act of 1914 permits the Department of Agriculture to import nursery stock or other plants or plant products that may be forbidden for entry under the Plant Quarantine Act if used for experimental or scientific purposes. § 155.

The Agricultural Appropriation Act of 1916 contains the Terminal Inspection Act, codified as § 166 of the Plant Quarantine Act. The Terminal Inspection Act prohibits a person from sending through the U.S. mails to a state address a package containing a plant or plant product unless the package is plainly marked as to contents. If the contents are on a list of plants and plant products subject to state inspection, prepared by state officials and approved by the Secretary, the postmaster will forward the package to the proper state official for inspection. If free of injurious pests and not in violation of a plant quarantine law or regulation, the package may be delivered to its intended recipient. If infected and incapable of disinfection, or if in violation of plant quarantine laws or regulations, the package will be returned to the sender at the sender's request and expense or destroyed by the state. § 166.