Assembly Amendment to Assembly Bill No. 103 First Reprint (BDR 18-102)
Proposed by: Committee on Ways and Means
Amendment Box: Resolves conflicts in sections 66, 67 and 74 with A.B. No. 135.
Resolves Conflicts with: AB135
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering sections 392 through 394 as sections 396 through 398 and adding new sections designated sections 392 through 395, following sec. 391, to read as follows:
"Sec. 392. Section 1 of Assembly Bill No. 135 of this session is hereby amended to read as follows:
Section 1. NRS 555.235 is hereby amended to read as follows:
555.235 As used in NRS 555.235 to 555.249, inclusive:
1.
(a) Acts upon the authority of another person possessing a valid nursery license in this state; and
(b) Solicits for the sale of nursery stock.
2. "Container" means any receptacle in which nursery stock is packed for shipment, storage or sale.
3.] "Inspecting officer" means a person authorized by the department to inspect nursery stock.
[4.] 2. "Licensee" means any person licensed under the provisions of NRS 555.235 to 555.249, inclusive.
[5.] 3. "Nursery" means any [ground or place where] location:
(a) Where nursery stock is grown, propagated, stored [, packed, treated, fumigated or offered for sale.
6.] or sold; or
(b) From which nursery stock is distributed directly to a customer.
4. "Nursery stock" means any plant for planting, propagation or ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.
[7. "Peddler" means any person who sells, solicits or offers for sale nursery stock to the ultimate customer and who does not have an established permanent place of business in the state. The term does not include nurserymen who wholesale stock to retail nurserymen in this state.
8.] 5. "Pest" means [:
(a) Any] any form of animal or vegetable life detrimental to the nursery industry of [the state.
(b) Any form of vegetable life detrimental to the nursery industry of the state.
9. "Pest disease" means any infectious, transmissible or contagious disease of plants, or any disorder of plants which manifests symptoms or behavior which the director, after investigation, determines to be characteristic of an infectious, transmissible or contagious disease.
10. "Place of business" means any location used to propagate, grow, maintain, hold, sell or distribute nursery stock. The term includes, but is not limited to, established permanent places of business, registered places of business, established sales yards, store yards, store and sales locations and similar outlets for which the minimum nursery license fee has been paid.
11.] this state, including, without limitation, any insect, snail, nematode, fungus, virus, bacterium, microorganism, mycoplasmal organism, weed, parasitic plant or any other plant that is normally considered to be a pest of cultivated plants, uncultivated plants, agricultural commodities, horticultural products or nursery stock, or that the director declares to be a pest.
6. "Sell" means exchange, offer for sale, expose for sale, have in possession for sale or solicit for sale.
Sec. 393. Section 2 of Assembly Bill No. 135 of this session is hereby amended to read as follows:
Sec. 2. NRS 555.236 is hereby amended to read as follows:
(a) Retail florists or other persons who sell potted, ornamental plants intended for indoor decorative purposes.
(b) A person who is not engaged in the nursery business and raises nursery stock as a hobby in this state, from which he makes occasional sales, if the person reports to the director his intention to make those sales and does not advertise or solicit for the sale of that nursery stock.
(c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.
(d) That the director may, to relieve hardships imposed by the licensing requirements of NRS 555.235 to 555.249, inclusive, upon persons residing in sparsely settled areas of [the] this state where no licensed nurseries exist, waive the requirements for the licensing of nurseries for any established business [concern] to permit occasional sales of nursery stock [for customer accommodation.] to accommodate the customers of the business.
(e) At the discretion of the director, persons selling vegetable bulbs or flower bulbs, including
, without limitation, onion sets, tulip bulbs and similar bulbs.(f) A nursery licensed by another state that sells nursery stock directly to:
(1) A licensed retail nursery in this state; or
(2) The public by catalog.
2. Persons, state agencies or political subdivisions exempt from the licensing requirements:
(a) Shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the director.
(b) Shall register annually, on or before July 1, with the department, the location, size and type of nursery stock being produced.
Sec. 394. Section 6 of Assembly Bill No. 135 of this session is hereby amended to read as follows:
Sec. 6. NRS 555.248 is hereby amended to read as follows:
1. The nature of the pest is such that no detriment can be caused to the public, the nursery , agricultural, forestry or horticultural industry [or related industries] in this state or the general environmental quality of this state by shipping the nursery stock out of [the] this state. In that case the director or inspecting officer:
(a) May affix a warning tag or notice to the nursery stock.
(b) Shall notify the owner or bailee to ship the nursery stock out of this state within 48 hours.
(c) Shall keep the nursery stock under his control at the expense of the owner or bailee.
(d) Shall destroy the nursery stock at the expiration of 48 hours if the owner or bailee has not shipped the nursery stock out of [the] this state.
2. The director determines that the pest can be exterminated by a treatment prescribed by the director with the result that no detriment will be caused to the public, the nursery , agricultural, forestry or horticultural industry [or related industries] in this state [.] or the general environmental quality of this state. In that case, nursery stock will be released if the nursery stock is:
(a) Treated in the manner prescribed by the director;
(b) Treated within the time specified by the director or inspecting officer;
(c) Treated under the supervision of the inspecting officer; and
(d) Found to be free from pests.
Sec. 395. The title of Assembly Bill No. 135 of this session is hereby amended to read as follows:
AN ACT relating to agriculture; revising the definition of "nursery" to include a location where nursery stock is propagated [and] or 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] director of the [division] state department 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.".