Chapter 1501. To prohibit importation or interstate transportation of insect pests, and the use of the United States mails for that purpose
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CHAP. 1501.— An Act To prohibit importation or interstate transportation of insect pests, and the use of the United States mails for that purpose. March 3, 1905. [[H. R. 18754](/us/bill/58/hr/18754).] [[Public, No. 234](/us/pl/58/234).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That no railroad, steamboat,Insect pests.Transportation of, by interstate or foreign commerce, forbidden. express, stage, or other transportation company shall knowingly transport from one State or Territory into any other State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, or from a foreign country into the United States, the gypsy moth, browntail moth, leopard moth, plum curculio, hop plant-louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupæ, or larvæ of any insect in jurious as aforesaid, except when snipped for scientific purposes under the regulations hereinafter provided for; nor shall any person remove from one State or Territory into another State or Territory, or from a foreign country into the United States, or from a State or territory into the District of Columbia, or from the District of Columbia into any State or Territory, except for scientific purposes under the regulations hereinafter provided for, the gypsy moth, brown-tail moth. leopard moth, plum curculio, hop plant-louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, 1270field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupæ, or larvaæ of any insect injurious as aforesaid.
Sec. 2. Sending by mail forbidden. That any letter, parcel, box, or other package containing the gypsy moth, brown-tail moth, leopard moth, plum eurculio. hop plantouse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees, or any letter, parcel, box, or package which contains the eggs, pupæ, or larvæ of any insect injurious as aforesaid, whether sealed as first-class matter or not, is hereby declared to be nonmailable matter, except when mailed for scientific purposes under the regulations hereinafter provided for, and shall not be conveyed in the mails, nor delivered from any post-office, nor by any letter carrier, except when mailed for scientific purposes under the regulations hereinafter Penalty.provided for; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be nonmailable matter, or cause the same to be taken from the mails for the purpose of retaining, circulating, or disposing of, or of aiding in the retention, circulation, or disposition of the same shall, for each and every offense, be fined, upon conviction thereof, not more than five thousand dollars or imprisoned at hard labor not more than *Proviso*.First-class matter.five years, or both, at the discretion of the court: *Provided, *That nothing in this Act shall authorize any person to open any letter or sealed matter of the first-class not addressed to himself.
Sec. 3. Regulations, etc. That shall be the duty of the Secretary of Agriculture, and he is hereby authorized and directed to prepare and promulgate rules and regulations under which the insects covered by sections one and two of this Act may be mailed, shipped, transported, delivered, and removed, for scientific purposes, from one State or Territory into another State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, and any insects covered by sections one and two of this Act may be so mailed, shipped, transported, delivered, and removed, for scientific purposes, under the rules and regulations of the Secretary of *Proviso*.Postal rules.Agriculture: *Provided,* That the rules and regulations of the Secretary of Agriculture, in so far as they affect the method of mailing State laws.insects, shall be approved by the Postmaster-General, and nothing in this Act shall be construed to prevent any State from making and enforcing laws in furtherance of the purposes of this Act, prohibiting or regulating the admission into that State of insects from a foreign country.
Sec. 4. Punishment to carriers, etc. That any person, company, or corporation who shall knowingly violate the provisions of section one of this Act shall, for each offense, be fined, upon conviction thereof, not more than five thousand dollars or imprisoned at hard labor not more than five years, or both, at the discretion of the court. Approved, March 3, 1905.