§ 4021. Definitions As used in this chapter: (1) “Secretary” means the Secretary of Agriculture, Food and Markets or his or her designee. (2) “Agency” means the Agency of Agriculture, Food and Markets. (3) “Nursery” means all lands, premises, and buildings on or in which nursery stock is grown, transported, or offered for sale. (4) […]
§ 4022. Secretary of Agriculture, Food and Markets as enforcing official The Secretary shall enforce the provisions of this chapter and perform such duties as may be required by the federal plant pest quarantine statutes. The Secretary may employ such assistance as necessary for the proper performance of his or her duties. (Added 1985, No. […]
§ 4023. Nursery inspection; fees (a) The Secretary, as he or she deems necessary, may inspect nursery stock in the possession of a nursery grower or nursery dealer licensed under section 4024 of this title or any place within the State where nursery stock is grown, collected, stored, sold, offered for sale, or distributed. After […]
§ 4024. Nursery license (a) No person shall operate as a nursery grower or nursery dealer in the State without first obtaining a nursery license from the Secretary. A nursery grower or nursery dealer shall apply annually for a nursery license on a form provided by the Secretary. The Secretary shall establish by rule the […]
§ 4025. Shipments by nursery dealers to be accompanied by inspection certificates Whenever a nursery dealer or nursery grower licensed under this chapter ships or delivers any nursery stock grown within this State, he or she shall include with each shipment a copy of the inspection certificate issued by the Secretary, or an approved facsimile, […]
§ 4026. Foreign nursery stock; certificate of inspection; transportation; penalty Nursery stock transported into this State for sale, distribution, or installation shall be accompanied by a valid certificate of inspection, or a reasonable facsimile, or other certification accepted by the Secretary, from the state from which the consignment comes or from a U.S. government inspector, […]
§ 4027. Diseased or infested stock; stop-sale; destruction (a) Only sound, healthy nursery stock that will maintain its vigor shall be offered for sale. Offering for sale stock that is diseased or infested with injurious pests is a violation of this chapter. Whenever the Secretary has reason to believe that any nursery, nursery grower, or […]
§ 4028. Access to records; nursery stock A nursery dealer or nursery grower engaged in the sale, distribution, or installation of nursery stock shall: (1) provide access for inspection by the Secretary of all nursery stock; (2) follow appropriate practices so that an adequate inspection of the nursery can be made; and (3) maintain for […]
§ 4029. Rules; distribution; penalties (a) The Secretary shall adopt rules as prescribed by 3 V.S.A. chapter 25 as he or she deems necessary to carry out the provisions of this chapter. The rules shall be printed by the State and distributed by the Secretary. (b) A person who violates any provisions of this chapter […]
§ 4030. Special conditions; certification (a) The Secretary is authorized to establish conditions and rules under which certain plants may be grown and certified free from virus, fungi, bacteria, or any infesting organism considered detrimental to the plant. (b) The Secretary is authorized to issue an additional certificate, certifying that the plants were grown under […]
§ 4031. Plants taken from the wild (a) The Secretary may adopt procedural rules pursuant to the Administrative Procedure Act as set forth in 3 V.S.A. chapter 25, for the collection, sale, or distribution of plants taken from the wild, on the list of Convention on International Trade on Endangered Species of Wild Fauna and […]
§ 4032. Cooperation with other government agencies The Secretary may enter into agreements or programs with other government agencies to allow movement of nursery stock or to implement federal or state quarantines as the Secretary deems necessary or are required under federal or state law. (Added 1985, No. 57, § 1; amended 2003, No. 42, […]
