NRS555.236. License required to produce, hold, distribute, collect or sell nursery stock; exceptions; waivers.

      1.  Except as otherwise provided in this section, a person who engages in the commercial production, holding, distribution, collection or selling of nursery stock must obtain a license from the Director, except:

      (a) Retail florists or other persons who sell potted, ornamental plants intended for indoor decorative purposes.

      (b) A person not engaged in the nursery or landscaping business who raises nursery stock as a hobby in this State from which the person makes occasional sales, if the person does not advertise or solicit for the sale of that nursery stock.

      (c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.

      (d) At the discretion of the Director, persons selling vegetable bulbs or flower bulbs, including, without limitation, onion sets, tulip bulbs and similar bulbs.

      (e) A business licensed by another state that sells nursery stock only to:

             (1) A licensed dealer of nursery stock in this State; or

             (2) The public exclusively by catalog.

      (f) A garden club or charitable nonprofit association conducting sales of nursery stock, provided that the garden club or nonprofit association has applied for and received a permit from the Director to conduct such sales. The Department shall not charge a fee for such a permit.

      (g) A state or local governmental entity, including a conservation district. The Department may inspect any plant materials held, distributed, collected or sold by such an entity.

      2.  The Director may waive the requirements relating to licensing set forth in NRS 555.235 to 555.249, inclusive, for a person otherwise required to obtain a license pursuant to this section if the person only has occasional sales of nursery stock to the ultimate customer. To obtain a waiver pursuant to this subsection, the person must:

      (a) Submit to the Department a completed application for a license to engage in the business of a dealer of nursery stock that includes sufficient information to demonstrate that the person qualifies for a waiver pursuant to this subsection; and

      (b) Submit to the Director a notarized affidavit on a form provided by the Department attesting that all information furnished in the completed application is true.

Ê A completed application submitted to the Department pursuant to this section need not be accompanied by the fee required by NRS 555.238. A waiver issued pursuant to this subsection may be revoked at any time and must be renewed annually.

      3.  Persons, state agencies or political subdivisions exempt from the licensing requirements:

      (a) Shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the Director.

      (b) Shall register annually, on or before July 1, with the Department, the location, size and type of nursery stock being sold or produced.

      4.  As used in this section, “occasional sales” means sales of nursery stock in a gross annual amount that is less than $1,000.

      (Added to NRS by 1959, 564; A 1961, 527; 1973, 283; 1993, 1712; 1999, 709, 3643, 3742; 2003, 534)