Assembly Bill No. 135–Committee on Natural Resources, Agriculture and Mining

(On Behalf of Division of Agriculture)

February 4, 1999

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Referred to Committee on Natural Resources, Agriculture and Mining

 

SUMMARY—Revises provisions relating to nurseries and nursery stock. (BDR 49-742)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to agriculture; revising the definition of "nursery" to include a location where nursery stock is propagated and from which nursery stock is distributed directly to a customer; exempting certain nurseries that are licensed by another state from the requirement of obtaining a license from the administrator of the division of agriculture of the department of business and industry; revising the definition of "peddler" to exclude certain nurserymen licensed by another state; requiring nursery stock shipped intrastate or interstate to a point within this state to be accompanied by an inspection certificate or a phytosanitary certificate; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 555.235 is hereby amended to read as follows:

1-2 555.235 As used in NRS 555.235 to 555.249, inclusive:

1-3 1. ["Agent" means any person who:

1-4 (a) Acts upon the authority of another person possessing a valid nursery

1-5 license in this state; and

1-6 (b) Solicits for the sale of nursery stock.

1-7 2. "Container" means any receptacle in which nursery stock is packed

1-8 for shipment, storage or sale.

1-9 3.] "Inspecting officer" means a person authorized by the division to

1-10 inspect nursery stock.

1-11 [4.] 2. "Licensee" means any person licensed under the provisions of

1-12 NRS 555.235 to 555.249, inclusive.

2-1 [5.] 3. "Nursery" means any [ground or place where] location:

2-2 (a) Where nursery stock is grown, propagated, stored [, packed, treated,

2-3 fumigated or offered for sale.

2-4 6.] or sold; or

2-5 (b) From which nursery stock is distributed directly to a customer.

2-6 4. "Nursery stock" means any plant for planting, propagation or

2-7 ornamentation, and includes parts of plants, trees, shrubs, vines,

2-8 vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and

2-9 grafts.

2-10 [7. "Peddler" means any person who sells, solicits or offers for sale

2-11 nursery stock to the ultimate customer and who does not have an

2-12 established permanent place of business in the state. The term does not

2-13 include nurserymen who wholesale stock to retail nurserymen in this state.

2-14 8.] 5. "Pest" means [:

2-15 (a) Any] any form of animal or vegetable life detrimental to the nursery

2-16 industry of [the state.

2-17 (b) Any form of vegetable life detrimental to the nursery industry of the

2-18 state.

2-19 9. "Pest disease" means any infectious, transmissible or contagious

2-20 disease of plants, or any disorder of plants which manifests symptoms or

2-21 behavior which the director, after investigation, determines to be

2-22 characteristic of an infectious, transmissible or contagious disease.

2-23 10. "Place of business" means any location used to propagate, grow,

2-24 maintain, hold, sell or distribute nursery stock and includes but is not

2-25 limited to established permanent places of business, registered places of

2-26 business, established sales yards, store yards, store or sales locations or

2-27 similar outlets for which the minimum nursery license fee has been paid.

2-28 11.] this state, including, without limitation, any insect, snail,

2-29 nematode, fungus, virus, bacterium, microorganism, mycoplasmal

2-30 organism, weed, parasitic plant or any other plant that is normally

2-31 considered to be a pest of cultivated plants, uncultivated plants,

2-32 agricultural commodities, horticultural products or nursery stock, or that

2-33 the administrator declares to be a pest.

2-34 6. "Sell" means exchange, offer for sale, expose for sale, have in

2-35 possession for sale or solicit for sale.

2-36 Sec. 2. NRS 555.236 is hereby amended to read as follows:

2-37 555.236 1. Every person who engages in the commercial production,

2-38 holding, distribution, collection or selling of nursery stock shall obtain a

2-39 license from the administrator, except:

2-40 (a) Retail florists or other persons who sell potted, ornamental plants

2-41 intended for indoor decorative purposes.

3-1 (b) A person not engaged in the nursery business, raising nursery stock

3-2 as a hobby in this state, from which he makes occasional sales, if the

3-3 person reports to the administrator his intention to make such sales and

3-4 does not advertise or solicit for the sale of such nursery stock.

