Inspection certificate.

Annual fee of solicitors.

Agent's permit.

Revocation of license.

Hearing before revocation.

Evidence presented.

When licensee to appear.

and that he will maintain with the commissioner of agriculture a list of all sources from which he secures his stock. Upon compliance with the provisions of this section, an inspection certificate shall be issued by the commissioner of agriculture upon the payment of a certificate fee of one dollar. Dealers distributing nursery stock from more than one store or place of business shall secure a license for each place from which nursery stock is sold or distributed.

SEC. 11. Nurserymen, dealers or other persons residing or doing business outside of the state, desiring to solicit orders for nursery stock through agents in this state, shall, upon filing a certified copy of their original state certificate with the commissioner of agriculture, pay to the commissioner of agriculture an annual license fee of five dollars. If said certificate is approved by the commissioner of agriculture, a license permitting such persons to solicit orders for nursery stock through agents in this state will be issued.

SEC. 12. All agents within the meaning of this act selling nursery stock or soliciting orders for nursery stock for any nurseryman or dealer located within the state or outside the state, shall be required to secure and carry an agent's permit. Said agent's permit shall be issued free of charge only by the commissioner of agriculture to agents authorized by their principal or upon request of their principal. Names and addresses of such agents shall not be divulged by employes of the state department of agriculture.

SEC. 13. The commissioner of agriculture shall at any time have the power to revoke any license or certificate for sufficient cause, including any violation of this act or nonconformity with any rule or regulation promulgated under this act.

Before revoking any license or certificate, the commissioner of agriculture shall give written notice to the holder of such license or certificate, stating that he contemplates the revocation of same and giving his reasons therefor. Said notice shall appoint a time of hearing before said commissioner and shall be mailed by registered mail to the party holding the license or certificate. On the day of hearing, the respondent may present such evidence to the commissioner as he deems fit, and, after hearing all the testimony, the commissioner shall decide the question in such manner as to him appears just and right. The respondent, if he feels aggrieved at the decision of the commissioner, may appeal from said decision within ten days by writ of certiorari to the circuit court of the county where respondent resides, and issue shall be framed in said court and a trial had and its decision shall be final.

SEC. 14. If it is found that any license or certificate issued or approved by the commissioner of agriculture is being used in connection with nursery stock or other plants which have not been inspected, or which are infested with insect pests or infected with plant diseases, or which are being sold and de

license

livered without treatment being given or other precautionary measures prescribed by the commissioner of agriculture being observed by the owner, or is being used by persons other than the one to whom it was issued with the knowledge of the owner without permission of the commissioner of agriculture, the commissioner of agriculture may require the owner of such license or certificate to appear before him, on a date specified, for a hearing to show cause why his license or certificate should not be revoked. If, after such hearing, the When commissioner of agriculture finds that such license or cer revoked. tificate has been wrongfully used in one or more of the ways specified in this section, or if the owner of such license or certificate fails to appear at such hearing, he may issue an order revoking such license or certificate and the owner's license and the use of such certificate or license after it has been revoked, shall be unlawful and shall subject the owner thereof to the penalty prescribed in section twenty-six of this act. The commissioner of agriculture may withhold a license or May withcertificate of inspection from any person applying for the hold license. same if such person fails to comply with the requirements of the commissioner of agriculture with reference to freeing his nursery and premises of injurious insect pests and plant diseases and may refuse to certify a nursery if the same, for lack of care or from neglect, is in such condition that it cannot be adequately inspected.

on stock

SEC. 15. It shall be unlawful for any person to bring or Tags, etc., cause to be brought into this state any nursery stock unless brought into there is plainly and legibly marked thereon or affixed there- state. to, or on, or to the car or other vehicle carrying, or on the bundle, package, or other container of the same, in a conspicuous place, a statement or a tag or other device showing the names and addresses of the consignor, or shipper, and the consignee or person to whom shipped, the general nature of the contents, together with a certificate of inspection of the proper official of the state, territory, district, or country from which it was brought or shipped, showing that such plant or plant product was found or believed to be free from insect pests and plant diseases.

