CHAPTER 25

STATE REVENUE - JAPANESE BEETLE

AN ACT providing for the quarantine and control of the Japanese beetle; imposing certain powers and duties on the Governor; and making appropriations therefor.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. The Governor, 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 he may adopt and carry out such control measures as may be deemed advisable.

Section 2. The Governor 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, he, or his authorized agents may prohibit and prevent the movement, or the shipment, or the 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, he or his 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 Governor under the authority of this Ad, 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. The moneys appropriated in Item K-13 of the "Budget Appropriation Bill" for the fiscal year ending June 30, 1928, and also for the fiscal year ending June 30, 1929, or so much thereof as may be necessary for the purpose as therein designated "Japanese Beetle Eradication" shall be paid by the State Treasurer upon warrants signed by the Governor, when, in his discretion, such draft shall be necessary.

Section 5. All Acts or parts of Acts inconsistent herewith are hereby repealed.

Approved February 21, A. D. 1927.