3-5 (c) Persons engaged in agriculture and field-growing vegetable plants

3-6 intended for sale for use in agricultural production.

3-7 (d) That the administrator may, to relieve hardships imposed by the

3-8 licensing requirements of NRS 555.235 to 555.249, inclusive, upon

3-9 persons residing in sparsely settled areas of [the] this state in which there

3-10 [exist] are no licensed nurseries, waive nursery licensing requirements for

3-11 any established business [concern] to permit occasional sales of nursery

3-12 stock [for customer accommodation.] to accommodate the customers of

3-13 the business.

3-14 (e) At the discretion of the administrator, persons selling vegetable

3-15 bulbs or flower bulbs, [such as] including, without limitation, onion sets,

3-16 tulip bulbs or similar bulbs.

3-17 (f) A nursery licensed by another state that sells nursery stock directly

3-18 to:

3-19 (1) A licensed retail nursery in this state; or

3-20 (2) The public by catalog.

3-21 2. Persons, state agencies or political subdivisions exempt from the

3-22 licensing requirements:

3-23 (a) Shall conduct their businesses in accordance with pest regulations

3-24 and grades and standards for nursery stock as established by the

3-25 administrator.

3-26 (b) Shall register annually, on or before July 1, with the division, the

3-27 location, size and type of nursery stock being produced.

3-28 Sec. 3. NRS 555.238 is hereby amended to read as follows:

3-29 555.238 1. The minimum nursery license fee is $50 per fiscal year,

3-30 to which must be added:

3-31 [1.] (a) Twenty dollars for each additional [established sales yard, store

3-32 or sales location operating at other than the registered place of business

3-33 within the state.

3-34 2.] nursery of a licensee who has already paid the minimum nursery

3-35 license fee.

3-36 (b) Two dollars for each acre of nursery stock in production or portion

3-37 thereof after the first acre up to a maximum fee of $15.

3-38 [3.] (c) Five dollars for each agent acting on behalf of a licensed

3-39 nursery established in this state and operating outside of the county in

3-40 which the nursery is located.

3-41 [4.] (d) Fifty dollars for each peddler.

4-1 2. As used in this section:

4-2 (a) "Agent" means any person who:

4-3 (1) Acts upon the authority of another person possessing a valid

4-4 nursery license in this state; and

4-5 (2) Solicits for the sale of nursery stock.

4-6 (b) "Peddler" means any person who sells, solicits or offers for sale

4-7 nursery stock to the ultimate customer and who does not have a nursery

4-8 in this state. The term does not include nurserymen licensed by another

4-9 state who wholesale nursery stock to retail nurserymen in this state or sell

4-10 nursery stock directly to the public by catalog.

4-11 Sec. 4. NRS 555.246 is hereby amended to read as follows:

4-12 555.246 1. All nursery stock shipped from other states to points

4-13 within this state and all nursery stock shipped intrastate [shall] must bear

4-14 on the outside of each container in which [such] the nursery stock was

4-15 packed for shipment a phytosanitary certificate or an inspection certificate

4-16 dated within a reasonable time [prior to] before shipment, which [shall:

4-17 (a) Certify that such] must:

4-18 (a) If it is a phytosanitary certificate, certify that the nursery stock has

4-19 been inspected and found free from dangerously injurious [insect pests,

4-20 plant diseases and noxious weeds] plant pests and quarantine pests or has

4-21 been treated in the manner et forth in the rules and regulations

4-22 prescribed by an applicable quarantine issued pursuant to chapter 554 of

4-23 NRS;

4-24 (b) If it is an inspection certificate, certify that the nursery from which

4-25 the nursery stock was shipped has been inspected and found free of

4-26 dangerously injurious plant pests and is commercially clean of common

4-27 pests [.

4-28 (b)] ; and

4-29 (c) Bear the signature of an [official] officer authorized to inspect

4-30 nursery stock.

4-31 2. No corporation, company or [individual] natural person engaged in

4-32 the transportation of freight or express may make delivery of any nursery

4-33 stock in this state without a phytosanitary certificate or an inspection

4-34 certificate.

