The Vermont Statutes Online

Title 6: Agriculture

Chapter 206: Nursery Inspection

• § 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.)

• § 4022. Secretary of Agriculture, Food and Markets as enforcing official

  The Secretary shall enforce the provisions of this chapter and perform such duties as may be required by the federal plant pest quarantine statutes. The Secretary may employ such assistance as necessary for the proper performance of his or her duties. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 4023. Nursery inspection; fees

  (a) The Secretary, as he or she deems necessary, may inspect nursery stock in the possession of a nursery grower or nursery dealer licensed under section 4024 of this title or any place within the State where nursery stock is grown, collected, stored, sold, offered for sale, or distributed. After the inspection of a licensed nursery grower or nursery dealer, the Secretary may issue an inspection certificate.

  (b) The Secretary shall charge a fee for any inspection of a nursery grower or nursery dealer that is not licensed under section 4024 of this title. The Secretary shall charge a fee for an inspection of a nursery dealer or nursery grower licensed under section 4024 of this title, provided that the initial inspection of a licensed nursery grower or nursery dealer in any calendar year shall be at no cost. The amount of the inspection fee shall be the same fee as that charged for a nursery dealer’s license as required by section 4024 of this title. The Secretary shall not charge an inspection fee when responding to consumer complaints or for technical assistance under section 1036 of this title for the management of plant pests as that term is defined in section 1030 of this title. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 2.)

• § 4024. Nursery license

  (a) No person shall operate as a nursery grower or nursery dealer in the State without first obtaining a nursery license from the Secretary. A nursery grower or nursery dealer shall apply annually for a nursery license on a form provided by the Secretary. The Secretary shall establish by rule the conditions for the issuance, suspension, or revocation of a nursery license, and may place any restrictions or requirements upon the license that the Secretary deems necessary.

  (b) A nursery dealer licensed under this section shall pay the following fee for a license:

  (1) $60.00, if the nursery owns or controls:

  (A) a nursery of one-half acre or more;

  (B) greenhouse space of 25,000 square feet or more; or

  (C) retail space of 25,000 square feet or more; or

  (2) $30.00 for all other nursery dealers.

  (c) Any person soliciting orders for, offering for sale, or distributing nursery stock shall have in the person’s possession a copy of the nursery license required under subsection (a) of this section, which the person shall show upon demand to prospective buyers or the Secretary.

  (d) A person selling $1,000.00 or less of nursery stock in a year shall be exempt from the requirement to obtain a license under this section. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 3; 2015, No. 149 (Adj. Sess.), § 20; 2023, No. 73, § 19, eff. July 1, 2023.)

• § 4025. Shipments by nursery dealers to be accompanied by inspection certificates

  Whenever a nursery dealer or nursery grower licensed under this chapter ships or delivers any nursery stock grown within this State, he or she shall include with each shipment a copy of the inspection certificate issued by the Secretary, or an approved facsimile, stating that the nursery dealer or nursery grower is licensed and has been inspected and approved as required by this chapter and the nursery stock is believed to be free from injurious pests or plant diseases. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 4.)

• § 4026. Foreign nursery stock; certificate of inspection; transportation; penalty

  Nursery stock transported into this State for sale, distribution, or installation shall be accompanied by a valid certificate of inspection, or a reasonable facsimile, or other certification accepted by the Secretary, from the state from which the consignment comes or from a U.S. government inspector, stating that the nursery stock is believed to be free of injurious pests or plant diseases. The certificate shall contain the name and mailing address of the consignor. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 4027. Diseased or infested stock; stop-sale; destruction

  (a) Only sound, healthy nursery stock that will maintain its vigor shall be offered for sale. Offering for sale stock that is diseased or infested with injurious pests is a violation of this chapter. Whenever the Secretary has reason to believe that any nursery, nursery grower, or nursery dealer in the State has produced, introduced, installed, sold, or offered for sale diseased or infested nursery stock, the Secretary shall inspect that nursery. If, upon inspection, the Secretary finds any diseased or infested stock, the Secretary may order the plants, either individually or in blocks, to be:

  (1) put on stop-sale;

  (2) treated in a particular manner; or

  (3) destroyed according to the Secretary’s instructions.

