Subdivision 1. Not-for-profit sales. An organization or individual may offer for sale certified nursery stock and be exempt from the requirement to obtain a nursery stock dealer certificate if sales are conducted by a nonprofit charitable, educational, or religious organization that:
(1) conducts sales or distributions of certified nursery stock on ten or fewer days in a calendar year; and
(2) uses the proceeds from its certified nursery stock sales or distribution for charitable, educational, or religious purposes.
Subd. 2. Occasional sales. (a) An individual may offer nursery stock for sale and be exempt from the requirement to obtain a nursery stock certificate if:
(1) the gross sales of all nursery stock in a calendar year do not exceed $2,000;
(2) all nursery stock sold or distributed by the individual is intended for planting in Minnesota;
(3) all nursery stock purchased or procured for resale or distribution was grown in Minnesota and has been certified by the commissioner; and
(4) the individual conducts sales or distributions of nursery stock on ten or fewer days in a calendar year.
(b) A municipality may offer certified nursery stock for sale and be exempt from the requirement to obtain a nursery stock certificate if:
(1) all nursery stock offered for sale or distributed is intended for planting by residents of the municipality on public property or public easements within the municipal boundary;
(2) all nursery stock purchased or procured for resale or distribution is grown in Minnesota and has been certified by the commissioner; and
(3) the municipality submits to the commissioner before any sale or distribution of nursery stock a list of all suppliers who provide the municipality with nursery stock.
(c) The commissioner may prescribe the conditions of the exempt nursery sales under this subdivision and may conduct routine inspections of the nursery stock offered for sale.
2003 c 128 art 5 s 5; 1Sp2005 c 1 art 1 s 48; 1Sp2015 c 4 art 2 s 18; 2017 c 88 art 2 s 23
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Section 18H.03 — Powers And Duties Of Commissioner.
Section 18H.04 — Adoption Of Rules.
Section 18H.05 — Nursery Certificate Requirements.
Section 18H.06 — Exempt Nursery Sales.
Section 18H.07 — Fee Schedule.
Section 18H.08 — Small Lot Inspections; Virus Disease-free Certification; Other Services.
Section 18H.09 — Nursery Stock Certification Requirements.
Section 18H.10 — Storage Of Nursery Stock.
Section 18H.11 — Nursery Stock Standards.
Section 18H.12 — Damaged, Diseased, Infested, Or Misrepresented Stock.
Section 18H.13 — Shipment Of Nursery Stock Into Minnesota.
Section 18H.14 — Labeling And Advertising Of Nursery Stock.
Section 18H.16 — Political Subdivision Ordinances.