1. (a) No person shall operate as a nursery grower or nursery dealer in the State without first obtaining a nursery license from the Secretary. A nursery grower or nursery dealer shall apply annually for a nursery license on a form provided by the Secretary. The Secretary shall establish by rule the conditions for the issuance, suspension, or revocation of a nursery license, and may place any restrictions or requirements upon the license that the Secretary deems necessary.

2. (b) A nursery dealer licensed under this section shall pay the following fee for a license:

   1. (1) $60.00, if the nursery owns or controls:

      1. (A) a nursery of one-half acre or more;
      2. (B) greenhouse space of 25,000 square feet or more; or
      3. (C) retail space of 25,000 square feet or more; or
   2. (2) $30.00 for all other nursery dealers.
3. (c) Any person soliciting orders for, offering for sale, or distributing nursery stock shall have in the person’s possession a copy of the nursery license required under subsection (a) of this section, which the person shall show upon demand to prospective buyers or the Secretary.
4. (d) A person selling $1,000.00 or less of nursery stock in a year shall be exempt from the requirement to obtain a license under this section.

(Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 3; 2015, No. 149 (Adj. Sess.), § 20; 2023, No. 73, § 19, eff. July 1, 2023.)