286.201 Insect pest and plant disease act; short title. Sec. 1. This act shall be known by the short title of “The insect pest and plant disease act.” History: 1931, Act 189, Eff. Sept. 18, 1931 ;– CL 1948, 286.201 Former Law: See Act 91 of 1905, being CL 1915, §§ 7411 to 7432; Act […]
286.202 Definitions. Sec. 2. As used in this act: (a) “Agent” means a person that solicits, takes orders, or sells nursery stock in this state for a grower or dealer of nursery stock, but not on the premises or place of business of the grower or dealer of nursery stock. (b) “Department” means the department […]
286.203 Inspection of nursery and other premises; right of access. Sec. 3. The director or his deputies shall have authority to inspect any nursery, orchard, fruit or garden plantation, field, park, cemetery, private premises or public place, and any place which might become infested or infected with insect pests or diseases. He shall also have […]
286.204 Inspection of stock before sale; application; assumed name. Sec. 4. A person desiring to sell or give away nursery stock in this state shall apply in writing before April 1 of each year to the director for the inspection of the nursery stock growing in this state. A person that fails to apply for […]
286.205 Nursery stock from foreign country; inspection. Sec. 5. Every person, firm, partnership, association or corporation receiving directly or indirectly any nursery stock or other living plants or living plant parts for or capable of propagation from a foreign country shall notify the director of the arrival of such shipment, of the contents thereof, and […]
286.206 Inspections of nurseries; fee; certificate of inspection; validity; prohibitions; basis for charging inspection fee; review and adjustment of fees schedule. Sec. 6. (1) The director shall cause to be inspected not less than every other year each nursery located in this state, and each nursery dealer located in this state that receives nursery stock […]
286.207 Withholding certificate; precautions; fraud, investigation, revocation of license. Sec. 7. If the director finds that part of a nursery is infested or infected with insect pests or plant diseases and that the remainder of it is not so infested or infected, or if he has reason to believe that a nursery is liable, by […]
286.208 Sale of dead or weakened nursery stock; penalty. Sec. 8. Only sound, healthy nursery stock stored or displayed under conditions which will maintain its vigor shall be offered for sale. Offering for sale of dead nursery stock or of stock so seriously weakened by drying, excessive heat or cold, or any other condition that […]
286.209 License required for sale of nursery stock; exception; application; fees; agriculture licensing and inspection fees fund; horticulture fund; creation and administration; horticulture advisory committee; section inapplicable to certain persons; issuance of initial or renewal license; failure to issue or deny license within time period; “completed application” defined. Sec. 9. (1) A person growing or […]
286.210 Licenses to sell nursery stock; buyers and dealers; certificate to deal in inspected stock, number of licenses. Sec. 10. Every dealer within the meaning of this act, engaged in the buying and selling of nursery stock in this state, shall secure a license and certificate, first certifying to the director in writing that he […]
286.211 Nonresident nurseryman, dealer, or grower; license required; fee; waiver; reciprocal agreements; violation as grounds for denial of right to ship nursery stock. Sec. 11. (1) Each nonresident nurseryman, dealer, or grower, who solicits or takes orders for or sells nursery stock in this state through resident or nonresident agents, shall each year obtain a […]
286.212 Repealed. 2016, Act 254, Eff. Sept. 26, 2016. Compiler’s Notes: The repealed section pertained to license to sell nursery stocks.
286.213 Revocation, suspension or withholding of license or certificate; hearing; appeal. Sec. 13. The commissioner of agriculture shall at any time have the power to withhold, suspend or revoke any license or certificate for sufficient cause, including any violation of this act or non-conformity with any rule or regulation promulgated under this act. Before withholding, […]
286.214 Revocation, suspension or withholding of license or certificate; hearing, order of revocation; penalty for wrongful use of license on certificate, withholding. Sec. 14. If it is found that any license or certificate issued or approved by the commissioner of agriculture is being used in connection with nursery stock or other plants which have not […]
286.215 Tags on stock; inspection of imported stock on request; expense. Sec. 15. It shall be unlawful for any person, firm, partnership, association or corporation to bring or cause to be brought into this state, or to transport or ship within this state, any nursery stock unless there is plainly and legibly marked thereon or […]
286.216 Tags on stock; certificate of inspection; unlawful transportation; report to commissioner. Sec. 16. Every person, firm, partnership, association or corporation who sells or gives away nursery stock in this state is hereby required to attach to the outside of each package, box, bale or carload shipped or otherwise delivered, a tag or poster on […]
286.216a Definitions; sale, distribution, or use of purple loosestrife. Sec. 16a. (1) As used in this section: (a) “Person” means an individual, partnership, corporation, association, governmental entity, or any other legal entity. (b) “Purple loosestrife” means a nonnative member of the genus Lythrum, or hybrid of that genus. (2) Except as otherwise provided in this […]
286.217 Sale of nursery stock; inspection; transportation of nursery stock, wild trees, herbaceous perennials, and shrubs; uninspected stock; shipping documents. Sec. 17. (1) A person shall not sell within this state any nursery stock unless the nursery stock has been inspected and a certificate issued by the director stating that the nursery stock has been […]
286.217a Access to markets for nursery stock; certificate of free sale; application; fees; “certificate of free sale” defined. Sec. 17a. (1) To facilitate continued access to markets for nursery stock, the department may do 1 or both of the following: (a) At the request of a nursery dealer, nursery grower, or plant grower or based […]
286.218 Nuisances; public places kept free from injurious insect pests and plant diseases; insects, fungi, bacteria, nematodes, viruses or living plant parasitic organisms; permits. Sec. 18. (a) All injurious insect pests and plant diseases which are liable to spread to other plants, plant products or places to the injury thereof, or to the injury of […]
