Section 38-24B-25 – Agreements for certification of out-of-state and foreign nurserymen.
38-24B-25. Agreements for certification of out-of-state and foreign nurserymen. The secretary of agriculture and natural resources may enter into an agreement with any agency of another state or with the United States Department of Agriculture and Natural Resources which is responsible for the inspection and certification of nursery stock, decorative plants, annual plants, sod, or […]
Section 38-24B-26 – Shipments of stock received from foreign country–Notice–Quarantine.
38-24B-26. Shipments of stock received from foreign country–Notice–Quarantine. Any person receiving, directly or indirectly, any shipment of nursery stock from any foreign country shall notify the Department of Agriculture and Natural Resources of the arrival of such shipment, the contents thereof, and the name of the consignor and shall hold the shipment unopened until inspected […]
Section 38-24B-29 – Violation of chapter–Revocation of license–Liability for damages.
38-24B-29. Violation of chapter–Revocation of license–Liability for damages. If a nurseryman violates the provisions of this chapter, the nurseryman’s license may be cancelled or revoked pursuant to chapter 1-26. In addition, any person is liable in a civil action for all damage that is occasioned or caused by a violation of this chapter. Source: SL […]
Section 38-24B-30 – Nursery fund established–Purpose–Appropriations.
38-24B-30. Nursery fund established–Purpose–Appropriations. Fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the nursery fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall […]
Section 38-24B-20 – Treatment or destruction by secretary on failure of owner–Strict liability for costs–Assessment, collection, and disposition.
38-24B-20. Treatment or destruction by secretary on failure of owner–Strict liability for costs–Assessment, collection, and disposition. If the owner or person in charge of any premises refuses or neglects to comply with the orders of the secretary of agriculture and natural resources, within a reasonable period of time and after receiving a written notice, the […]
Section 38-24B-6 – Application for license.
38-24B-6. Application for license. Any nurseryman desiring to sell or ship nursery stock in the state shall make application before the first day of March to the department for a license. Source: SL 1985, ch 313, §6; SL 2016, ch 202, §4.
Section 38-24B-21 – Damages for loss of infested or defective stock prohibited.
38-24B-21. Damages for loss of infested or defective stock prohibited. No damages may be awarded to the owner for the loss of any infested or infected, nonviable, damaged or desiccated nursery stock, decorative plant, annual plant, sod, or related plant products under this chapter. Source: SL 1985, ch 313, §21.
Section 38-24B-7 – Issuance of license–Annual fee.
38-24B-7. Issuance of license–Annual fee. The department shall issue a license to any nurseryman, operating as a resident nurseryman or dealer, who completes the application provided by the department and pays the license fee. The annual fee for the license is as follows: (1)Resident nurseryman: two hundred dollars. However, the fee for a resident nurseryman […]
Section 38-24B-22 – Seller to furnish documents showing point of origin of stock–Violation as misdemeanor.
38-24B-22. Seller to furnish documents showing point of origin of stock–Violation as misdemeanor. Any person selling nursery stock, decorative plants, annual plants, sod, or related plant products in this state shall, if requested, furnish the Department of Agriculture and Natural Resources with copies of his order forms, contracts, invoices, and agreements which would verify the […]
Section 38-24B-7.1 – Certificate of inspection_Fee.
38-24B-7.1. Certificate of inspection–Fee. The department shall issue a certificate of inspection to any nurseryman or dealer whose nursery stock has been officially inspected and found to be viable and free from pests. The inspection fee shall be two hundred and fifteen dollars per inspection. Source: SL 2016, ch 202, §2; SL 2017, ch 181, […]