tached to

SEC. 16. Every person who sells or gives away nursery Tag atstock in this state is hereby required to attach to the outside package. of each package, box, bale or carload shipped or otherwise delivered, a tag or poster on which shall appear an exact copy of his valid certificate. It shall be unlawful for any carrier, or driver, or owner of a truck or other vehicle to accept for shipment, or transportation, or to transport any nursery stock from place to place within this state unless such nursery stock has attached thereto a valid official certificate of inspection showing that such stock has been inspected and found apparently free from injurious pests and plant diseases, or that the shipment has been authorized by the commissioner of agriculture: Provided, That nursery Proviso. stock consigned to the commissioner of agriculture may be

Stock trans

out certi

offered and accepted for shipment and shipped without such certificate.

(a) In case any nursery stock is shipped or transported ported with- in this state or into this state from another state, country or ficate affixed. province without a valid certificate plainly affixed as aforesaid, the fact must be promptly reported to the commissioner of agriculture by the person carrying the same, together with the names of the consignor and consignee and the nature of the shipment, and such person carrying such stock must return it to the consignor, hold it for instructions from the commissioner of agriculture, or send it to the commissioner of agriculture, with the transportation charges prepaid, for inspection.

Idem.

Inspection before shipment, etc.

Proviso.

Inspection of Christmas trees, etc.

Certain

trees, etc., declared nuisance.

(b) Any person receiving nursery stock transported from any point within the state, or any other state, country or province, without a valid certificate affixed as aforesaid, shall at once notify the commissioner of agriculture of the fact, and shall not allow such nursery stock to leave his possession until it has been inspected or released by the commissioner of agriculture, and the expenses incurred in making such inspection are paid by such person. Such stock may be shipped to the commissioner of agriculture, with all transportation charges prepaid, for inspection without any additional expense to the owner other than transportation, drayage and storage charges when such charges are necessarily incurred.

SEC. 17. It shall be unlawful for any person to sell, give away, carry, ship or deliver for carriage or shipment within this state any nursery stock unless such nursery stock has been officially inspected and a certificate issued by the commissioner of agriculture stating that such nursery stock has been inspected and found free from insect pests and plant diseases. It shall, however, be the privilege of a nurseryman holding a valid certificate covering nursery stock grown by him to ship under said certificate nursery stock grown for him elsewhere or purchased by him from other states or countries: Provided, That all such nursery stock is received under an official certificate acceptable to the commissioner of agriculture stating that it has been inspected where grown and found to be apparently free from insect pests and diseases. The commissioner of agriculture shall also have 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.

(a) It shall be contrary to the provisions of this act for any person, firm, tourist, or corporation to transport within this state Christmas trees, evergreen boughs for decorative purposes, or any other wild trees, plants, shrubs, or vines unless same have first been inspected by the commissioner of agriculture.

SEC. 18. All trees, shrubs, vines, fruit plants, cuttings, scions, grafts, plants and plant parts, plant products and places within this state, infested with injurious insect pests

or infected with plant diseases which are liable to spread to other plants, plant products or places to the injury thereof, or to the injury of man and animals, and all species and varieties of trees, shrubs, vines, and other plants not essential to the welfare of the people of the state which may serve as favorable host plants, and promote the prevalence and abundance of insect pests and plant diseases, or any stage thereof, destructively injurious to other plants essential to the welfare of the people of the state, are hereby declared to be a nuisance; and all persons owning or controlling lands or places in this state, and all public authorities having jurisdiction over streets, highways, parks, and other public places shall keep the same free from all injurious insect pests and plant diseases, and all species and varieties of plants declared by the provisions of this section to be a nuisance.

ject to black

taken.

