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Minnesota Legislature

Office of the Revisor of Statutes

18H.02 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to this chapter.
    Subd. 2. Agent. "Agent" means a person who, on behalf of another person, receives on
consignment, contracts for, or solicits for sale on commission, a plant product from a producer of
the product or negotiates the consignment or purchase of a plant product on behalf of another
person.
    Subd. 3. Annual. "Annual" means a plant growing in Minnesota with a life cycle of less
than one year.
    Subd. 4. Certificate. "Certificate" means a document authorized or prepared by a federal or
state regulatory official that affirms, declares, or verifies that a plant, product, shipment, or other
officially regulated item meets phytosanitary, nursery inspection, pest freedom, plant registration
or certification, or other legal requirements.
    Subd. 5. Certification. "Certification" means a regulatory official's act of affirming,
declaring, or verifying compliance with phytosanitary, nursery inspection, pest freedom, plant
registration or certification, or other legal requirements.
    Subd. 6. Certified nursery stock. "Certified nursery stock" means nursery stock which
has been officially inspected by the commissioner and found apparently free of quarantine and
regulated nonquarantine pests or significant dangerous or potentially damaging plant pests.
    Subd. 7. Commissioner. "Commissioner" means the commissioner of agriculture or the
commissioner's designated employee, representative, or agent.
    Subd. 8. Consignee. "Consignee" means a person to whom a plant, nursery stock,
horticultural product, or plant product is shipped for handling, planting, sale, resale, or any
other purpose.
    Subd. 9. Consignor. "Consignor" means a person who ships or delivers to a consignee a
plant, nursery stock, horticultural product, or plant product for handling, planting, sale, resale,
or any other purpose.
    Subd. 10. Container-grown. "Container-grown" means a plant that was produced from a
liner or cutting in a container.
    Subd. 11. Department. "Department" means the Minnesota Department of Agriculture.
    Subd. 12. Distribute. "Distribute" means offer for sale, sell, barter, ship, deliver for
shipment, receive and deliver, offer to deliver, receive on consignment, contract for, solicit for
sale on commission, or negotiate the consignment or purchase in this state.
    Subd. 12a. Individual. "Individual" means a human being.
    Subd. 13. Infected. "Infected" means a plant that is:
(1) contaminated with pathogenic microorganisms;
(2) being parasitized;
(3) a host or carrier of an infectious, transmissible, or contagious pest; or
(4) so exposed to a plant listed in clause (1), (2), or (3) that one of those conditions can
reasonably be expected to exist and the plant may also pose a risk of contamination to other
plants or the environment.
    Subd. 14. Infested. "Infested" means a plant has been overrun by plant pests, including
weeds.
    Subd. 15.[Repealed, 1Sp2005 c 1 art 1 s 98]
    Subd. 16. Mark. "Mark" means an official indicator affixed by the commissioner for
purposes of identification or separation to, on, around, or near plants or plant material known or
suspected to be infected with a plant pest. This includes, but is not limited to, paint, markers, tags,
seals, stickers, tape, ribbons, signs, or placards.
    Subd. 17. Nursery. "Nursery" means a place where nursery stock is grown, propagated,
collected, or distributed, including, but not limited to, private property or property owned, leased,
or managed by any agency of the United States, Minnesota or its political subdivisions, or any
other state or its political subdivisions where nursery stock is fumigated, treated, packed, or stored.
    Subd. 18. Nursery certificate. "Nursery certificate" means a document issued by the
commissioner recognizing that a person is eligible to sell, offer for sale, or distribute certified
nursery stock at a particular location under a specified business name.
    Subd. 19.[Repealed, 1Sp2005 c 1 art 1 s 98]
    Subd. 20. Nursery stock. "Nursery stock" means a plant intended for planting or
propagation, including, but not limited to, trees, shrubs, vines, perennials, biennials, grafts,
cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all viable
parts of these plants. Nursery stock does not include:
(1) field and forage crops;
(2) the seeds of grasses, cereal grains, vegetable crops, and flowers;
(3) vegetable plants, bulbs, or tubers;
(4) cut flowers, unless stems or other portions are intended for propagation;
(5) annuals; or
(6) Christmas trees.
    Subd. 21. Nursery stock broker. "Nursery stock broker" means a nursery stock dealer
engaged in the business of selling or reselling certified nursery stock as a business transaction
without taking ownership or handling the nursery stock.
    Subd. 22. Nursery stock dealer. "Nursery stock dealer" means a person involved in the
acquisition and further distribution of certified nursery stock; the utilization of certified nursery
stock for landscaping or purchase of certified nursery stock for other persons; or the distribution
of certified nursery stock with a mechanical digger, commonly known as a tree spade, or by any
other means. A person who purchases more than half of the certified nursery stock offered for sale
at a sales location during the current certificate year is considered a nursery stock dealer rather
than a nursery stock grower for the purposes of determining a proper fee schedule. Nursery stock
brokers, landscapers, and tree spade operators are considered nursery stock dealers for purposes
of determining proper certification.
    Subd. 23. Nursery stock grower. "Nursery stock grower" includes, but is not limited to,
a person who raises, grows, or propagates nursery stock, outdoors or indoors. A person who
grows more than half of the certified nursery stock offered for sale at a sales location during the
current certificate year is considered a nursery stock grower for the purpose of determining a
proper fee schedule.
    Subd. 24. Owner. "Owner" includes, but is not limited to, the person with the legal right of
possession, proprietorship of, or responsibility for the property or place where any of the articles
regulated in this chapter are found, or the person who is in possession of, proprietorship of, or
has responsibility for the regulated articles.
    Subd. 25. Person. "Person" means an individual, firm, corporation, partnership, association,
trust, joint stock company, unincorporated organization, the state, a state agency, or a political
subdivision.
    Subd. 26. Place of origin. "Place of origin" means the county and state where nursery stock
was most recently certified or grown for at least one full growing season.
    Subd. 27. Plant. "Plant" means a plant, plant product, plant part, or reproductive or
propagative part of a plant, plant product, or plant part, including all growing media, packing
material, or containers associated with the plants, plant parts, or plant products.
    Subd. 28. Plant pest. "Plant pest" means a biotic agent that causes or may cause harm
to plants.
    Subd. 29. Public nuisance. "Public nuisance" means:
(1) a plant, appliance, conveyance, or article that is infested with plant pests that may cause
significant damage or harm; or
(2) premises where a plant pest is found.
    Subd. 30. Quarantine. "Quarantine" means an enforced isolation or restriction of free
movement of plants, plant material, animals, animal products, or any article or material in order to
treat, control, or eradicate a plant pest.
    Subd. 31. Regulated nonquarantine pest. "Regulated nonquarantine pest" means a plant
pest that has not been quarantined by state or federal agencies and whose presence in plants or
articles may pose an unacceptable risk to nursery stock, other plants, the environment, or human
activities.
    Subd. 32. Sales location. "Sales location" means a fixed location from which certified
nursery stock is displayed or distributed.
    Subd. 33. Tree spade. "Tree spade" means a mechanical device or machinery capable of
removing nursery stock, root system, and soil from the planting in one operation.
    Subd. 34. Tree spade operator. "Tree spade operator" means a person who uses a tree spade
to dig, sell, offer for sale, distribute, or transport certified nursery stock.
History: 2003 c 128 art 5 s 1; 1Sp2005 c 1 art 1 s 41-46