CHAPTER 18H. NURSERY LAW
Table of Sections
|18H.03||POWERS AND DUTIES OF COMMISSIONER.|
|18H.04||ADOPTION OF RULES.|
|18H.05||NURSERY CERTIFICATE REQUIREMENTS.|
|18H.06||EXEMPT NURSERY SALES.|
|18H.08||SMALL LOT INSPECTIONS; VIRUS DISEASE-FREE CERTIFICATION; OTHER SERVICES.|
|18H.09||NURSERY STOCK CERTIFICATION REQUIREMENTS.|
|18H.10||STORAGE OF NURSERY STOCK.|
|18H.11||NURSERY STOCK STANDARDS.|
|18H.12||DAMAGED, DISEASED, INFESTED, OR MISREPRESENTED STOCK.|
|18H.13||SHIPMENT OF NURSERY STOCK INTO MINNESOTA.|
|18H.14||LABELING AND ADVERTISING OF NURSERY STOCK.|
|18H.16||POLITICAL SUBDIVISION ORDINANCES.|
|18H.17||NURSERY AND PHYTOSANITARY ACCOUNT.|
|18H.18||CONSERVATION OF CERTAIN WILDFLOWERS.|
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
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
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
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
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
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
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
18H.03 POWERS AND DUTIES OF COMMISSIONER.
Subdivision 1. Employees.
The commissioner may employ entomologists, plant pathologists,
and other employees necessary to administer this chapter.
Subd. 2. Entry and inspection; fees.
(a) The commissioner may enter and inspect a public
or private place that might harbor plant pests and may require that the owner destroy or treat
plant pests, plants, or other material.
(b) If the owner fails to properly comply with a directive of the commissioner within a given
period of time, the commissioner may have any necessary work done at the owner's expense. If
the owner does not reimburse the commissioner for the expense within a time specified by the
commissioner, the expense is a charge upon the county as provided in subdivision 4.
(c) If a dangerous plant pest infestation or infection threatens plants of an area in the state,
the commissioner may take any measures necessary to eliminate or alleviate the danger.
(d) The commissioner may collect fees required by this chapter.
(e) The commissioner may issue and enforce a written or printed "stop-sale" order to
the owner or custodian of any nursery stock if fees required by the nursery are not paid. The
commissioner may not be held liable for the deterioration of nursery stock during the period for
which it is held pursuant to a stop-sale order.
Subd. 3. Quarantines.
The commissioner may impose a quarantine to restrict or prohibit
the transportation of nursery stock, plants, or other materials capable of carrying plant pests
into or through any part of the state.
Subd. 4. Collection of charges for work done for owner.
If the commissioner incurs an
expense in conjunction with carrying out subdivision 2 and is not reimbursed by the owner
of the land, the expense is a legal charge against the land. After the expense is incurred, the
commissioner shall file verified and itemized statements of the cost of all services rendered with
the county auditor of the county in which the land is located. The county auditor shall place a
lien in favor of the commissioner against the land involved, certified by the county auditor,
and collected according to section
Subd. 5. Delegation authority.
The commissioner may, by written agreements, delegate
specific inspection, enforcement, and other regulatory duties of this chapter to officials of other
agencies. This delegation may only be made to a state agency, a political subdivision, or a
political subdivision's agency that has signed a joint powers agreement with the commissioner as
provided in section
Subd. 6. Dissemination of information.
The commissioner may disseminate information
among growers relative to treatment of nursery stock in both prevention and elimination of
attack by plant pests and diseases.
Subd. 7. Other duties of service.
The commissioner may carry out other duties or
responsibilities that are of service to the industry or that may be necessary for the protection
of the industry.
History: 2003 c 128 art 5 s 2
18H.04 ADOPTION OF RULES.
The commissioner may adopt rules to carry out the purposes of this chapter. The rules may
include, but are not limited to, rules in regard to labeling and the maintenance of viability and
vigor of nursery stock. Rules of the commissioner that are in effect on July 1, 2003, relating
to plant protection, nursery inspection, or the Plant Pest Act remain in effect until they are
superseded by new rules.
History: 2003 c 128 art 5 s 3
18H.05 NURSERY CERTIFICATE REQUIREMENTS.
(a) No person may offer for sale or distribute certified nursery stock as a nursery stock grower
or dealer without first obtaining the appropriate nursery stock certificate from the commissioner.
The commissioner may not issue a certificate to a person who does not sell certified nursery stock.
Certificates are issued solely for these purposes and may not be used for other purposes.
