Section 38-24B-15 – Importation of plants–Certificate or copy to be attached–Violation as misdemeanor.
38-24B-15. Importation of plants–Certificate or copy to be attached–Violation as misdemeanor. Any person who engages in the selling and shipping of nursery stock, decorative plants, annual plants, or sod into this state or the selling and shipping of nursery stock out of this state shall attach to the bill of lading or to the outside […]
Section 38-24B-16 – Accepting plants for shipment without certificate prohibited–Carrier to report imported plants without indicia of inspection–Quarantine–Disposition–Violation as misdemeanor.
38-24B-16. Accepting plants for shipment without certificate prohibited–Carrier to report imported plants without indicia of inspection–Quarantine–Disposition–Violation as misdemeanor. No person may accept for shipment any nursery stock, decorative plants, annual plants, or sod which is intended for resale or redistribution without a valid certificate affixed to the bill of lading or on the outside of […]
Section 38-24B-17 – Inspection of nurseries, places of possible pest infestation and nursery stock–Hindering as misdemeanor.
38-24B-17. Inspection of nurseries, places of possible pest infestation and nursery stock–Hindering as misdemeanor. The Department of Agriculture and Natural Resources may annually inspect all nurseries in this state. The department may inspect any field, orchard, garden, plantation, park, cemetery, packing ground, building, cellar, and all places, public or private, which may be infested or […]
Section 38-24B-18 – Withholding certificate where pests discovered–Prohibiting distribution of infested or defective stock.
38-24B-18. Withholding certificate where pests discovered–Prohibiting distribution of infested or defective stock. If any pests are discovered in any nursery, the certificate of inspection shall be withheld until the pest has been abated, as provided in this chapter. The secretary of agriculture and natural resources may prohibit the sale or distribution of any nursery stock […]
Section 38-24B-19 – Finding of pest infestation–Notice–Orders to prevent spread and to treat or destroy plant material–Notice of orders–Violation as misdemeanor.
38-24B-19. Finding of pest infestation–Notice–Orders to prevent spread and to treat or destroy plant material–Notice of orders–Violation as misdemeanor. If the Department of Agriculture and Natural Resources finds on examination any nursery, nursery stock, orchard, small-fruit plantation, park, cemetery, or any private or public premises infested with pests, he shall notify in writing the owner […]
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 […]