18H.02 DEFINITIONS. Subdivision 1. Scope. The definitions in this section apply to this chapter. Subd. 2. Agent. “Agent” means a person who, on behalf of another person, receives on consignment, contracts for, or solicits for sale on commission, a plant product from a producer of the product or negotiates the consignment or purchase of a […]
18H.03 POWERS AND DUTIES OF COMMISSIONER. Subdivision 1. Employees. The commissioner may employ entomologists, plant pathologists, and other employees necessary to administer this chapter. Subd. 2. Entry and inspection; fees. (a) The commissioner may enter and inspect a public or private place that might harbor plant pests and may require that the owner destroy or […]
18H.04 ADOPTION OF RULES. The commissioner may adopt rules to carry out the purposes of this chapter. The rules may include, but are not limited to, rules in regard to labeling and the maintenance of viability and vigor of nursery stock. Rules of the commissioner that are in effect on July 1, 2003, relating to […]
18H.05 NURSERY CERTIFICATE REQUIREMENTS. (a) No person may offer for sale or distribute certified nursery stock as a nursery stock grower or dealer without first obtaining the appropriate nursery stock certificate from the commissioner. The commissioner may not issue a certificate to a person who does not sell certified nursery stock. Certificates are issued solely […]
18H.06 EXEMPT NURSERY SALES. Subdivision 1. Not-for-profit sales. An organization or individual may offer for sale certified nursery stock and be exempt from the requirement to obtain a nursery stock dealer certificate if sales are conducted by a nonprofit charitable, educational, or religious organization that: (1) conducts sales or distributions of certified nursery stock on […]
18H.07 FEE SCHEDULE. Subdivision 1. Establishment of fees. The commissioner shall establish fees sufficient to allow for the administration and enforcement of this chapter and rules adopted under this chapter, including the portion of general support costs and statewide indirect costs of the agency attributable to that function, with a reserve sufficient for up to […]
18H.08 SMALL LOT INSPECTIONS; VIRUS DISEASE-FREE CERTIFICATION; OTHER SERVICES. Subdivision 1. Services and fees. The commissioner may make small lot inspections or perform other necessary services for which another charge is not specified. For these services the commissioner shall set a fee plus expenses that will recover the cost of performing this service. The commissioner […]
18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS. (a) All nursery stock growing at sites identified by nursery stock dealers or nursery stock growers and submitted for inspection must be inspected by the commissioner within the previous 12 months prior to sale and found apparently free from quarantine and regulated nonquarantine pests as well as significantly dangerous or […]
18H.10 STORAGE OF NURSERY STOCK. (a) All nursery stock must be kept and displayed under conditions of temperature, light, and moisture sufficient to maintain the viability and vigor of the nursery stock. (b) Packaged dormant nursery stock must be stored under conditions that retard growth, prevent etiolated growth, and protect its viability. (c) Balled and […]
18H.11 NURSERY STOCK STANDARDS. The American Standard for Nursery Stock, ANSI Z60.1, published by the Nursery and Landscape Association, must be used by the commissioner in determining standards and grades of nursery stock when not in conflict with this chapter. History: 2003 c 128 art 5 s 10
18H.12 DAMAGED, DISEASED, INFESTED, OR MISREPRESENTED STOCK. (a) No person may knowingly offer to distribute, advertise, or display nursery stock that is infested or infected with quarantine or regulated nonquarantine pests or significant dangerous or potentially damaging plant pests, including noxious weeds or nursery stock that is in a dying condition, desiccated, frozen or damaged […]
18H.13 SHIPMENT OF NURSERY STOCK INTO MINNESOTA. Subdivision 1. Identification of origin. Proof of valid nursery certification and origin of all nursery stock must accompany the shipment. It is the shared responsibility of both the consignee and consignor to examine all shipments for the presence of current and applicable nursery stock certifications for all plant […]
18H.14 LABELING AND ADVERTISING OF NURSERY STOCK. (a) Plants, plant materials, or nursery stock must not be labeled or advertised with false or misleading information including, but not limited to, scientific name, variety, place of origin, hardiness zone as defined by the United States Department of Agriculture, and growth habit. (b) All nonhardy nursery stock […]
18H.15 VIOLATIONS. (a) A person who offers to distribute nursery stock that is uncertified, uninspected, or falsely labeled or advertised possesses an illegal regulated commodity that is considered infested or infected with harmful plant pests and subject to regulatory action and control. If the commissioner determines that the provisions of this section have been violated, […]
18H.16 POLITICAL SUBDIVISION ORDINANCES. A political subdivision must not enact an ordinance or resolution that conflicts with this chapter. History: 2003 c 128 art 5 s 15
18H.17 NURSERY AND PHYTOSANITARY ACCOUNT. A nursery and phytosanitary account is established in the state treasury. The fees and penalties collected under this chapter and interest attributable to money in the account must be deposited in the state treasury and credited to the nursery and phytosanitary account in the agricultural fund. Money in the account, […]
18H.18 CONSERVATION OF CERTAIN WILDFLOWERS. Subdivision 1. Restrictions on collecting. No person shall distribute any species of orchids (Orchidaceae), any gentian (Gentiana), arbutus (Epigaea repens), lilies (Lilium species), coneflowers (Echinacea species), bloodroot (Sanguinaria canadensis), mayapple (Podophyllum peltatutum), any species of trillium (Trillium species), or lotus (Nelumbo lutea), which have been collected in any manner from […]