4-35 3. As used in this section:

4-36 (a) "Dangerously injurious plant pest" means a plant pest that

4-37 constitutes a significant threat to the public, the nursery, agricultural,

4-38 forestry or horticultural industry in this state or the general

4-39 environmental quality of this state.

5-1 (b) "Phytosanitary certificate" means a certificate from the state of

5-2 origin of nursery stock that was shipped to this state which verifies that

5-3 an officer authorized to inspect nursery stock in the state of origin has

5-4 inspected the nursery stock and determined that it meets the requirements

5-5 set forth in paragraph (a) of subsection 1.

5-6 (c) "Quarantine pest" means a pest listed by the state quarantine

5-7 officer in a quarantine issued pursuant to chapter 554 of NRS.

5-8 Sec. 5. NRS 555.247 is hereby amended to read as follows:

5-9 555.247 1. All nursery stock shipped from other states to points

5-10 within this state and all nursery stock shipped intrastate [shall] must bear a

5-11 label on or attached to:

5-12 (a) The outside of the container in which the nursery stock was packed

5-13 for shipment [which shall indicate] that indicates the name and address of

5-14 the consignee and consignor and [contain] contains a statement describing

5-15 plainly and legibly the correct botanical or commonly accepted name , or

5-16 both , for each kind of nursery stock in [such] the container.

5-17 (b) Each individual piece of one kind and variety of nursery stock or

5-18 subcontainer or lot containing one kind and variety of nursery stock in

5-19 each container, [which shall contain] that contains a legible statement of

5-20 the correct botanical or commonly accepted name, or both, of [such] the

5-21 nursery stock.

5-22 2. Bulk shipments of nursery stock not packed in containers [shall:]

5-23 must:

5-24 (a) Be accompanied by one of the [certificate provided for in]

5-25 certificates required pursuant to NRS 555.246.

5-26 (b) Be accompanied by a manifest which [shall state] must:

5-27 (1) State the name and address of the consignor and consignee ; and

5-28 [which shall list]

5-29 (2) List and describe plainly and legibly the correct botanical or

5-30 commonly accepted name, or both, for each kind of nursery stock in [such]

5-31 the bulk shipment.

5-32 (c) Be labeled in accordance with the requirements of subsection 1.

5-33 Sec. 6. NRS 555.248 is hereby amended to read as follows:

5-34 555.248 Any nursery stock brought into this state which the

5-35 administrator or inspecting officer finds or has reasonable cause to believe

5-36 to be infested or infected with any pest must be destroyed immediately, at

5-37 the expense of the owner or bailee, under the supervision of the

5-38 administrator or the inspecting officer, unless:

5-39 1. The nature of the pest is such that no detriment can be caused to the

5-40 public, the nursery , agricultural, forestry or horticultural industry [or

5-41 related industries] in this state or the general environmental quality of this

5-42 state by shipping the nursery stock out of [the] this state. In such case the

5-43 administrator or inspecting officer:

6-1 (a) May affix a warning tag or notice to the nursery stock.

6-2 (b) Shall notify the owner or bailee to ship the nursery stock out of this

6-3 state within 48 hours.

6-4 (c) Shall keep the nursery stock under his control at the expense of the

6-5 owner or bailee.

6-6 (d) Shall destroy the nursery stock at the expiration of 48 hours if the

6-7 owner or bailee has not shipped the nursery stock out of [the] this state.

6-8 2. The administrator determines that the pest can be exterminated by a

6-9 treatment prescribed by the administrator with the result that no detriment

6-10 can be caused to the public, the nursery , agricultural, forestry or

6-11 horticultural industry [or related industries] in this state [.] or the general

6-12 environmental quality of this state. In such case, nursery stock will be

6-13 released if the nursery stock is:

6-14 (a) Treated in the manner prescribed by the administrator;

6-15 (b) Treated within the time specified by the administrator or inspecting

6-16 officer;

6-17 (c) Treated under the supervision of the inspecting officer; and

6-18 (d) Found to be free from pests.

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