PRINTER'S NO. 1208
No. 1054 Session of 1975
INTRODUCED BY SHELHAMER, COLE, ANDERSON, BITTLE AND SHUMAN,
APRIL 16, 1975
REFERRED TO COMMITTEE ON AGRICULTURE, APRIL 21, 1975
AN ACT
1 Amending the act of April 27, 1937 (P.L.318, No.90), entitled
2 "An act relating to the protection of agriculture and
3 horticulture, including all field crops, vegetables, trees,
4 shrubs, vines, florist and nursery stock and all other plants
5 and parts, or products thereof, from plant pests; and
6 revising, consolidating, and changing the law relating
7 thereto; defining the powers and duties of the Department of
8 Agriculture relating thereto; providing penalties; and
9 repealing present laws," by adding a Fruit Tree Improvement
10 Program and providing for financing said program and further
11 providing for certificates of inspection and dates of
12 inspection.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The title, act of April 27, 1937 (P.L.318,
16 No.90), known as "The Pennsylvania Plant Pest Act of 1937," is
17 amended to read:
18 AN ACT
19 Relating to the protection of agriculture and horticulture,
20 including all field crops, vegetables, trees, shrubs,
21 vines, florist and nursery stock and all other plants
22 and parts, or products thereof, from plant pests; and
23 revising, consolidating, and changing the law relating
1 thereto; defining the powers and duties of the Department
2 of Agriculture relating thereto; establishing and funding
3 a Fruit Tree Improvement Program; providing penalties; and
4 repealing present laws.
5 Section 2. Section 2 of the act is amended by adding a
6 subsection to read:
7 Section 2. For the purpose of this act, the following terms
8 shall be construed respectively to mean:
9 * * *
10 (l) "Fruit tree improvement program" means a program to
11 provide regulations pertaining to the establishment of standards
12 of freedom from pests for fruit tree nursery stock in the
13 Commonwealth by indexing candidate seed and scion trees for all
14 known plant viruses as well as provide the fruit tree nurserymen
15 with "virus free" plant material for propagation.
16 Section 3. Sections 6 and 9 of the act are amended to read:
17 Section 6. The department shall cause to be issued to
18 nurserymen in this State, after the nursery stock in their
19 nurseries has been officially inspected as provided in this act,
20 and found to be apparently free from any plant pests, a
21 certificate of inspection, setting forth the fact of such
22 inspection and the number of acres, or fraction thereof
23 inspected. Said certificate shall be valid, not to exceed one
24 year from [October first] the date established by rule or
25 regulation, and shall not be transferable or used to cover
26 uninspected, infested or infected nursery stock from any source.
27 Section 9. Nurserymen, dealers and nursery agents selling or
28 delivering nursery stock in this State, except as herein
29 otherwise provided, shall make application in writing [before
30 July first of each year] by the date established by rule or
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1 regulation, to the department for inspection of their nursery
2 stock growing in this State, or failing to give such notice,
3 such nurserymen, dealers or agents shall be liable for any
4 additional expense of inspection of said nursery stock.
5 Section 4. The act is amended by adding a section to read:
6 Section 9.1. Fees for fruit tree improvement program may be
7 established by the department through rules and regulations
8 developed in cooperation with a committee of Fruit Tree
9 Nurserymen.
10 Section 5. Sections 10 and 11 of the act are amended to
11 read:
12 Section 10. Every dealer located either within or without
13 the State, engaged in or about to engage in selling or
14 soliciting orders for nursery stock within this State, shall
15 secure a dealer's certificate [by furnishing a sworn affidavit]
16 which will serve as verification that he will buy and sell only
17 stock which has been duly inspected and certified by an official
18 State or Federal inspector, and he shall furnish the inspector
19 on demand a list of all sources from which he secures his stock.
20 Section 11. Nurserymen, dealers or other persons residing or
21 doing business outside the State [desiring] who desire to
22 solicit orders for nursery stock in the State, shall [upon
23 filing with the department a certified copy of their original
24 current resident State certificate, together with a statement
25 setting forth the exact acreage owned by the applicants and the
26 acreage being grown for them on contract, be entitled to a
27 certificate permitting such persons to solicit orders for
28 nursery stock in this State] be entitled to solicit orders in
29 this State provided they are certified or licensed and their
30 name appears on the official State Directories of Registered
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1 Nurseries and Nursery Dealers issued annually from the state in
2 which their business is conducted.
3 Section 6. This act shall take effect immediately.
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