(b) A certificate issued by the commissioner expires on December 31 of the year it is issued.
(c) A person required to be certified by this section must apply for a certificate or for renewal
on a form furnished by the commissioner which must contain:
(1) the name and address of the applicant, the number of locations to be operated by the
applicant and their addresses, and the assumed business name of the applicant;
(2) if other than an individual, a statement whether a person is a partnership, corporation,
or other organization;
(3) the type of business to be operated and, if the applicant is an agent, the principals the
applicant represents; and
(4) source or sources of purchased nursery stock.
(d) No person may:
(1) falsely claim to be a certified dealer, grower, broker, or agent;
(2) make willful false statements when applying for a certificate; or
(3) sell or distribute certified nursery stock to an uncertified nursery stock dealer who is
required to be certified or nursery stock grower.
(e) Each application for a certificate must be accompanied by the appropriate certificate
fee under section
(f) Certificates issued by the commissioner must be prominently displayed to the public in
the place of business where certified nursery stock is sold or distributed.
(g) The commissioner may refuse to issue a certificate for cause.
(h) Each grower or dealer is entitled to one sales location under the certificate of the grower
or dealer. Each additional sales location maintained by the person requires the payment of the full
certificate fee for each additional sales outlet.
(i) A grower who is also a dealer is certified only as a grower for that specific site.
(j) A certificate is personal to the applicant and may not be transferred. A new certificate
is necessary if the business entity is changed or if the membership of a partnership is changed,
whether or not the business name is changed.
(k) The certificate issued to a dealer or grower applies to the particular premises named in the
certificate. However, if prior approval is obtained from the commissioner, the place of business
may be moved to the other premises or location without an additional certificate fee.
(l) A collector of nursery stock from the wild is required to obtain a dealer's certificate from
the commissioner and is subject to all the requirements that apply to the inspection of nursery
stock. All collected nursery stock must be labeled as "collected from the wild."
History: 2003 c 128 art 5 s 4; 1Sp2005 c 1 art 1 s 47
18H.06 EXEMPT NURSERY SALES.
Subdivision 1. Not-for-profit sales.
An organization or individual may offer for sale certified
nursery stock and be exempt from the requirement to obtain a nursery stock dealer certificate if
sales are conducted by a nonprofit charitable, educational, or religious organization that:
(1) conducts sales or distributions of certified nursery stock on ten or fewer days in a
calendar year; and
(2) uses the proceeds from its certified nursery stock sales or distribution for charitable,
educational, or religious purposes.
Subd. 2. Occasional sales.
(a) An individual may offer nursery stock for sale and be exempt
from the requirement to obtain a nursery stock dealer certificate if:
(1) the gross sales of all nursery stock in a calendar year do not exceed $2,000;
(2) all nursery stock sold or distributed by the individual is intended for planting in
(3) all nursery stock purchased or procured for resale or distribution was grown in Minnesota
and has been certified by the commissioner; and
(4) conducts sales or distributions of nursery stock on ten or fewer days in a calendar year.
(b) The commissioner may prescribe the conditions of the exempt nursery sales under this
subdivision and may conduct routine inspections of the nursery stock offered for sale.
History: 2003 c 128 art 5 s 5; 1Sp2005 c 1 art 1 s 48
18H.07 FEE SCHEDULE.
Subdivision 1. Establishment of fees.
The commissioner shall establish fees sufficient
to allow for the administration and enforcement of this chapter and rules adopted under this
chapter, including the portion of general support costs and statewide indirect costs of the agency
attributable to that function, with a reserve sufficient for up to six months. The commissioner
shall review the fee schedule annually in consultation with the Minnesota Nursery and Landscape
Advisory Committee. For the certificate year beginning January 1, 2006, the fees are as described
in this section.
Subd. 2. Nursery stock grower certificate.
(a) A nursery stock grower must pay an annual
fee based on the area of all acreage on which nursery stock is grown for certification as follows:
(1) less than one-half acre, $150;
(2) from one-half acre to two acres, $200;
(3) over two acres up to five acres, $300;
(4) over five acres up to ten acres, $350;
(5) over ten acres up to 20 acres, $500;
(6) over 20 acres up to 40 acres, $650;
(7) over 40 acres up to 50 acres, $800;
(8) over 50 acres up to 200 acres, $1,100;
(9) over 200 acres up to 500 acres, $1,500; and
(10) over 500 acres, $1,500 plus $2 for each additional acre.
