Michigan Compiled Laws
Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228)
Section 286.217a - Access to Markets for Nursery Stock; Certificate of Free Sale; Application; Fees; "Certificate of Free Sale" Defined.

Sec. 17a.
(1) To facilitate continued access to markets for nursery stock, the department may do 1 or both of the following:
(a) At the request of a nursery dealer, nursery grower, or plant grower or based upon records voluntarily supplied by a nursery dealer, nursery grower, or plant grower, inspect, audit, or certify nurseries in this state.
(b) Issue certificates of free sale under subsection (3).
(2) A nursery dealer, nursery grower, or plant grower shall submit an application for a certificate of free sale on a form and in a manner prescribed by the department.
(3) The department shall grant or deny an application for a certificate of free sale within 10 business days after the department receives a completed application under subsection (2) and the application fee under subsection (4). If the department determines that the application meets the requirements of this act and the rules promulgated under this act, the department shall issue a certificate of free sale. If the department determines that the application does not meet the requirements of this act or the rules promulgated under this act, the department shall deny the application and send a written notice to the nursery dealer, nursery grower, or plant grower stating the reasons for the denial.
(4) If a certificate of free sale is issued under subsection (3), the nursery dealer, nursery grower, or plant grower shall pay the department the following fees, as applicable:
(a) An application fee, $60.00.
(b) A duplicate copy of a certificate of free sale, $10.00.
(5) A fee collected under subsection (4) must be deposited in the agriculture licensing and inspection fees fund created in section 9.
(6) A certificate of free sale issued under this section is valid for 1 year.
(7) As used in this section, "certificate of free sale" means a document that is issued by the department that verifies that the nursery stock listed is propagated, grown, or cultivated within this state for at least 28 days and is legally sold or distributed in this state and on the open market with the approval of the department.
History: Add. 2022, Act 130, Imd. Eff. June 29, 2022

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 286 - Agricultural Industry

Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228)

Section 286.201 - Insect Pest and Plant Disease Act; Short Title.

Section 286.202 - Definitions.

Section 286.203 - Inspection of Nursery and Other Premises; Right of Access.

Section 286.204 - Inspection of Stock Before Sale; Application; Assumed Name.

Section 286.205 - Nursery Stock From Foreign Country; Inspection.

Section 286.206 - Inspections of Nurseries; Fee; Certificate of Inspection; Validity; Prohibitions; Basis for Charging Inspection Fee; Review and Adjustment of Fees Schedule.

Section 286.207 - Withholding Certificate; Precautions; Fraud, Investigation, Revocation of License.

Section 286.208 - Sale of Dead or Weakened Nursery Stock; Penalty.

Section 286.209 - License Required for Sale of Nursery Stock; Exception; Application; Fees; Agriculture Licensing and Inspection Fees Fund; Horticulture Fund; Creation and Administration; Horticulture Advisory Committee; Section Inapplicable to Certa...

Section 286.210 - Licenses to Sell Nursery Stock; Buyers and Dealers; Certificate to Deal in Inspected Stock, Number of Licenses.

Section 286.211 - Nonresident Nurseryman, Dealer, or Grower; License Required; Fee; Waiver; Reciprocal Agreements; Violation as Grounds for Denial of Right to Ship Nursery Stock.

Section 286.212 - Repealed. 2016, Act 254, Eff. Sept. 26, 2016.

Section 286.213 - Revocation, Suspension or Withholding of License or Certificate; Hearing; Appeal.

Section 286.214 - Revocation, Suspension or Withholding of License or Certificate; Hearing, Order of Revocation; Penalty for Wrongful Use of License on Certificate, Withholding.

Section 286.215 - Tags on Stock; Inspection of Imported Stock on Request; Expense.

Section 286.216 - Tags on Stock; Certificate of Inspection; Unlawful Transportation; Report to Commissioner.

Section 286.216a - Definitions; Sale, Distribution, or Use of Purple Loosestrife.

Section 286.217 - Sale of Nursery Stock; Inspection; Transportation of Nursery Stock, Wild Trees, Herbaceous Perennials, and Shrubs; Uninspected Stock; Shipping Documents.

Section 286.217a - Access to Markets for Nursery Stock; Certificate of Free Sale; Application; Fees; "Certificate of Free Sale" Defined.

Section 286.218 - Nuisances; Public Places Kept Free From Injurious Insect Pests and Plant Diseases; Insects, Fungi, Bacteria, Nematodes, Viruses or Living Plant Parasitic Organisms; Permits.

Section 286.219 - Barberry, Mahonia or Mahoberberis Bushes Subject to Black Stem Rust of Small Grains; Destruction; Rules.

Section 286.219a - Chokecherry Harmful to Peach or Cherry Trees Prohibited; Destruction; Rules.

Section 286.220 - Insect Pests and Plant Diseases; Eradication of Nuisances; Notice; Abatement; Inspection; Payment of Expenses.

Section 286.221 - Inspection of Public Grounds; Application, Payment of Expense.

Section 286.222 - Inspection of Plants and Plant Products Before Interstate Shipment; Request; Expenses; Certificate.

Section 286.223 - Quarantine; Enforcement, Hearing, Notice.

Section 286.223a - Rules.

Section 286.223b - Rescission of R 285.607, R 285.611, R 285.613, and R 285.618.

Section 286.224 - Violation of Act; Penalty, Quarantine, Misdemeanor.

Section 286.225 - Review of Rule or Order; Appeal to Circuit Court.

Section 286.226 - Violation of Act; Penalty.

Section 286.228 - Violation of Certain Laws, Rules, or Orders; Civil Infraction; Fines; Limitation; Misdemeanor; Felony; Liability; "Person" Defined; Applicability.