1. (a) This section does not apply to the following:

   1. (1) The sale or distribution of nursery stock or wildflower seeds to the following:

      1. (A) An individual who resides in Indiana.
      2. (B) A governmental entity.
      3. (C) A nonprofit organization or an educational institution.
      4. (D) An agricultural research program.
   2. (2) The exchange of nursery stock or wildflower seeds with a person or an entity.

2. (b) The department may not sell or distribute nursery stock or wildflower seeds to the following:

   1. (1) An individual who resides in a state other than Indiana, unless the individual:

      1. (A) owns land in Indiana; and
      2. (B) submits an affidavit that affirms that the nursery stock or wildflower seeds will be planted in Indiana.
   2. (2) A retail business that sells nursery stock or wildflower seeds.
   3. (3) A wholesale business that sells nursery stock or wildflower seeds.

As added by P.L.82-2007, SEC.3.