(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due must be
charged for each month, or portion thereof, that the fee is delinquent up to a maximum of 30
percent for any application for renewal not received by January 1 of the year following expiration
of a certificate.
Subd. 3. Nursery stock dealer certificate.
(a) A nursery stock dealer must pay an annual fee
based on the dealer's gross sales of certified nursery stock per location during the most recent
certificate year. A certificate applicant operating for the first time must pay the minimum fee. The
fees per sales location are:
(1) gross sales up to $5,000, $150;
(2) gross sales over $5,000 up to $20,000, $175;
(3) gross sales over $20,000 up to $50,000, $300;
(4) gross sales over $50,000 up to $75,000, $425;
(5) gross sales over $75,000 up to $100,000, $550;
(6) gross sales over $100,000 up to $200,000, $675; and
(7) gross sales over $200,000, $800.
(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due must be
charged for each month, or portion thereof, that the fee is delinquent up to a maximum of 30
percent for any application for renewal not received by January 1 of the year following expiration
of a certificate.
Subd. 4. Reinspection; additional or optional inspection fees.
If a reinspection is required
or an additional inspection is needed or requested a fee must be assessed based on mileage and
inspection time as follows:
(1) mileage must be charged at the current United States Internal Revenue Service
reimbursement rate; and
(2) inspection time must be charged at the rate of $50 per hour, including the driving time to
and from the location in addition to the time spent conducting the inspection.
History: 2003 c 128 art 5 s 6; 1Sp2005 c 1 art 1 s 49-51
18H.08 SMALL LOT INSPECTIONS; VIRUS DISEASE-FREE CERTIFICATION;
Subdivision 1. Services and fees.
The commissioner may make small lot inspections or
perform other necessary services for which another charge is not specified. For these services the
commissioner shall set a fee plus expenses that will recover the cost of performing this service.
The commissioner may set an additional acreage fee for inspection of seed production fields for
exporters in order to meet domestic and foreign plant quarantine requirements.
Subd. 2. Virus disease-free certification.
The commissioner may provide special services
such as virus disease-free certification and other similar programs. Participation by nursery stock
growers is voluntary. Plants offered for sale as certified virus-free must be grown according
to certain procedures in a manner defined by the commissioner for the purpose of eliminating
viruses and other injurious disease or insect pests. The commissioner shall collect reasonable
fees from participating nursery stock growers for services and materials that are necessary to
conduct this type of work.
History: 2003 c 128 art 5 s 7
18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.
(a) All nursery stock growing at sites identified by nursery stock growers and submitted for
inspection must be inspected by the commissioner within the previous 12 months prior to sale and
found apparently free from quarantine and regulated nonquarantine pests as well as significantly
dangerous or potentially damaging plant pests. The commissioner may waive a site inspection
under the following conditions:
(1) the nursery stock is not going to be sold within 12 months;
(2) the nursery stock will not be moved out of Minnesota; and
(3) the nursery site or stock is not subject to certification requirements associated with a state
or federally regulated or quarantined plant pest.
All nursery stock originating from out of state and offered for sale in Minnesota must have
been inspected by the appropriate state or federal agency during the previous 12 months and
found free from quarantine and regulated nonquarantine pests as well as significantly dangerous
or potentially damaging plant pests. A nursery stock certificate is valid from January 1 to
(b) Nursery stock must be accessible to the commissioner for inspection during regular
business hours. Weeds or other growth that hinder a proper inspection are grounds to suspend or
withhold a certificate or require a reinspection.
(c) Inspection reports issued to growers must contain a list of the plant pests found at the time
of inspection. Withdrawal-from-distribution orders are considered part of the inspection reports.
A withdrawal-from-distribution order must contain a list of plants withdrawn from distribution
and the location of the plants.
(d) The commissioner may post signs to delineate sections withdrawn from distribution.
These signs must remain in place until the commissioner removes them or grants written
permission to the grower to remove the signs.
(e) Inspection reports issued to dealers must outline the violations involved and corrective
actions to be taken including withdrawal-from-distribution orders which would specify nursery
stock that could not be distributed from a certain area.
(f) Optional inspections of plants may be conducted by the commissioner upon request by
any persons desiring an inspection. A fee as provided in section
must be charged for
such an inspection.
History: 2003 c 128 art 5 s 8; 1Sp2005 c 1 art 1 s 52
18H.10 STORAGE OF NURSERY STOCK.
All nursery stock must be kept and displayed under conditions of temperature, light, and
moisture sufficient to maintain the viability and vigor of the nursery stock.
History: 2003 c 128 art 5 s 9
18H.11 NURSERY STOCK STANDARDS.
