CHAPTER 90
STATE BOARD OF AGRICULTURE - JAPANESE BEETLE
AN ACT to amend Chapter 25, of Volume 35, Laws of Delaware, entitled "An Act providing for the quarantine and control of the Japanese Beetle; imposing certain powers and duties on the Governor; and making appropriations therefor", by imposing such powers and duties on the State Board of Agriculture rather than on the Governor, and providing for appropriations relating thereto.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Sections 1, 2, 3, 4 and 5 of Chapter 25, Volume 35, Laws of Delaware, be and the same is hereby amended by repealing all of Sections 1, 2, 3, 4 and 5 thereof and by inserting in lieu thereof the following to be known as Sections 1, 2, 3, 4 and 5:
Section 1. That after June 30, 1929, the State Board of Agriculture, in order to protect the agricultural and horticultural crops of the State of Delaware from the ravages of the Japanese Beetle (Popillia Japonica) accidentally imported with horticultural products from Japan, may make or cause to be made, investigations of the prevalence of this pest and may provide or cause to be provided, means whereby it may be controlled and its dissemination limited, and for these purposes they may adopt and carry out such control measures as may be deemed advisable.
Section 2. The State Board of Agriculture may also establish quarantine restrictions in affected areas and areas adjacent thereto, and adopt, issue and enforce rules and regulations relative to such quarantine and for the control and limitation of this pest. Under such quarantine restrictions, they or their authorized agents may prohibit and prevent the movement, or the shipment, or transportation of any agricultural, horticultural or any other material of any character whatsoever capable of carrying the Japanese Beetle in any state of its development, and further the said State Board of Agriculture or its authorized agents may under such quarantine restrictions, intercept and detain for official inspection, any person, car, vessel, truck, wagon, automobile, motor or other vehicle, suspected or known to carry any material in violation of any quarantine restriction or of any rules or regulations thereunder established by the authority of this Act.
Section 3. Any person, co-partnership, association or corporation, violating any provision of this Act, or any rule or regulation promulgated by the State Board of Agriculture under the authority of this Act, shall be subject to a fine of not less than Ten Dollars nor more than Fifty Dollars for each offense, besides the costs of prosecution, to be collected by summary conviction before any Justice of the Peace as like fines and costs are now collected ; provided, however, that any person so convicted shall have the right of appeal as in like cases before a Justice of the Peace. The fines collected under this Act shall be paid forthwith to the State Treasurer and deposited in the General Fund.
Section 4. Any and all the moneys appropriated in Item K-13 of the "Budget Appropriation Bill" for the fiscal years ending June 30, 1930, June 30, 1931, and for any subsequent fiscal years provided for in any subsequent "Budget Appropriation Bills" or so much thereof as may be necessary for the purpose designated in the respective "Budget Appropriation Bills" under the heading "Japanese Beetle Eradication" shall be paid by the State Treasurer upon warrants signed by the President and Secretary of the State Board of Agriculture, when in the discretion of the said Board, such draft shall be necessary.
Section 5. All Acts or parts of Acts inconsistent herewith are hereby repealed, insofar as the inconsistency may occur only.
Approved April 29, 1929.