Section 38-24B-13 – Revocation of license–Hearing–Notice–Temporary cease and desist order.
38-24B-13. Revocation of license–Hearing–Notice–Temporary cease and desist order. The secretary may revoke a license for cause following a hearing pursuant to chapter 1-26. The secretary may issue a temporary cease and desist order pending the hearing. At least ten days notice shall be given prior to conducting a hearing pursuant to this section. Source: SL […]
Section 38-24B-14 – Term of license.
38-24B-14. Term of license. A license issued pursuant to the provisions of this chapter is in effect for a period not to exceed one year and expires on December thirty-first of the year issued. Source: SL 1985, ch 313, §14; SL 2001, ch 215, §37; SL 2016, ch 202, §9; SL 2017, ch 181, §5.
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-2 – Promulgation of rules.
38-24B-2. Promulgation of rules. The secretary of agriculture and natural resources may promulgate rules pursuant to the provisions of chapter 1-26 to establish: (1)Standards for inspection and sampling; (2)Standards for inspection performance; (3)Forms for requests for inspection; (4)Procedures for issuing and revoking certificates of inspections; (5)Restrictions for the movement of plants and hosts; (6)Treatment provisions […]
Section 38-24B-3 – Pests as public nuisances–Permitting existence of pests prohibited–Distributing infested plant products prohibited–Violation as misdemeanor.
38-24B-3. Pests as public nuisances–Permitting existence of pests prohibited–Distributing infested plant products prohibited–Violation as misdemeanor. A pest is declared to be a public nuisance. No person may knowingly permit pests to exist in or on his premises. No person may sell, offer for sale, or distribute any nursery stock, decorative plants, annual plants, sod, or […]
Section 38-24B-4 – Misrepresentation of nursery stock and plants offered for distribution–Violation as misdemeanor.
38-24B-4. Misrepresentation of nursery stock and plants offered for distribution–Violation as misdemeanor. No person may intentionally misrepresent the grade, character, variety, hardiness, or quality of nursery stock in a nursery or of nursery stock, decorative plants, annual plants, sod, or related plant products offered for sale or distribution. A violation of this section is a […]
Section 38-24B-5 – License required to sell or distribute nursery stock–Violation as misdemeanor.
38-24B-5. License required to sell or distribute nursery stock–Violation as misdemeanor. No person may sell, offer for sale, or distribute any nursery stock until the person has obtained a license from the secretary. A violation of this section is a Class 2 misdemeanor. Source: SL 1985, ch 313, §5; SL 2016, ch 202, §3.
Section 38-24B-1 – Definitions.
38-24B-1. Definitions. Terms, as used in this chapter, mean: (1)”Annual plants,” ornamental or vegetable plants which are commonly grown in movable containers and transplanted to out of doors locations and which do not live for more than one growing season; (2)”Dealer,” any person who is not a resident nurseryman: (a)Who buys nursery stock for the […]