Government Decree No. 101 / 1948 Coll.
Regulation on measures against harmful agents in fruit trees and shrubs
Valid
Effective from 26.05.1948
101.
Government Regulation
of 27 April 1948
on measures against harmful agents in fruit trees and shrubs.
The Government of the Czechoslovak Republic orders under the Act of 2 July 1924, No. 165 Coll., on the Protection of Plant Production:
(1) The following pests of animal origin and plant diseases are considered as harmful substances in this Regulation:
A. Damage factors of animal origin:
(a) Butterflies: beechs, alfalfa (Lymantria monacha), alfalfa (Lymantria dispar), alfalfa (Euproctis chrysorrhoea), alfalfa (Aporia crataegi), alfalfa (Gastropacha quercifolia), alfalfa (Malacosoma neustria), blackberry (Eriogaster lanestris), redwood (Cossus cossus), brown mole (Simaethis pariana), molar apple (Hypomeuta padellus subsp. malellus)
(b) beetles: apple pears (Eccoptogaster rugulosus), plum pears (Eccoptogaster pruni), apple pears (Anthony pomorum), leaves (Phyllopertha horticola),
(c) worms: worms of the genus Aspidiothus, stork worms (Lepidovthese ulmi), plums (Lecanium corylia-corni),
(d) meri: pear mera (Psylla piricola and P. pirisuga), mera apple (Psylla mala),
(e) aphids: aphids of leaves (families of Aphidae) and blood aphids (Eriosoma lanigera),
(f) fungi: gooseberries (Pristiphora pallipes), currants (Nematus ribesii), plums (Hoplocampa minuta and H. flava),
(g) double-winged insects: pear fruit (Contarinia pirivora) and cherry propeller (Rhagoletis cerasi),
(h) mites: pear mite (Eriophyes piri), pear mite (Phyllocoptes vitis), fruit mite (Paratetrychus pilosus) and snail of the genus Tetranychus.
Bacteria (Bacterium - Pseudomonas tumefaciens), Bacterium rhizogenes (Bacterium rhizogenes), Bouosporium prunes (Taphrina - Exoascus pruni), Red prunes (Pseudopesiza), Dragonite or dry spores of fruit trees (Clasterosporum carpophilum)
(2) The provisions of this Regulation shall apply to fruit trees and fruit shrubs, planted or wildly growing, whether bulk or individually, in particular in fields, gardens, orchards, trees and nurseries, as well as to parts of such trees and shrubs, if they are to be used for propagation (seedlings, branches, cuttings, grooves, eyes and the like).
(3) The fruit bush shall also be understood as wine vine in this Regulation.
(4) The provisions of this Regulation applicable to the owner of the land shall also apply to smugglers, consumers or other users as well as to other persons responsible for the management of the land.
The owner of the land is obliged to protect the fruit trees and shrubs on his property (§ 1 (2) and (3)) from harmful agents (§ 1 (1)), to prevent their introduction and extension by appropriate means, and, if they occur, to immediately make use of appropriate means to overcome them.
The owner of the land may only plant fruit trees and shrubs free of all harmful factors on his property.
(1) The owner of the land shall be obliged, at the time of the calmness of vegetation, not later than 31 March, to dispose of fruit trees and shrubs of dying and dead parts (dry branches and fruits, etc.) and all bark (lichens and moss) and to burn these waste.
(2) The owner of the land shall immediately be removed from the land and, if they are attacked by harmful agents, burn them immediately or take other measures to prevent the further spread of harmful factors (removal and incineration of bark and the like).
(1) The owner of the land is required to safely destroy all harmful factors, which are re-wintering on fruit trees and bushes, at any stage of development, by spraying, carried out not later than just before the buds are pressed, or by mechanical means, which applies in particular to finger eggs, caterpillar nests and mummified breeds after infestation of monollies which must be removed and destroyed by burning.
(2) Fruit fallen from trees and bushes due to a harmful agent must be immediately removed and either destroyed or used in such a way as to prevent further spread of harmful agents.
(3) If it is a mass-occurring harmful agent that cannot be individually exterminated, such as a blood-eating aphid, plum puree, foreign sprats, scaffold, monolithic rot, the owner of the land is obliged to carry out the extermination of these harmful agents by chemical means and beneath.
During the growing season, the owner of the land is obliged to kill the harmful agents, especially those who can easily spread to fruit trees and bushes on the land of other owners. The destruction shall be carried out by the owner of the land by appropriate means and means, such as the collection and disposal of pests of animal origin, the cutting and burning of the affected parts of trees and bushes, the spraying, the spraying of the contaminated parts by chemical means and the like.
