Section 927.51 | Plants and nursery stock definitions.
(A) "Collected plant" means any plant dug or gathered from any wood lot, field, forest, or any other location in which such a plant is found growing in its native habitat.
(B) "Collector" means any person who collects, for sale, plants from wood lots, fields, forests, or other native habitat.
(C) "Dealer" means any person other than a nurseryman who offers for sale, sells, or distributes nursery stock, either exclusively or in connection with other merchandise, in or from any nursery, store, sales ground, stand, lot, truck, railway car, or other vehicle. "Dealer" includes any landscaper who sells or offers for sale nursery stock as a part of a grounds improvement project that may involve the installation of such plants.
(D) "Hardy," when applied to plants and bulbs, whether wild or cultivated, means capable of surviving the normal winter temperatures of this state.
(E) "Host" means any plant or plant product from which any pest derives its food supply, or upon which it depends for its well being or to complete any part of its life cycle.
(F) "Infested" means containing or harboring one or more pests or infected with one or more pests.
(G) "Nursery" means any grounds or premises on or in which nursery stock is propagated or grown for sale.
(H) "Nurseryman" means a person who owns, leases, manages, or is in charge of a nursery.
(I) "Nursery stock" means:
(1) Any hardy tree, shrub, plant, or bulb, whether wild or cultivated, except turfgrass, and any cutting, graft, scion, or bud thereof;
(2) Any nonhardy plant, or plant part, that is to be offered for sale in any state that requires inspection and certification of the plant or plant part as a condition of entrance therein.
(J) "Person" means any corporation, company, society, association, partnership, individual or combination of individuals, institution, park, or any public agency administered by the state or any subdivision of the state.
(K) "Pest" means any insect, mite, nematode, bacteria, fungus, virus, parasitic plant, or any other organism or any stage of any such organism that causes, or is capable of causing, injury, disease, or damage to any plant, plant part, or plant product.
(L) "Place of business" means each separate location from which nursery stock is sold, offered for sale, or distributed.
(M) "Intensive production area" means a place where nursery stock is propagated or grown using greenhouses, liner beds, lath beds, or containers.
(N) "Nonintensive production area" means any place where nursery stock is propagated or grown as field stock.
(O) "Forced floral plants" means plants with desirable flower characteristics in which the bloom is artificially induced at an unnatural time of the year.
Available Versions of this Section
- July 17, 2009 – House Bill 1, 128th General Assembly [ View July 17, 2009 Version ]