2-2120.   Live plant dealer's license; applicationfees; sale of live plants, conditions.Every live plant dealer, before selling or offering forsale or deliveringany live plants in this state, shall procurefrom the secretary a live plantdealer's license for each location and vehicle from which the live plantdealeroffers such live plants for sale. Application forsuch license shallbe made on a form furnished by the secretary, and the fee for eachapplication shall be fixed by rules and regulations adopted by thesecretary,except that such fee shall not exceed$60, and shall notapply to live plant dealers whose total annual retail live plant sales are lessthan $10,000. The applicationfee in effecton the day preceding the effective date of this act shall continue in effectuntil the secretary adopts rules and regulations fixing adifferent applicationfee under this section. The dealer's license shallexpire on January 31, following date of issue, exceptthat all valid certificates of nursery inspection and nursery dealer licensesissued by the secretary that are scheduled to expire in 2002 shall remainvalid until January 31, 2003. A live plantdealer may sell only live plants which are in compliance with all quarantinesand regulated nonquarantine pest freedom standards established by thesecretary, or live plantsaccompanied by a validcertificate of inspection of a federal inspector or inspector of anotherstate, stating that such live plants comply with all applicable quarantinesandregulated nonquarantine pest freedom standards. Except where restricted by aquarantine, live plants transplanted on one contiguous property are exempt fromthe provisions of this act.

      History:   L. 1965, ch. 6, § 9;L. 1972, ch. 6, § 2;L. 1982, ch. 4, § 6;L. 2002, ch. 91, § 8; July 1.