The American Standard for Nursery Stock, ANSI Z60.1, published by the Nursery and
Landscape Association, must be used by the commissioner in determining standards and grades of
nursery stock when not in conflict with this chapter.
History: 2003 c 128 art 5 s 10
18H.12 DAMAGED, DISEASED, INFESTED, OR MISREPRESENTED STOCK.
(a) No person may knowingly offer to distribute, advertise, or display nursery stock that is
infested or infected with quarantine or regulated nonquarantine pests or significant dangerous
or potentially damaging plant pests, including noxious weeds or nursery stock that is in a dying
condition, desiccated, frozen or damaged by freezing, or materially damaged in any way.
(b) No person may knowingly offer to distribute, advertise, or display nursery stock that may
result in the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as
to the quantity, size, grade, kind, species name, age, variety, maturity, condition, vigor, hardiness,
number of times transplanted, growth ability, growth characteristics, rate of growth, time required
before flowering or fruiting, price, origin, place where grown, or any other material respect.
(c) Upon discovery or notification of damaged, diseased, infested, or misrepresented stock,
the commissioner may place a stop-sale and distribution order on the material. The order makes it
an illegal action to distribute, give away, destroy, alter, or tamper with the plants.
(d) The commissioner may conspicuously mark all plants, materials, and articles known or
suspected to be infected or infested with quarantine or regulated nonquarantine pests or significant
dangerous or potentially damaging plant pests. The commissioner shall notify the persons, owners,
or the tenants in possession of the premises or area in question of the existence of the plant pests.
(e) If the commissioner determines that this chapter has been violated, the commissioner may
order that the nuisance, infestation, infection, or plant pest be abated by whatever means necessary,
including, but not limited to, destruction, confiscation, treatment, return shipment, or quarantine.
(f) The plant owner is liable for all costs associated with a stop order or a quarantine,
treatment, or destruction of plants. The commissioner is not liable for any actual or incidental
costs incurred by a person due to authorized actions of the commissioner. The commissioner
must be reimbursed by the owner of plants for actual expenses incurred by the commissioner in
carrying out a stop order.
History: 2003 c 128 art 5 s 11
18H.13 SHIPMENT OF NURSERY STOCK INTO MINNESOTA.
Subdivision 1. Identification of origin.
Proof of valid nursery certification and origin of all
nursery stock must accompany the shipment. It is the shared responsibility of both the consignee
and consignor to examine all shipments for the presence of current and applicable nursery stock
certifications for all plant material from all sources of stock in each shipment.
Subd. 2. Reciprocity.
A person residing outside the state may distribute nursery stock
in Minnesota if:
(1) the person is duly certified under the nursery laws of the state where the nursery stock
originates and the laws of that state are essentially equivalent to the laws of Minnesota as
determined by the commissioner; and
(2) the person complies with this chapter and the rules governing nursery stock distributed in
Subd. 3. Reciprocal agreements.
The commissioner may cooperate with and enter into
reciprocal agreements with other states regarding licensing and movement of nursery stock.
Reciprocal agreements with other states do not prevent the commissioner from prohibiting the
distribution in Minnesota of any nursery stock that fails to meet minimum criteria for nursery
stock of Minnesota certified growers, dealers, or both. An official directory of certified nurseries
and related nursery industry businesses from other states is acceptable in lieu of individual
Subd. 4. Foreign nursery stock.
A person receiving a shipment of nursery stock from a
foreign country that has not been inspected and released by the United States Department of
Agriculture at the port of entry must notify the commissioner of the arrival of the shipment, its
contents, and the name of the consignor. The person must hold the shipment unopened until
inspected or released by the commissioner.
Subd. 5. Transportation companies.
A person who acts as the representative of a
transportation company, private carrier, commercial shipper, common carrier, express parcel
carrier, or other transportation entity, and receives, ships, or otherwise distributes a carload, box,
container, or any package of plants, plant materials, or nursery stock, that does not have all
required certificates attached as required or fails to immediately notify the commissioner is
in violation of this chapter.
History: 2003 c 128 art 5 s 12; 1Sp2005 c 1 art 1 s 53
18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.
(a) Plants, plant materials, or nursery stock must not be labeled or advertised with false or
misleading information including, but not limited to, scientific name, variety, place of origin,
hardiness zone as defined by the United States Department of Agriculture, and growth habit.
