Every in-state dealer or agent selling, importing into the state or storing in this state nursery or florist stock shall, before October 1 of each year and before engaging in the business of soliciting, landscaping, taking orders, selling, storing or delivering any such stock, apply to the department for a nursery or florist dealer's, landscaper's or agent's license. Dealers or agents distributing stock directly or on a consignment basis for more than one store or place of business or sales ground or selling stock from motor vehicles or other vehicles shall secure a license for each place or each vehicle from which the stock is sold. The application for license shall designate each place of business of the person applying. The application shall be accompanied by the prescribed fee for each place or each vehicle from which the stock is sold. Upon proper application and receipt of the proper fee, the department shall issue the license, which shall be valid for one license year. If any licensee is found to have violated any of the provisions of the Plant Protection Act or rules, regulations or orders of the department, the license may be revoked and, in the discretion of the department, the person may be refused a license in the state. Those dealers who sell only vegetable plants that are sold for food production or dealers selling only cactus plants may obtain a special dealer's license for the prescribed fee. Applicants for the special dealer's license shall state that they will handle only vegetable plants or cactus plants and that the plants will be from stock certified by an inspector.

History: 1953 Comp., § 45-8-28, enacted by Laws 1959, ch. 195, § 7; 1967, ch. 53, § 6; 1973, ch. 97, § 5; 1979, ch. 193, § 4; 2013, ch. 15, § 5.

The 2013 amendment, effective June 14, 2013, limited the requirement that dealers and agents obtain a license to in-state dealers and agents; in the first sentence, at the beginning of the sentence, after "The" added "in-state" and after "October 1 of each year", added "and".

Requirement for certificate. — Every person, firm or corporation soliciting or taking orders for the sale of nursery stock is required to secure the nursery salesman's certificate unless they come within the proviso formerly contained in the last portion of the section. 1956 Op. Att'y Gen. No. 56-6446 (rendered under former law).

Question of agency only arises where persons work and sell products exclusively from New Mexico nurseries. If such persons are actual agents of the New Mexico nursery, such persons would come within the former exception. 1956 Op. Att'y Gen. No. 56-6446 (rendered under former law).

Control necessary to make agent. — A New Mexico state nursery could have actual agents under its complete control and such agents would not be required to secure a salesman's certificate under this proviso. The amount of control necessary to make a party an agent would be as follows: (a) the principal would have to control the price to be charged; (b) the principal would control the territory wherein the agent operated; (c) the agent would take orders in the name of the principal and hold himself out as a representative of such principal. 1956 Op. Att'y Gen. No. 56-6446 (rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades, and Professions §§ 64, 66, 67, 70, 94, 103, 104, 127 to 130.

3 C.J.S. Agriculture § 167.