§ 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.)