2002 Minnesota Statutes

     18.46 Definitions. 

    Subdivision 1.  The terms appearing in the Plant Pest Act 
 mean and include: 

    Subd. 2.  Plant:  Any living organism, consisting of one or 
 more cells, which does not typically exhibit voluntary motion or 
 possess sensory or nervous organs.  

    Subd. 3.  Nursery stock:  Nursery stock includes:  all 
 hardy deciduous and evergreen trees, shrubs, vines, and other 
 plants having a woody stem, whether wild or cultivated, and 
 parts thereof which are for and capable of propagation.  

    Subd. 3a.    Hardy.  "Hardy" describes a plant that can 
 survive the normal winters in Minnesota without artificial 
 protection.  

    Subd. 4.  Certified nursery stock:  The term certified 
 nursery stock means nursery stock which has been inspected and 
 found apparently free of plant pests by the commissioner. 

    Subd. 5.  A nursery:  A nursery is any place where nursery 
 stock is grown for sale or distribution.  

    Subd. 6.    Nursery stock grower.  "Nursery stock grower"
 means a person who owns, leases, manages, or is in charge of a 
 nursery.  

    Subd. 7.  Nursery inspector:  A nursery inspector is one 
 who has been assigned the duties of nursery inspection by the 
 commissioner.  

    Subd. 8.  A person:  A person includes a corporation, 
 company, society, association, partnership, or any individual or 
 combination of individuals or any political subdivision or 
 school district of the state.  

    Subd. 9.    Nursery stock dealer.  "Nursery stock dealer"
 means a person who obtains nursery stock for the purpose of sale 
 or distribution and includes any person who sells and 
 distributes for more than one nursery stock grower.  A person 
 who purchases more than half of the nursery stock offered for 
 sale at a sales location during the current certificate year 
 shall be considered a nursery stock dealer rather than a nursery 
 stock grower for the purposes of determining a proper fee 
 schedule.  

    Subd. 9a.    Landscaper.  "Landscaper" is a nursery 
 stock dealer who obtains certified nursery stock for immediate 
 sale, distribution, or installation and who does not grow or 
 maintain nursery stock for resale. 

    Subd. 10.  An agent:  An agent is any person who sells or 
 offers for sale nursery stock under the partial or full control 
 of a nursery operator or a dealer.  

    Subd. 11.  Greenhouse:  A greenhouse is an enclosure of 
 glass or similar material, which is ordinarily used to maintain 
 suitable conditions under which plants may be grown.  

    Subd. 12.  A greenhouse operator:  A greenhouse operator 
 means any person who operates a commercial greenhouse.  

    Subd. 13.  Plant pests:  Plant pests shall include any form 
 of plant or animal life, including any disease producing 
 organism dangerous to plants of the state.  Alternate hosts of 
 any plant disease are included in this definition.  

    Subd. 14. Repealed, 1996 c 310 s 1 

    Subd. 15.  Tag:  A tag is a label which has been approved 
 by the commissioner for use in the transportation or sale of 
 nursery stock. 

    Subd. 16.  Private places:  Private places shall be deemed 
 to include every place except a private home.  

    HIST: 1959 c 35 s 3; 1961 c 113 s 1; 1973 c 550 s 1; 1986 c 
 444; 1991 c 254 art 3 s 2-4; 1993 c 138 s 1,2