Only pest-free, sound and healthy nursery stock stored, offered or displayed under conditions that will maintain its vigor shall be offered for sale or sold. The offering for sale or sale of dead nursery stock or nursery stock so seriously weakened by drying or by excessive heat or cold or nursery stock that has been mechanically or otherwise treated to the extent of concealing its true condition or stock that for any cause is in such a condition that it is unable to grow satisfactorily with reasonable care or stock that may potentially be infested with a plant pest, is a violation of the Plant Protection Act. Florist stock offered for sale must be such that it is pest-free and will maintain its aesthetic value for a reasonable period of time after sale.
History: 1953 Comp., § 45-8-31.1, enacted by Laws 1973, ch. 97, § 9; 2013, ch. 15, § 7.
The 2013 amendment, effective June 14, 2013, prohibited the sale of nursery stock that is infested with a plant pest; in the first sentence, at the beginning of the sentence, after "Only", added "pest-free"; in the second sentence, after "satisfactorily with reasonable care", added "or stock that may potentially be infested with a plant pest"; and in the third sentence, after "sale must be such that it", added "is pest-free and".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades, and Professions § 136.
3 C.J.S. Agriculture § 68.
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