As used in this subarticle:

1. 1. “Broker” means any person who negotiates the purchase or sale of any nursery stock. A broker may or may not handle either the nursery stock which is involved or the proceeds of a sale;
2. 2. “Certificate” means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares, or verifies that an article, nursery stock, plant, product, shipment, or any other officially regulated items meet phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or certification, or any other set of legal requirements;
3. 3. “Compliance agreement” means any written document between a person and the State Department of Agriculture to achieve compliance with any set of requirements being enforced by the Department;
4. 4. “Cultivar” means a horticulturally, silviculturally, or agriculturally derived cultivated variety of a plant, as distinguished from a natural variety;
5. 5. “Dealer" means any person who sells, brokers, or distributes nursery stock that was not grown from seeds, cuttings, liners, or similar propagative material by the person but which was bought, received on consignment, or acquired and in the person’s possession;
6. 6. “Dangerously injurious plant pest” means a plant pest that constitutes a significant threat to the agricultural, silvicultural, or horticultural interests of this state, or the state's general environmental quality as determined by the State Board of Agriculture;
7. 7. “Facilities" means and includes all buildings, greenhouses, storage places, cellars, pits, trenches, bins, containers, packing materials, crates, packing rooms, display bins, refrigerators, ice boxes, and any other structures and materials used in storing, transporting, and distributing nursery stock. The nursery, dealer, or agent shall maintain the facilities as are necessary for the proper care and conservation of nursery stock;
8. 8. "Horticulture" means the discipline of agriculture science relating to the cultivation of gardens or orchards, including, but not limited to the growing of vegetables, flowers, and ornamental trees and shrubs;
9. 9. “Native species” means a species that, other than due to an introduction, historically occurred or currently occurs in that ecosystem;
10. 10. “Nursery” means and includes any field, ground, greenhouse, bin, pit, plot, or premise where nursery or floral stock is grown, propagated, or sold;
11. 11. “Nursery operator” means the person who owns, leases, manages, or is in control of a nursery, and is further defined as any person who is a grower of nursery stock;
12. 12. “Nursery stock” means and includes, whether in field or container, all trees, shrubs, vines, rosebushes, cuttings, grafts, scions, fruit pits, herbaceous plants, evergreens and other ornamental trees, bushes, collected wild plants and trees, decorative plants, flowering plants, bedding plants, vegetable plants for transplanting, aquatic plants, roots, corms, rhizomes, bulbs, and ferns grown for propagation, all packing materials, and other things used in the handling, storing, crating, and shipping of nursery stock. “Nursery stock” does not include cut Christmas trees, wreaths, seeds, agronomic crops, cut or dried flowers, and herbs;
13. 13. “Pest” means any living agent that is known to cause damage or harm to agriculture or the environment;
14. 14. “Phytosanitary certificate” means a document issued by the State Board of Agriculture indicating that the specified live plants or plant products comply with the legal requirements of the importing state or country. The document may be either a State Phytosanitary Certificate or Federal Phytosanitary Certificate;
15. 15. “Plant pest” means any pest of plants, agricultural commodities, horticultural products, nursery stock, or non-cultivated plants. Plant pest includes, but is not limited to, insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like organisms, weeds, plants, or other parasitic higher plants;
16. 16. “Sales location” means any principal business location where nursery stock is sold directly to a customer;
17. 17. “Sell” means to offer for sale, expose for sale, possess for sale, exchange, barter, or trade;
18. 18. “Seasonal sales operations” means business operations engaged in the nursery business for not more than a total of one hundred eighty days (180) in a calendar year;
19. 19. "Silviculture" means the development and care of forests;
20. 20. “Stop sale” means a legal document issued by the Board that prevents the sale of nursery stock due to an infestation of a dangerously injurious plant pest;
21. 21. “Turfgrass sod” means a strip or section of one or more grasses or other plants acceptable for lawn plantings which, when severed from its growing site, contains sufficient plant roots to remain intact, and does not contain weeds in excess of the amount specified by the Board;
22. 22. “Vegetable plant” means any plant grown from seed or other vegetative parts and sold as a transplant for the purpose of food production.

Added by Laws 2000, SB 1424, c. 367, § 1, emerg. eff. June 6, 2000.