Chapter 135.
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CHAP. 135.— Joint Resolution For the amendment of the Plant Quarantine Act of August 20, 1912, to allow the States to quarantine against the shipment therein or through of plants, plant products, and other articles found to be diseased or infested when not covered by a quarantine established by the Secretary of Agriculture, and for other purposes.April 13, 1926. [[S. J. Res. 78](/us/bill/69/sjres/78).] [[Pub. Res., No. 14](/us/bill/69/pubres/14).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,Plant Quarantine.Vol. 37, p. 315.Vol. 39, p. 1166, amended.
That the Act of August 20, 1912 (Thirty-seventh United States Statutes at Large, page 315), as amended by the Act of March 4, 1911 (Thirty-ninth United States Statutes at Large, page 1165), be, and the same is hereby, amended by adding at the end of section 8 thereof the following: " *Proviso*.Quarantine by States, etc., not prevented.“*Provided further*, That until the Secretary of Agriculture shall have made a determination that such a quarantine is necessary and has duly established the same with reference to any dangerous plant disease or insect infestation, as herein above provided, nothing in this Act shall be construed to prevent any State, Territory, Insular Possession, or District from promulgating, enacting, and enforcing any quarantine, prohibiting or restricting the transportation of any class of nursery stock, plant, fruit, seed, or other product or article subject to the restrictions of this section, into or through such State, Territory, District, or portion thereof, from any other State, Territory, District, or portion thereof, when it shall be found, by the State, Territory, or District promulgating or enacting the same, that such dangerous plant disease or insect infestation exists in such other State, Territory, District, or portion thereof: *Provided further*, That the Secretary of Agriculture is hereby authorized, whenever he deems such action advisable and 251necessary to carry out the purposes of this Act, to cooperate withCooperation by Agricultural Department authorized. any State, Territory, or District, in connection with any quarantine, enacted or promulgated by such State, Territory, or District, as specified in the preceding proviso: *Provided further*, That anyViolations subject to State, etc., laws. nursery stock, plant, fruit, seed, or other product or article, subject to the restrictions of this section, a quarantine with respect to which shall have been established by the Secretary of Agriculture under the provisions of this Act shall, when transported to, into, or through any State, Territory, or District, in violation of such quarantine, be subject to the operation and effect of the laws of such State, Territory, or District, enacted in the exercise of its police powers, to the same extent and in the same manner as though such nursery stock, plant, fruit, seed, or other product or article had been produced in such State, Territory, or District, and shall not beNo exemption for original packages, etc. exempt therefrom by reason of being introduced therein in original packages or otherwise.
” " Approved, April 13, 1926.