1. (a) The fee for a new certificate will be prorated as outlined on the Nursery/Floral Registration Certificate Application to coincide with the October 31st expiration date.

2. (b) Registration and renewal fees are:

   1. (1) Class 1--$60. Includes businesses who sell, lease, or distribute, but do not grow nursery products and/or floral items, such as garden centers, stores, landscape contractors, floral shops, interior decorators, and street vendors.
   2. (2) Class 2--$90. Includes permanently located businesses who sell, lease, or distribute, nursery products and/or floral items and have a growing area of 435,600 square feet (ten acres) or less.
   3. (3) Class 3--$120. Includes permanently located businesses who sell, lease, or distribute, nursery products and/or floral items and have a growing area of 435,601-871,200 square feet (in excess of ten acres to twenty acres).
   4. (4) Class 4--$150. Includes permanently located businesses who sell, lease, or distribute nursery products and/or floral items and have a growing area of 871,201 square feet or more (over twenty acres).
   5. (5) Class M--$150. Includes businesses who sell, lease, or distribute nursery products and/or floral items at temporary markets such as flea markets, arts and craft shows, plant or flower shows, or other temporary markets other than that described in subsection (d) of this section. Class M registrants must obtain an event permit for each day nursery products and/or floral items are sold. A maximum number of 30 event permits is allowed during a license year at no additional cost, under this registration; i.e., one event permit equals one day (or any portion of a 24 hour period) at one location. Selling nursery products and/or floral items for any portion of a 24 hour period constitutes the use of one event permit. The fee for a Class M registration certificate will not be prorated.
3. (c) Class 1, 2, 3, and 4 certificate holders may obtain an event permit to sell, lease, or distribute nursery products and/or floral items at trade shows, garden shows, or other horticultural exhibits, sponsored in whole or in part by an Internal Revenue Service-designated nonprofit organization at no additional cost under a registration.
4. (d) Neither registration with the department nor event permits are required for participation in trade shows, garden shows, or other horticultural exhibits, sponsored in whole or in part by an Internal Revenue Service-designated nonprofit organization, so long as nursery products and/or floral items are not sold, leased, or distributed from stock located on the premises of the show or exhibit.
5. (e) The fees provided in this section are applicable to the extent that they do not conflict with Chapter 2, Subchapter B of this title (relating to Consolidated Licenses).

Source Note:The provisions of this §22.3 adopted to be effective September 6, 1996, 21 TexReg 8098; amended to be effective February 24, 1997, 22 TexReg 1713; amended to be effective April 23, 1998, 23 TexReg 3824.