Texas Agriculture Code - Section 71.057. Nursery Dealers And Agents; Annual Registration
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§ 71.057. NURSERY DEALERS AND AGENTS; ANNUAL
REGISTRATION. (a) A person who buys and sells or leases or offers
for sale or lease a nursery product and who has facilities that
maintain or preserve the nursery product and prevent that product
from becoming dry, infested, or diseased is a nursery dealer.
(b) A person is a nursery agent if the person sells or
leases, offers for sale or lease, or takes mail orders for the sale
or lease of a nursery product and:
(1) is entirely under the control of a nursery grower
or nursery dealer with whom the nursery product offered for sale or
lease originates; or
(2) operates on a cooperative basis for handling a
nursery product with a nursery grower or nursery dealer.
(c) A nursery agent shall possess proper credentials from
the nursery grower or nursery dealer the agent represents or
cooperates with. A nursery agent who fails to possess proper
credentials is subject to this subchapter as a nursery dealer.
(d) A nursery dealer or nursery agent must register with the
department under this section before offering for sale or lease or
otherwise distributing a nursery product.
(e) A nursery dealer or nursery agent may apply for
registration or renewal of registration by submitting an
application prescribed by the department and an annual fee. The fee
shall be based on the size and type of a location, as defined by
department rule, where a nursery dealer or nursery agent offers a
nursery product for sale or lease.
(f) Registrations under this section expire one year after
issuance. A person who fails to submit a renewal fee on or before
the expiration date of the registration must pay, in addition to the
renewal fee, the late fee provided by Section 12.024 of this code.
(g) Upon receipt of the correct annual registration fee, the
department shall issue a registration certificate for each location
a florist or nursery owner has registered.
Acts 1981, 67th Leg., p. 1159, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 55, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 419, § 2.31, eff. Sept. 1, 1995.
Section: 71.049 71.050 71.051 71.053 71.054 71.055 71.056 71.057 71.058 71.059 71.060 71.101 71.102 71.103 71.104
Last modified: August 10, 2007
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