SEC. 19. It shall be unlawful for any person or persons, Bushes subfirm or corporation to keep upon their premises or upon any stem rust. premises under their control or charge any mahonia bushes, or any of the bushes commonly called barberry bushes which are subject to the attack of black stem rust of grains. These barberry bushes should be interpreted to consist of any species, variety or hybrid of Berberis or Mahonia susceptible to infection of Puccinia graminis, commonly called black stem rust of grains but not including Mahonia repens Don, and not including Berberis thunbergii D. C. (Japanese barberry), Berberis thunbergii atropurpurea Dreer, Berberis thunbergii minor Rehder, Berberis thunbergii maximowiczii Schn. or any other barberry which is not subject to this rust. If the commissioner of agriculture or his assistants, shall Action find upon any premises any mahonia or barberry bushes, of species subject to the black stem rust of wheat, action shall be taken as directed in this section in the case of trees, shrubs, vines and plants infected with dangerously contagious diseases. If the owners or agents shall fail to destroy the bushes when ordered to do so within a reasonable specified time, they shall be subject to the penalties fixed for the violation of other provisions of this act: Provided, That when it be- Proviso. comes necessary to destroy any trees, shrubs, vines or plants in order to prevent the spread of any dangerous insects or any dangerously infectious or contagious diseases, if said trees, shrubs, vines or plants are chance seedlings, and are growing wild outside the corporate limits of any city or village, when the owner refuses to carry out the orders of the commissioner of agriculture to destroy the same, the commissioner of agriculture is hereby authorized to employ the necessary aid, and, after destroying the trees, shrubs, vines or plants, to render a bill against the owner for one-half of the expense incurred. If the owner refuses to pay said bill it shall be certified to the township board and assessed against the property.

SEC. 20. If the commissioner of agriculture shall deter- Eradication. mine that any species or variety of tree, vine, shrub or other

Public hearing.

When eradicated.

Power of inspection.

Abating nuisance.

plant growing within this state is a nuisance as defined in section eighteen of this act, and if in the judgment of the commissioner of agriculture such species or variety of tree, shrub, vine or other plant should be eradicated from this state, or from any section thereof, in order to safeguard the other plants and plant products of the state or any section thereof, he shall give public notice thereof, designating the species or variety of plant, the eradication of which is proposed, the section of the state involved, and the reasons why the eradication of such plant is necessary; such notice shall also designate a place and a time, which time shall not be less than thirty days after the date of such notice, for a public hearing, at which all persons in the state interested in the proposed action of the commissioner of agriculture may be heard.

(a) If after such hearing the commissioner of agriculture shall determine that such species or variety of plant should be eradicated, he shall give public notice of the fact, naming the species or variety of plant to be eradicated, describing the boundaries of the section of the state from which such species or variety of plant shall be eradicated, and the date when such notice shall become effective.

(b) If the commissioner of agriculture shall have reason to suppose that any property or place in this state is infested with any injurious insect pests or infected with any plant disease, or has growing thereon or stored therein any species or variety of plant which the commissioner of agriculture has declared to be a nuisance within the meaning of section eighteen of this act, he shall have power to inspect, or cause to be inspected, from time to time, such property or place; and, if he shall find by such inspection as aforesaid, that any person is maintaining a nuisance as described in section eighteen of this act, the commissioner of agriculture shall give written notice of the facts to the owner, or other person in possession or control of the property or place where such nuisance was found; which notice shall specify the condition constituting such nuisance, the method by which and the time within which such nuisance shall be abated; and such owner or person in charge shall proceed to eradicate, control or prevent the dissemination of such injurious insect pest or plant disease, or to remove, cut, destroy or otherwise completely eradicate the species or variety of plant constituting the nuisance within the time and in the manner described in such notice.

(c) Whenever such owner or other person cannot be found, or shall fail, neglect, or refuse to obey the requirements of said notice, the commissioner of agriculture may proceed to abate such nuisance; and in so doing, the commissioner of agriculture is authorized to treat, remove, cut, or destroy infested or infected plants and plant products, or other things and substances used in connection therewith. The commissioner of agriculture is hereby authorized to employ the neces