The owner of the land shall be obliged to kill harmful agents and to take appropriate measures in accordance with the previous provisions also on other trees and shrubs, if they can damage also fruit trees and bushes, such as caterpillars on hedges, in particular fallopian, worm, and shellfish on acacia, shrub on hazelnut shrubs and fillet on thorns.
(1) The owner of the land is obliged, in the case of other trees and shrubs, to be slaughtered and destroyed immediately by burning, if necessary by particularly dangerous harmful agents designated by the Ministry of Agriculture.
(2) The district national committee shall declare for a certain period the territory of a municipality in which a particularly dangerous harmful agent has been found to be infected and may prohibit the cultivation of fruit trees and shrubs which are attacked by particularly dangerous harmful agents in that territory (paragraph 1), after ordering the cultivation of traps. They shall immediately inform the Ministry of Agriculture and Nutrition.
(3) The Ministry of Agriculture may declare the district of the administrative district in which the territory is contaminated (paragraph 2) an area at risk and prohibit the export of the affected fruit trees and shrubs and, in agreement with the Ministry of Nutrition, the export of fresh fruit, if they are sold within that area. Such measures may also be taken in the infected areas. Measures taken under the previous provisions shall be declared by the Ministry of Agriculture, in the Official Journal, following agreement with the Ministry of Food.
(1) If harmful factors occur in a municipality to a dangerous extent, the owners of the land in the municipality are obliged to carry out the destruction of the harmful factors together on their load.
(2) The President of the local national committee shall make known by means of the Ordinary Order at the site and at the same time draw the land owners' attention to the obligation referred to in the previous paragraph. If necessary, it shall also determine how it is to be carried out according to the completion of the relevant research institute (§ 14) and in the case of the eradication of harmful grapevine factors after hearing the wine-growing community where it is established; the chairman of the local national committee shall immediately report to the district national committee.
(3) If the chairman of the local national committee does not take the measures provided for in paragraph 2, the district national committee shall, in the case of a period not decided upon by the district national committee, take these measures itself.
(4) The measures referred to in paragraph 3 shall be declared in the municipality without delay in the usual manner; the district national committee shall inform the relevant research institute (§ 14) of the measures referred to in paragraphs 2 and 3.
(5) If there is a joint eradication of harmful factors under the provisions of the preceding paragraphs, the local national committee may take the measures referred to in § 10, paragraph 3 of Act No. 165 / 1924 Coll.
(1) The owner of the land is obliged to report to the competent research institute (§ 14) on his fruit trees or shrubs to a greater extent by an unknown agent, without delay, and to provide him with what is necessary in order for the harmful agent to be identified (a sample of damaged parts of plants, a specimen of the harmful agent, etc.). In the report, the owner shall indicate the exact address, indicating the land in question, according to the cadastral territory and the cadastral number. The research institute shall identify the harmful agent free of charge and report to the owner of the land; at the same time recommend a device against this harmful agent with instructions on how to use it. If the owner of the land fails to comply with this obligation, he may not apologize in criminal proceedings for not knowing that it is one of the harmful factors covered by this Regulation.
(2) The names of the best means of killing harmful agents and the instructions on how those means are used shall be communicated free of charge to interested parties by the competent research institute or its control body (§ 14).
If the owner of the land fails to fulfil any of the obligations imposed on him under Sections 2 and 4 to 10, the President of the local national committee shall take the necessary measures on its cargo. If the chairman of the local national committee fails to do so, the district national committee shall do so.
(1) Fruit trees and shrubs which are grown for disposal are subject to compulsory health surveillance (§ 13).
(2) The disposal of fruit trees and bushes affected by harmful agents or of harmful factors of suspects is prohibited.
(1) The breeder (§ 12 (1)) shall:
(a) register by 15 April of each year for confirmation or registered letter to the competent research institute of agriculture (§ 14 (1)) on a form issued by him to fruit trees and shrubs (§ 12 (1)) for compulsory health surveillance. The first application shall be submitted in Slovakia within 30 days of the date of publication of this Regulation;
(b) to take care of the proper health status of fruit trees and shrubs and to take care of the guidelines of research institutes of agricultural and their control bodies (§ 14, paragraphs 1 and 2);
(c) pay up to a maximum of 14 days after the registration of the research institute to the agricultural registration fee and the health surveillance fee (paragraph 2), by area. Unpaid fees shall be recovered at the request of the Research Institute by an agricultural political execution based on a statement of arrears, the enforceability of which shall be confirmed by the Institute. The registration fee and the health surveillance fee shall be regular state revenue;
(d) disinfecting fruit trees and shrubs intended for export or, on a proposal from the relevant research institute (§ 14 (1)), by the district national committee, as well as fruit trees and shrubs intended for transfer within the state, with the participation and direction of the control authority in suitable facilities (gas chambers and others).
