Idaho Code
Chapter 23 - NURSERIES AND FLORISTS
Section 22-2305 - LICENSE REQUIRED — SCHEDULE OF FEES.

22-2305. LICENSE REQUIRED — SCHEDULE OF FEES. (1) It shall be unlawful for any person to engage in, conduct, or carry on the business of propagating, growing, selling, dealing in, or importing into this state, for sale or distribution, any nursery or florist stock, or to engage in landscape designing, or to act as agent, salesman, or solicitor for any nurseryman, florist, landscape contractor, or dealer in nursery or florist stock without first obtaining a license to do so from the Idaho department of agriculture, and it shall be unlawful for any person to falsely represent that he is the agent, salesman, solicitor, or representative of any nurseryman, florist, landscape contractor, or dealer in nursery or florist stock.
(2) The provisions of this chapter shall not apply to the sale of plants, shrubs, scions, or florist stock by any person not regularly engaged in that business when said sales are only incident to the seller’s farming or gardening operations and the total amount of gross annual sales by such seller does not exceed five hundred dollars ($500). The department shall have the authority to inspect any nursery or florist stock in the possession of any person exempted by this subsection, when it has reason to believe that there may be a pest concern or quarantine violation.
(3) Every nurseryman or florist, landscape contractor, dealer, or importer of nursery or florist stock, or collector of native plants for sale shall make application for a license to the Idaho department of agriculture upon a form to be prescribed and furnished by said department, pay to said department the license fee as provided in subsection (4) of this section. No license shall be issued until the applicant shall have paid the fee hereinafter provided.
(4) Nurseries required to be licensed shall consist of nurserymen, florists, dealers, landscape contractors, and importers of nursery or florist stock, and collectors of native plants for sale, and they shall pay a license fee of one hundred dollars ($100) for their principal place of business. Nurseries with more than one (1) retail outlet shall identify the number and location of such additional outlets on the license application and pay an additional one hundred dollars ($100) for each such additional outlet. The license number shall be prominently displayed in each outlet. Should the holder of a nursery license add one (1) or more outlets during the license year, the department must be notified and the one hundred dollar ($100) surcharge for each such outlet paid immediately.
(5) Dealers shall keep accurate records of their sales and transactions involving nursery or florist stock and shall produce the same at any time when so required by the Idaho department of agriculture. At any hearing in which the amount of license fee to be paid by any person is involved or any questions as to such person’s claim for exemption from the provisions of this chapter, such person shall have the burden of proof to establish his claim.
(6) A license fee for an agent as defined in section 22-2302, Idaho Code, is twenty-five dollars ($25.00) per annum for each principal that the agent represents. Agents soliciting sales only from persons licensed under this chapter shall be exempt from licensing fees.
(7) The fees for nursery or florist stock inspection and special services performed for persons not required to be licensed shall be as provided in rules promulgated by the director.

History:
[(22-2305) added 1984, ch. 231, sec. 2, p. 556; am. and redesig. 1998, ch. 89, sec. 5, p. 308; am. 1999, ch. 83, sec. 1, p. 279; am. 2008, ch. 130, sec. 1, p. 364.]

Structure Idaho Code

Idaho Code

Title 22 - AGRICULTURE AND HORTICULTURE

Chapter 23 - NURSERIES AND FLORISTS

Section 22-2301 - STATEMENT OF PURPOSE.

Section 22-2302 - DEFINITION OF TERMS.

Section 22-2303 - DUTIES OF THE DEPARTMENT.

Section 22-2304 - STATE NURSERY AND FLORIST ADVISORY COMMITTEE.

Section 22-2305 - LICENSE REQUIRED — SCHEDULE OF FEES.

Section 22-2306 - TEMPORARY NURSERY OR FLORIST SALE LICENSE OR LOCATION — APPLICATION FEE — CONDITION.

Section 22-2307 - RENEWAL OF LICENSE.

Section 22-2308 - AGENT’S LICENSE.

Section 22-2309 - LICENSE NOT TRANSFERABLE — MOVING PLACE OF BUSINESS.

Section 22-2310 - SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE.

Section 22-2311 - ADVERTISEMENT OF NURSERY OR FLORIST STOCK FOR SALE.

Section 22-2312 - WHOLESALE SALES.

Section 22-2313 - ISSUANCE OF SHIPPING PERMIT NUMBERS.

Section 22-2314 - INSPECTION OF LICENSED AND UNLICENSED NURSERIES — ADDITIONAL INSPECTIONS AND SPECIAL SERVICES — FEES.

Section 22-2315 - SUBSTITUTION OR TRANSPORTATION OF UNINSPECTED NURSERY OR FLORIST STOCK PROHIBITED.

Section 22-2316 - MISREPRESENTATION OF NURSERY STOCK BY GROWER, DEALER, OR AGENT PROHIBITED — TAGS OR LABELS REQUIRED ON FRUIT TREES — NURSERY OR FLORIST STOCK AS HORTICULTURAL PRODUCT.

Section 22-2317 - KNOWINGLY SELLING, ADVERTISING, OR DISPLAYING DAMAGED, MISREPRESENTED, OR MISLABELED NURSERY OR FLORIST STOCK PROHIBITED.

Section 22-2318 - KNOWINGLY SELLING, MOVING, OR STORING INFECTED OR INFESTED NURSERY OR FLORIST STOCK PROHIBITED — SEIZURE.

Section 22-2319 - STOP SALE ORDER — CONDEMNATION.

Section 22-2320 - IMPORTED NURSERY OR FLORIST STOCK TO BEAR CERTIFICATE OF ORIGIN — CONTENTS.

Section 22-2321 - NURSERY STOCK STANDARDS.

Section 22-2322 - RECIPROCITY.

Section 22-2323 - DISPOSITION AND USE OF MONEY RECEIVED.

Section 22-2324 - VIOLATION.

Section 22-2325 - SEVERABILITY.