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 […]
38-24B-10. Inspection and certification sales by nonprofit organizations–Violations as misdemeanors. A sale or trade of nursery stock may be made by garden clubs and other nonprofit organizations only if notification of the time and place of the sale is given to the Department of Agriculture and Natural Resources at least ten days prior to the […]
38-24B-11. Certain applicants prohibited from receiving license or certificate of inspection. No certificate of inspection or license may be issued to an applicant who purchases nursery stock from an uncertified nursery in this state or from a nonresident nursery or nursery stock dealer whose stock has not been inspected and certified by the regulatory official […]
38-24B-12. Growers and dealers–Certificate of inspection–Fees. Any grower or dealer of decorative plants, annual plants, sod, or related plant products may apply to the department for a certificate of inspection. The department may issue a certificate of inspection to the person whose decorative plants, annual plants, sod, or related plant products have been officially inspected […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
38-24B-23. Seller of infested stock to furnish names and addresses of buyers–Violation as misdemeanor. Any person offering for sale in this state nursery stock, decorative plant, annual plant, sod, or related plant product that is known to be infested or infected with pests shall furnish the Department of Agriculture and Natural Resources within thirty days […]
38-24B-24. Use of information. The information furnished pursuant to §§38-24B-22 and 38-24B-23 is for the sole use of the secretary of agriculture and natural resources in carrying out the provisions of this chapter. Source: SL 1985, ch 313, §24; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
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 […]
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 […]
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 […]
