§ 4021. Definitions

As used in this chapter:

(1) “Secretary” means the Secretary of Agriculture, Food and Markets or his or her designee.

(2) “Agency” means the Agency of Agriculture, Food and Markets.

(3) “Nursery” means all lands, premises, and buildings on or in which nursery stock is grown, transported, or offered for sale.

(4) “Nursery dealer” means any person who is in the business of selling, installing, or distributing nursery stock for commercial gain.

(5) “Nursery grower” means any person engaged in growing, propagating, or production of nursery stock for commercial gain.

(6) “Nursery license” means the license issued to nursery dealers or nursery growers under section 4024 of this title.

(7) “Nursery stock” means all woody or herbaceous shrubs, trees, plants, and vines, including bulbs and rhizomes as well as buds, grafts, scions, and other parts capable of propagation whether wild, cultivated, or grown under artificial covering. This definition does not include cut flowers or seeds.

(8) “Distribute” means the wholesale sale of nursery stock, the transfer of title or possession of nursery stock from one person to another for consideration for the purpose of resale at retail, or the transfer of nursery stock within a business entity for the purpose of retail sale. “Distribute” does not mean the retail sale or delivery of nursery stock by a retailer to a consumer.

(9) “Install” means the placing, fixing, or planting of nursery stock in the ground or soil. “Install” does not mean delivery of nursery stock to a purchaser or the placing of potted nursery stock within a structure or its curtilage of the purchaser. (Added 1985, No. 57, § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 1; 2023, No. 73, § 18, eff. July 1, 2023.)