(a)

1. (1) All nurseries shall be inspected at least once each year for insect pests, plant diseases, and noxious weeds, and a written notice of the findings of such inspection shall be given by the State Plant Board to the owner or manager of each nursery.
2. (2) Upon the inspection of the nursery and proper fulfillment by the nurseryman in charge thereof of the requirements and conditions contained in said notice and upon full payment of the fees and costs hereinafter prescribed, the board shall issue a certificate of inspection.
3. (3) Application for inspection of nurseries must be made by August 15 of each year.

(b) Nurseryman's license.

1. (1) Nursery dealers and/or agents are required by law to have a valid license issued by the board prior to offering for sale or selling nursery stock in Arkansas.

2. (2) Stock of nursery dealers and that sold by nursery agents shall be inspected from time to time, inspections to be made:

   1. (A) In heel yards;
   2. (B) In transit; and/or
   3. (C) After stock has been sold.

3. (3) Dealers must provide facilities for keeping nursery stock in viable condition, either outdoors or indoors, and inspectors will check such facilities for compliance, as well as infestation of:

   1. (A) Insect pests;
   2. (B) Plant diseases; and
   3. (C) Noxious weeds.

(c) Nursery dealer’s license. Any dealer who holds a nursery dealer’s license under the provisions of the Arkansas Nursery Fraud Act of 1919, Arkansas Code § 2-21-101 et seq., may secure a dealer's certificate by filing with the board an affidavit stating that he or she:

1. (1) Will keep the Director of the State Plant Board informed of the names and addresses of the nurserymen from whom he or she secured his or her nursery stock; and
2. (2) Will not ship under his or her dealer's certificate any nursery stock unless the grower of said nursery stock is in possession of a valid certificate or permit issued by the board.

(d) Nursery landscape contractors.

1. (1) Those nursery dealers involved in the installation of ornamental or horticultural plants, or offering for sale, or selling nursery stock in Arkansas, through the planting of nursery stock for compensation, are considered to be nursery landscape contractors.
2. (2) If not already holding a valid Arkansas nurseryman or nursery dealer’s license, nursery landscape contractors will be required to obtain a valid nursery landscape contractor license issued by the board to perform such services.

3. (3)

   1. (A) Stock of nursery landscape contractors shall be inspected from time to time with inspections to be made:

(i) In heel yards;

1. (ii) In transit; and/or

   1. (iii) After stock has been planted.

   2. (B) Inspectors will check for:

      1. (i) Viability of stock;
      2. (ii) Infestations of insects;
      3. (iii) Plant disease; and
      4. (iv) Noxious weeds.

2. (4)

   1. (A) Nursery landscape contractors who do not maintain a heel yard shall submit a list of no more than ten (10) contract jobs, which have been completed within the last twelve (12) months, so that inspection of plant materials can be made on site.
   2. (B) This list of jobs must be submitted to the board by May 15 of the preceding licensed year.

(f) Limited nurseryman license.

1. (1) This category is required to have a valid license issued by the board prior to offering for sale or selling nursery stock in Arkansas.

2. (2)

   1. (A) The limited nurseryman license is defined by selling only plants which are propagated and produced by that grower.
   2. (B) They are not allowed to broker other regulated plants, which were produced by another grower, nor are they allowed to supply another business to sell their plant materials.
3. (3) The limited nurseryman license status will be limited to those producing less than five hundred square feet (500 sq. ft.) of nursery stock per year.
4. (4) This license does not include contracting or installation of nursery stock.