It shall be unlawful for any person to knowingly or willfully violate any of the provisions of this subarticle or any rules of the State Board of Agriculture by:
1. Misrepresenting to another their connection with a nursery, or to:
- a. misrepresent the grade, character, variety, or quality of any nursery stock,
- b. make a false declaration of acreage,
- c. conceal any nursery stock from inspection, or
- d. offer for sale nursery stock which is seriously or substantially devitalized;
- 2. Failing to furnish the Board with true and exact copies of order forms, contracts, and agreements with customers;
- 3. Failing to furnish each purchaser, upon request, a true and correct invoice of each purchase, stating the variety, quality, age, or size of the stock to which the invoice applies;
- 4. Selling, offering for sale, or distributing any nursery stock infected or infested with a plant pest;
- 5. Selling, offering for sale, or distributing nursery stock that is not healthy, sound, and capable of growth;
- 6. Failing to carry out treatment or destruction of nursery stock as ordered by the Board;
- 7. Misrepresenting or falsifying information on a license application;
- 8. Doing business without a valid license;
- 9. Allowing a license to be used by any person other than the person to whom it was issued;
- 10. Failing to notify the Board of the legal description of all growing locations of nursery stock or sod;
- 11. Failing to allow an authorized agent to complete an inspection or collect adequate samples;
- 12. Selling nursery stock restricted by a stop sale order;
- 13. Selling, moving, or distributing nursery stock or other material under a quarantine;
- 14. Mislabeling nursery stock by using the wrong common name or botanical name;
- 15. Transporting any regulated article into the state from a quarantined area of any other state or country when the article has not been treated or handled as provided by the requirements of the quarantine;
- 16. Interfering with, hindering, or impeding, by any method, any authorized agent of the Board in the performance of duties; or
- 17. Failing to comply with any order of the Board.
Added by Laws 2000, SB 1424, c. 367, § 8, emerg. eff. June 6, 2000.