2007 Minnesota Statutes

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
Minnesota.
    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
nursery certificates.
    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