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 […]
38-24B-30. Nursery fund established–Purpose–Appropriations. Fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the nursery fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall […]
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 […]
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.
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.
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 […]
38-24B-7.1. Certificate of inspection–Fee. The department shall issue a certificate of inspection to any nurseryman or dealer whose nursery stock has been officially inspected and found to be viable and free from pests. The inspection fee shall be two hundred and fifteen dollars per inspection. Source: SL 2016, ch 202, §2; SL 2017, ch 181, […]
38-24B-8. Separate license for each sale location–Display–Violation as misdemeanor. A separate license shall be obtained from the department for each location before selling, offering, or exposing nursery stock for sale. The license shall be displayed in a prominent manner wherever nursery stock is offered for sale. A violation of this section is a Class 2 […]
38-24B-9. License for out-of-state nurseryman–Fee–Waiver. Any nurseryman whose location is outside the state may obtain a license to sell nursery stock within the state by filing a certified copy of the official inspection certificate and paying a two hundred fifty dollar fee to the secretary of agriculture and natural resources. The secretary may waive the […]
