Ohio Code 927.51 – Plants and nursery stock definitions
As used in sections 927.51 to 927.73 of the Revised Code:
Terms Used In Ohio Code 927.51
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(A) “Collected plant” means any plant dug or gathered from any wood lot, field, forest, or any other location in which such a plant is found growing in its native habitat.
(B) “Collector” means any person who collects, for sale, plants from wood lots, fields, forests, or other native habitat.
(C) “Dealer” means any person other than a nurseryman who offers for sale, sells, or distributes nursery stock, either exclusively or in connection with other merchandise, in or from any nursery, store, sales ground, stand, lot, truck, railway car, or other vehicle. “Dealer” includes any landscaper who sells or offers for sale nursery stock as a part of a grounds improvement project that may involve the installation of such plants.
(D) “Hardy,” when applied to plants and bulbs, whether wild or cultivated, means capable of surviving the normal winter temperatures of this state.
(E) “Host” means any plant or plant product from which any pest derives its food supply, or upon which it depends for its well being or to complete any part of its life cycle.
(F) “Infested” means containing or harboring one or more pests or infected with one or more pests.
(G) “Nursery” means any grounds or premises on or in which nursery stock is propagated or grown for sale.
(H) “Nurseryman” means a person who owns, leases, manages, or is in charge of a nursery.
(I) “Nursery stock” means:
(1) Any hardy tree, shrub, plant, or bulb, whether wild or cultivated, except turfgrass, and any cutting, graft, scion, or bud thereof;
(2) Any nonhardy plant, or plant part, that is to be offered for sale in any state that requires inspection and certification of the plant or plant part as a condition of entrance therein.
(J) “Person” means any corporation, company, society, association, partnership, individual or combination of individuals, institution, park, or any public agency administered by the state or any subdivision of the state.
(K) “Pest” means any insect, mite, nematode, bacteria, fungus, virus, parasitic plant, or any other organism or any stage of any such organism that causes, or is capable of causing, injury, disease, or damage to any plant, plant part, or plant product.
(L) “Place of business” means each separate location from which nursery stock is sold, offered for sale, or distributed.
(M) “Intensive production area” means a place where nursery stock is propagated or grown using greenhouses, liner beds, lath beds, or containers.
(N) “Nonintensive production area” means any place where nursery stock is propagated or grown as field stock.
(O) “Forced floral plants” means plants with desirable flower characteristics in which the bloom is artificially induced at an unnatural time of the year.