Section 2-18.1-1. – Short title.
§ 2-18.1-1. Short title. This chapter shall be known by the short title of “The Rhode Island nursery law”. History of Section.G.L. 1956, § 2-18.1-1, as assigned, P.L. 1962, ch. 132, § 1.
Section 2-18.1-10. – Dealer’s license.
§ 2-18.1-10. Dealer’s license. Every dealer, before offering nursery stock for sale or distribution or soliciting orders for nursery stock in Rhode Island, shall obtain a dealer’s license for each place of business from the department. The license expires on March 31 of each year, and application for renewal of a license shall be made […]
Section 2-18.1-11. – Reasons for withholding or revoking a license or certificate.
§ 2-18.1-11. Reasons for withholding or revoking a license or certificate. The director may withhold, suspend or revoke any license or certificate of inspection provided that upon ten (10) days’ notice, in writing, forwarded by registered or certified mail to the applicant or holder of the license or certificate, stating the contemplated action and in […]
Section 2-18.1-12. – Reinstatement of license or certificate.
§ 2-18.1-12. Reinstatement of license or certificate. The director may grant or reinstate any license or certificate of inspection which has been withheld, suspended or revoked if the conditions which incited the withholding, suspension or revocation have been corrected and the director is satisfied, as a result of investigation, that the conditions are not likely […]
Section 2-18.1-13. – Registration of agents.
§ 2-18.1-13. Registration of agents. Every agent selling or soliciting orders for nursery stock in Rhode Island must be registered with the department by his or her principal. History of Section.G.L. 1956, § 2-18.1-13, as assigned, P.L. 1962, ch. 132, § 1.
Section 2-18.1-14. – Reciprocal agreements.
§ 2-18.1-14. Reciprocal agreements. (a) Nursery workers, dealers, or other persons residing or doing business in another state, desiring to sell or solicit orders for nursery stock in this state, are, upon complying with all other provisions of this chapter and all rules and regulations promulgated under this chapter, and upon payment of the fee […]
Section 2-18.1-15. – Nonresidents.
§ 2-18.1-15. Nonresidents. Nonresident nursery workers, dealers and other persons, wishing to ship nursery stock into Rhode Island, whether or not licensed as dealers in Rhode Island, shall first file with the director a copy of a valid, unexpired certificate showing that the stock sold by that person has been officially inspected and found to […]
Section 2-18.1-16. – Collected plants.
§ 2-18.1-16. Collected plants. (a) No collected plants shall be transported within this state or placed in any nursery or in close proximity to any certified nursery stock unless they have first been inspected and found to be apparently free of injurious insects and plant disease. Inspection of collected plant stock shall be made after […]
Section 2-18.1-17. – Horticultural services.
§ 2-18.1-17. Horticultural services. The licensing and registration requirements of this chapter do not apply to any licensed arborist, landscape architect, private gardener, or servant on private estates, whose function is that of providing services, when obtaining or transporting certified nursery stock for which the nursery worker’s or dealer’s price has been paid in full […]
Section 2-18.1-18. – Labelling imported stock.
§ 2-18.1-18. Labelling imported stock. (a) All nursery stock shipped into this state from any country, state, commonwealth, province, territory, or the District of Columbia, shall bear on each box, package, bale, container, bundle, or other unit, a certificate of inspection, its facsimile, or an official tag, stating that the nursery stock contained within or […]
Section 2-18.1-19. – Common carrier.
§ 2-18.1-19. Common carrier. No transportation company or common carrier shall accept for transportation within this state, or deliver any box, bundle, package, bale, container, or other unit containing or consisting of nursery stock to any consignee within the state, unless the container or package has attached to it a copy of the official tag […]
Section 2-18.1-2. – Definitions.
§ 2-18.1-2. Definitions. For the purpose of this chapter, unless the context otherwise requires: (1) “Agent” means any person under the partial or full control of a nursery worker, dealer or other agent, who sells or solicits orders for nursery stock, not from a supply at hand, at a place other than a nursery worker’s […]
Section 2-18.1-20. – Inspection of imported stock — Disposition of infested stock.
§ 2-18.1-20. Inspection of imported stock — Disposition of infested stock. The director has the power to inspect at the point of destination all nursery stock coming into the state, whether under certificate or not, and should the stock be found infested with any injurious insects or plant diseases, he or she shall cause it […]
Section 2-18.1-21. – Treatment.
§ 2-18.1-21. Treatment. The director may designate by rule or regulation any fumigation or other disinfestation or disinfection procedures, the carrying out of which, when certified to, or sworn to, in a manner and under any conditions that he or she specifies, will be acceptable to him or her in place of the customary certificate […]
Section 2-18.1-22. – Misrepresentation.
§ 2-18.1-22. Misrepresentation. It is unlawful for any person to misrepresent, by name or otherwise, that he or she is a nursery worker or conducts a nursery business when this is not the case. This shall not apply to any person, firm, or corporation on record as doing business and building good will under this […]
Section 2-18.1-23. – Enforcement.
§ 2-18.1-23. Enforcement. It is the duty of the director of environmental management to enforce the provisions of this chapter, and all other laws for the inspection of orchards, nurseries, and other trees and shrubs and the protection of these objects from injurious insects and plant diseases. History of Section.G.L. 1956, § 2-18.1-23, as assigned, […]
Section 2-18.1-24. – Additional authority of the director.
§ 2-18.1-24. Additional authority of the director. The director is authorized and empowered: (1) To make rules and regulations for carrying out the provisions of this chapter; (2) To employ any assistants necessary to enable him or her to discharge his or her duty in carrying out the provisions of this chapter; and (3) To […]
Section 2-18.1-24.1. – License fees — Apportionment.
§ 2-18.1-24.1. License fees — Apportionment. (a) One-fifth (⅕) of all license fees received by the director under the provisions of this chapter shall be paid over to the general treasurer and deposited within the general fund, and four-fifths (⅘) of the funds collected shall be deposited into a separate fund within the general fund […]
Section 2-18.1-25. – Review of orders.
§ 2-18.1-25. Review of orders. Any person affected by any order made or served pursuant to this chapter may have a review of the order by the director and from his or her decision may appeal to the courts for the purpose of having the order modified or suspended. Application for review may be made […]
Section 2-18.1-26. – Penalties for violations.
§ 2-18.1-26. Penalties for violations. Any person who violates any of the provisions of this chapter with reference to: (1) The sale, distribution, receipt or delivery of nursery stock which has not been inspected and certified; (2) The sale or offering for sale of nursery stock without first obtaining a license as provided for in […]