CHAPTER 279.

AGRICULTURE AND HORTICULTURE-INSECT PESTS.

AN ACT fo the protection of the horticultural and agricultural interests of State of Oklahoma by the suppression and extermination of injurious in pests and plant diseases and to provide for the punishment for violations thereof, and repealing chapter 103, of the Session Laws of Oklahoma 1913; and declaring an emergency.

Be It Enacted By the People of the State of Oklahoma:

Terms and Definitions.

Section 1. The following terms as used in this act shall be construed as follows: (1) The singular and plural forms of any word or term in this act shall be construed as interchangeable and equivalent within the meaning of the act.

(2) The term, "person" shall include corporations, companies, societies, associations, partnerships, or any individual or combination of individuals. When construing and enforcing the provisions of this act, the act, omission, or failure of any officer, agent, servant, or other individual acting for or employed by any person as above defined within the scope of his employment or office shall in every case be also deemed to be the act, omission or failure of such person as well as that of the individual himself.

(3) The terms "nursery stock" shall include all field. grown florist stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruitpits and other seeds of fruit and ornamental trees and shrubs, and other plants and plant products for propagation, except field, vegetable and flower seeds, bedding plants, and other herbaceous, plants, bulbs and roots.

(4) The term "nursery" shall be construed to mean any grounds or premises on or in which nursery stock is propagated and grown for sale, or any grounds or premises on or in which nursery stock is being fumigated, treated, packed or stored.

(5) The term "nursery man" shall mean the person who owns, leases, manages, or is in charge of a nursery.

(6) The term "dealer" shall be construed to apply to any person not a grower of nursery stock, who buys nursery stock for the purpose of reselling and reshipping, independently of any control of a nursery.

(7) The term "agent" shall be construed as applying to any person selling nursery stock under the partial or full control of a nurseryman, or of a dealer or other agent. This term shall also apply to any person engaged with a nurseryman, dealer or agent in handling nursery stock on a co-operative basis.

Power Vested in Board of Agriculture.

Section 2. All powers necessary to carry out the provisions of this act are hereby vested in the State Board of Agriculture, herein termed the "Board."

State Inspector.

Section 3. The Board shall appoint some person qual ified by scientific training and practical experience to be State Inspector, hereinafter called the Inspector, who shall strictly enforce the provisions of this act as a police regulation of the state under the direction and control of the board.

Bond of Inspector-Liability for Unjustifiable Acts or Omissions.

Section 4. The Inspector shall file with the Board a bond with security to be approved by the Board in the sum of one thousand dollars, conditioned on the faithful performance of his duty. Any person suffering loss occasioned by reason of an act or omission of the Inspector which is deemed to be unjustifiable, may maintain an action upon said bond against the Inspector and sureties thereon for such loss, not to exceed the amount of said bond.

Deputy Inspectors.

Section 5. The Board is hereby authorized to appoint on the recommendation of the Inspector, deputies who shall

strictly enforce the provisions of this act, under the direction of the Inspector, and they are hereby endowed with the same police powers as the State Inspector, and shall be furnished with official badges, or other insignia of authority, which shall be carried while on duty.

Rules-Reports.

Section 6. The Board shall have the power to prescribe, modify and enforce such reasonable rules, regulations and orders as may be needed to carry out the provisions of this act, and may publish an annual report describing the various phases of the inspection work, or may publish such other information as may seem desirable concerning the inspection and such insects and diseases as are covered by this act; such rules and regulations to be printed from time to time and furnished free to interested parties,

Nursery Inspection.

Section 7. The Inspector or his deputies shall, at least once each year, inspect all nurseries and other places in which nursery stock is kept for sale in th estate. For this purpose such State Inspector or his deputies shall have free access, within reasonable hours to any field, orchard, garden, packing ground, building, cellar, freight or express office, warehouse, car, vessel, or other place which it may be necessary or desirable for him to enter in carrying out the provisions of this act. It shall be unlawful to deny such access to the Inspector or his deputies or to hinder, thwart or defeat such inspection by misrepresentation or concealment of facts or conditions, or otherwise.

General Inspection-Plant Diseases.

Section 8. The Inspector or his deputies shall have the authority to inspect any orchard, fruit or garden plantation, park, cemetery, private premises, public place, and any place which might become infested or infected with dangerous or harmful insects or plant diseases. He shall also have the authority to inspect or reinspect at any time

or place, any nursery stock shipped in or into the state and to treat it as hereinafter provided.

Shipment of Diseases Plants Prohibited.

Section 9. The Inspector, with the approval of the Board, is hereby empowered to prohibit and prevent the removal or shipment or transportation of plant material and any other material from any private or public property, or property owned or controlled by the state, or any area of the state which in his judgment contains dangerously infested or infected nursery stock or plant or other material of any kind, for such periods and under such conditions as in his judgment seems necessary in order to prevent the further spread of the infestation or infection, giving such notice thereof as may be prescribed by the Board; and during the existence of such order no person shall remove or ship from such area any such material whatsoever, except by special permission or direction of the Board.

Owner to Prevent Disease.

Section 10. It shall be unlawful for any person in this state knowingly to permit any dangerous insect or plant diseases to exist in or on his premises. It shall also be unlawful to sell, or offer for sale any stock infested or infected with such insect or disease.

Diseased Stock-Notice.

Section 11. In case the Inspector or his deputy shall find present on any nursery or dealer's premises or any packing ground or in any cellar or building used for storage or sale of nursery stock, any injurious insect or plant disease, he shall notify the owner or person having charge of the premises in writing to that effect, and shall withhold his certificate hereinafter provided for until the premises are freed from such injurious insect or plant disease, as hereinafter provided. It shall be unlawful for any person after receiving such notice to ship or deliver, or cause to be shipped or delivered, any nursery stock from such aforesaid premises.

Destruction of Diseased Plants-Costs.

Section 12. (1) If the Inspector or his deputy shall find on examination any nursery, orchard, small fruit plantation, park, cemetery or any private or public premises infested with injurious insects or plant diseases, he shall notify the owner or person having charge of such premises to that effect, and the owner or person having charge of the premises shall within ten days after such notice cause the removal and destruction of such trees, plants, shrubs or other plant material if incapable of successful treatment; otherwise cause them to be treated as the inspector may direct. No damages shall be awarded to the owner for the loss of infested or infected trees, plants, shrubs or other plant material under this act.

(2) In case the owner or person in charge of such premises shall refuse or neglect to carry out the orders of the Inspector within ten days after receiving written notice, the Inspector may proceed to treat or destroy the infested or infected plants or plant material. The expense thereof shall be assessed, collected and enforced as taxes are assessed, collected and enforced against the premises, upon which such expense was incurred. The amount of such expense when collected shall be paid to and become a part of the fund used to enforce the provisions of this act.

Inspection Before Sale.

Section 13. Persons desiring to sell or ship nursery stock shall make application in writing, before June 1st of each year, to the Board for inspection of their stock. Persons requesting such inspection shall be liable for all necessary traveling expenses of the Inspector in making such inspections.

Inspection of Foreign Nursery Stock Shipped Into State.

Section 14. Every person receiving, directly or indirectly, any nursery stock from foreign countries shall notify the State Inspector of the arrival of such shipment, the contents thereof and the name of the consignor; and