(2) Compulsory health surveillance is carried out by research institutes of agriculture and their control bodies. The manner in which this compulsory supervision is carried out and the conditions under which it is carried out, as well as the amount of the fees referred to in paragraph 1 (c), shall be determined by the Ministry of Agriculture in agreement with the Ministry of Finance and with the highest authority by the price regulation in the Official Journal.
(1) Professional supervision of the maintenance of the provisions of Act No. 165 / 1924 Coll., as regards measures against harmful agents under this Regulation, shall be carried out by the following agricultural research institutes:
(a) in the Czech Republic: Institute for Plant Protection of State Research Institutions of Agricultural Institutions in Prague;
(b) in the country of Moravian-Silesian: the Institute for Plant Protection of Regional Research Institutions for Plant Production in Brno;
(c) in Slovakia: Plant Protection Institutions of State Research institutes of agricultural establishments in Bratislava and Košice.
(2) Agricultural research centres, other public institutes and centres, plant protection experts at regional national committees and other persons, and in particular public staff responsible for the inspection of the Ministry of Agriculture, are the supervisory bodies of research institutes (paragraph 1). The persons carrying out the inspection must be shown by means of a photograph issued to them by the Ministry of Agriculture.
(3) The information and intelligence service on the harmful factors in each municipality is carried out by the district national committees and, for the control authorities (paragraph 2), by the plant protection rapporteurs appointed by the Ministry of Agriculture after hearing the relevant research institutes. The plant protection rapporteur's appointment decree is also an ID card for land inspections.
(1) Where there is a reasonable suspicion that the provisions of this Regulation are not being followed up, the authorities of the research institutes of agriculture (§ 14 (1)), their control authorities (§ 14 (2)) and the rapporteurs for plant protection (§ 14 (3)) shall be entitled to inspect fruit trees and shrubs.
(2) The owner of the land shall be invited to the visit, in the case of his representative. The inspection shall be limited to circumstances the knowledge of which is necessary for the purposes of the inspection.
(3) If the owner of the land does not participate, in the case of his representative, the inspection, although invited, shall be carried out in his absence.
(4) If it is found at the time of the inspection that the owner of the land has infringed the obligation laid down in § 2, the district national committee shall, on a proposal from the supervisory authority (§ 14 (2)), impose on it to cover the costs associated with the inspection.
Offices and other public authorities shall be obliged to cooperate in the implementation of this Regulation and, in particular, if harmful agents to a dangerous extent occur in a municipality, to report to the district national committee.
(1) If the Minister (Ministry) has made a general adjustment under the previous provisions, he will do so for Slovakia, after having expressed the relevant delegate (delegate), who will agree with the delegates involved (delegates).
(2) Ministers (ministries) shall, in principle, exercise their powers under this Regulation in Slovakia through the relevant delegates (delegates), who shall follow the decisions and directives of the relevant ministries (ministries).
(3) Orders shall be published in the Official Journal, issued under this Regulation.
The transfers of this Regulation are punishable in accordance with the provisions of Title III of Act No. 165 / 1924 Coll.
The Government Decree of 19 June 1931, No 104 Coll., on measures against harmful agents on fruit trees and shrubs and vines, as amended by the Government Decree of 3 July 1936, No 187 Coll., as well as the applicability of the Government Decree of 29 February 1940, No 160 Coll., and the Decree of 11 March 1943, No 79 Coll., amending and supplementing Government Decree No 104 / 1931 Coll.
This Regulation shall enter into force on the day of its publication; they shall be implemented by the Minister for Agriculture in agreement with the Ministers involved.
Gottwald v. r.
Broad v. r.
Laušman v. r.
Zaporocký v. r.
Dr Clementis v. r.
Maj-Gen Svoboda v. r.
Dr. Ševčík v. r.
Dr Gregor v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr. Unedible v. r.
Dr Cap v. r.
Kopecký v. r.
Děuriš v. r.
Krajčir v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
Erban v. r.
Plojhar v. r.
Ing. Jankovcová v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Government Decree No. 101 / 1948 Coll., on measures against harmful agents in fruit trees and shrubs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.05.1948 |
|---|---|
| Effective from | 26.05.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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