(b) A person may not offer for distribution plants, plant materials, or nursery stock,
represented by some specific or special form of notation, including, but not limited to, "free from"
or "grown free of," unless the plants are produced under a specific program approved by the
commissioner to address the specific plant properties addressed in the special notation claim.
History: 2003 c 128 art 5 s 13
(a) A person who offers to distribute nursery stock that is uncertified, uninspected, or falsely
labeled or advertised possesses an illegal regulated commodity that is considered infested or
infected with harmful plant pests and subject to regulatory action and control. If the commissioner
determines that the provisions of this section have been violated, the commissioner may order the
destruction of all of the plants unless the person:
(1) provides proper phytosanitary preclearance, phytosanitary certification, or nursery stock
(2) agrees to have the plants, plant materials, or nursery stock returned to the consignor; and
(3) provides proper documentation, certification, or compliance to support advertising claims.
(b) The plant owner is liable for all costs associated with a withdrawal-from-distribution order
or the quarantine, treatment, or destruction of plants. The commissioner is not liable for actual
or incidental costs incurred by a person due to the commissioner's actions. The commissioner
must be reimbursed by the owner of the plants for the actual expenses incurred in carrying out a
withdrawal-from-distribution order or the quarantine, treatment, or destruction of any plants.
(c) It is unlawful for a person to:
(1) misrepresent, falsify, or knowingly distribute, sell, advertise, or display damaged,
mislabeled, misrepresented, infested, or infected nursery stock;
(2) fail to obtain a nursery certificate as required by the commissioner;
(3) fail to renew a nursery certificate, but continue business operations;
(4) fail to display a nursery certificate;
(5) misrepresent or falsify a nursery certificate;
(6) refuse to submit to a nursery inspection;
(7) fail to provide the cooperation necessary to conduct a successful nursery inspection;
(8) offer for sale uncertified plants, plant materials, or nursery stock;
(9) possess an illegal regulated commodity;
(10) violate or disobey a commissioner's order;
(11) violate a quarantine issued by the commissioner;
(12) fail to obtain phytosanitary certification for plant material or nursery stock brought
(13) deface, mutilate, or destroy a nursery stock certificate, phytosanitary certificate, or
phytosanitary preclearance certificate, or other commissioner mark, permit, or certificate;
(14) fail to notify the commissioner of an uncertified shipment of plants, plant materials, or
(15) transport uncertified plants, plant materials, or nursery stock in Minnesota; or
(16) sell nursery stock to an uncertified nursery stock dealer who is required to be certified.
History: 2003 c 128 art 5 s 14; 1Sp2005 c 1 art 1 s 54
18H.16 POLITICAL SUBDIVISION ORDINANCES.
A political subdivision must not enact an ordinance or resolution that conflicts with this
History: 2003 c 128 art 5 s 15
18H.17 NURSERY AND PHYTOSANITARY ACCOUNT.
A nursery and phytosanitary account is established in the state treasury. The fees and
penalties collected under this chapter and interest attributable to money in the account must
be deposited in the state treasury and credited to the nursery and phytosanitary account in the
agricultural fund. Money in the account, including interest earned, is annually appropriated to the
commissioner for the administration and enforcement for this chapter.
History: 2003 c 128 art 5 s 16
18H.18 CONSERVATION OF CERTAIN WILDFLOWERS.
Subdivision 1. Restrictions on collecting.
No person shall distribute any species of
orchids (Orchidaceae), any gentian (Gentiana), arbutus (Epigaea repens), lilies (Lilium species),
coneflowers (Echinacea species), bloodroot (Sanguinaria canadensis), mayapple (Podophyllum
peltatutum), any species of trillium (Trillium species), or lotus (Nelumbo lutea), which have been
collected in any manner from any public or private property without the written permission of the
property owner and written authorization from the commissioner.
Subd. 2. Collection without sale.
Wildflower collection from public or private land
for the purpose of transplanting the plants to a person's private property and not offering for
immediate sale, requires the written permission from the property owner of the land on which the
wildflowers are growing.
Subd. 3. Collection with intent to sell or distribute wildflowers.
(a) The wildflowers listed
in this section may be offered for immediate sale only if the plants are to be used for scientific or
(b) The wildflowers listed in this section must not be collected and sold commercially unless
the plants are:
(1) growing naturally, collected, and cultivated on the collector's property; or
(2) collected through the process described in subdivision 2 and transplanted and cultivated
on the collector's property.
(c) The collector must obtain a written permit from the commissioner before the plants
may be offered for commercial sale.
History: 2003 c 128 art 5 s 17; 1Sp2005 c 1 art 1 s 55