(a) Any person(s), grower(s), agent(s), broker(s), dealer(s), mail-order merchant(s), commission merchant(s), consignor(s), landscaper(s), florist(s), greenhouse operator(s), chain store operator(s), garden center operator(s), roadside market operator(s), producer(s) or owner(s) engaged directly with the distribution of plants, plant products, plant material, nursery stock or horticultural products, is required to inform the Department of the existence of their operation and to obtain a nursery industry license prior to initiating business operations.
(b) The aforementioned person(s) are required to obtain a nursery industry license for each of their businesses or sale/retail locations where multiple businesses or sales/retail locations exist.
(c) The aforementioned person or persons are required to renew their nursery industry license each year that they remain in operation. Nursery industry licenses issued by the Department shall be valid for a period of 1 year, beginning January 1 and ending December 31 of the same year.
(d) A nursery industry license application must be filed with the Department on forms provided by the Department. The application for license shall include, as applicable, the following:
(1) Name and address of the owner(s) of the business to be licensed.
(2) Name and address of the business to be licensed.
(3) Location of all plant, plant material or nursery stock fields or storage areas.
(4) The number of acres in plant or nursery stock production or the square footage of the sales area devoted to plants, plant material or nursery stock.
(5) A list of the names, addresses, and plants, plant material, etc. received from all suppliers, producers, growers, etc. providing plants or nursery stock to the business. Upon request of the Department an updated list and/or invoices must be provided for the current year.
(e) Licenses issued by the Department shall be prominently displayed at the business location.
21 Del. Laws, c. 216, § 9; Code 1915, § 658; Code 1935, § 576; 3 Del. C. 1953, § 1301; 57 Del. Laws, c. 764, § 5; 65 Del. Laws, c. 491, § 1; 68 Del. Laws, c. 329, §§ 3-5; 70 Del. Laws, c. 332, § 1; 77 Del. Laws, c. 358, §§ 1, 2.
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