  (b) Plants ordered destroyed or placed on stop-sale must be clearly separable from noninfested stock. Any order to destroy or place plants on stop-sale may be made verbally and shall be issued in writing within seven days or as soon as practicable. The written order shall include the reason for action, a description of the nursery stock affected, instructions to separate and tag all nursery stock subject to the order, any recommended treatment, and a reference to the appeal rights set forth under subsection (c) of this section. Stop-sale tags may not be removed except by written permission of the Secretary or upon suitable disposal of the infested plants as determined by the Secretary.

  (c) A person issued any order under subsection (a) of this section may appeal that order to the Secretary within 15 days after receiving the order. The person shall make an appeal by letter to the Secretary and shall state any grounds and designate the plants affected. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 5; 2023, No. 73, § 20, eff. July 1, 2023.)

• § 4028. Access to records; nursery stock

  A nursery dealer or nursery grower engaged in the sale, distribution, or installation of nursery stock shall:

  (1) provide access for inspection by the Secretary of all nursery stock;

  (2) follow appropriate practices so that an adequate inspection of the nursery can be made; and

  (3) maintain for one year records of plant purchases, acquisitions, sales, or other distributions and make the records available upon request to the Secretary for inspection. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 144 (Adj. Sess.), § 6.)

• § 4029. Rules; distribution; penalties

  (a) The Secretary shall adopt rules as prescribed by 3 V.S.A. chapter 25 as he or she deems necessary to carry out the provisions of this chapter. The rules shall be printed by the State and distributed by the Secretary.

  (b) A person who violates any provisions of this chapter or a rule adopted under this chapter shall be fined not more than $100.00 for the first offense and not more than $500.00 for each subsequent offense. The Secretary may seek and obtain preliminary and permanent injunctive relief for any violation of this chapter or the rules adopted under this chapter. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 143, eff. July 1, 2022.)

• § 4030. Special conditions; certification

  (a) The Secretary is authorized to establish conditions and rules under which certain plants may be grown and certified free from virus, fungi, bacteria, or any infesting organism considered detrimental to the plant.

  (b) The Secretary is authorized to issue an additional certificate, certifying that the plants were grown under special conditions or have been tested by a recognized procedure that has established them as being free from certain viruses, fungi, bacteria, or other organisms. Certification standards shall be established by the Secretary.

  (c) The Secretary shall have authority to assess growers who apply for this additional certification a fee to be paid as the Secretary may direct. The amount of the fee shall not be greater than is necessary, in the judgment of the Secretary, to meet all expenses incurred in making the inspection and certification. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 4031. Plants taken from the wild

  (a) The Secretary may adopt procedural rules pursuant to the Administrative Procedure Act as set forth in 3 V.S.A. chapter 25, for the collection, sale, or distribution of plants taken from the wild, on the list of Convention on International Trade on Endangered Species of Wild Fauna and Flora, as amended, provided that the plants are not on the Vermont endangered species list. He or she may authorize surveys or other actions to determine the extent that plant collections may be undertaken without jeopardizing the survival of a plant species. He or she may classify plant species based on their populations or chances for survival and may restrict what amount, if any, of a particular species may be removed from the wild.

  (b) The Secretary may enter into programs with other government agencies to allow the movement of wild collected plants in interstate and international travel.

  (c) The Secretary is authorized to stop-sale, to seize, or return to the point of origin at the possessor’s expense any wild plants collected, sold, or distributed in violation of this provision.

  (d) The Secretary may collect a fee of $75.00 for a three-year permit to engage in commerce with plants described in subsection (a) of this section. The fee shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of implementing this section. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2013, No. 72, § 20; 2015, No. 149 (Adj. Sess.), § 21.)

• § 4032. Cooperation with other government agencies

  The Secretary may enter into agreements or programs with other government agencies to allow movement of nursery stock or to implement federal or State quarantines as the Secretary deems necessary or are required under federal or State law. (Added 1985, No. 57, § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 34.)