Kansas Statutes 2-2120. Live plant dealer’s license; application fees; renewal; special event live plant dealer, registration; sale of live plants, conditions
Terms Used In Kansas Statutes 2-2120
- Live plant: means any living plant, cultivated or wild, or any part thereof that can be planted or propagated unless specifically exempted by the rules or regulations of the secretary. See Kansas Statutes 2-2113
- Live plant dealer: means any person, unless excluded by rules and regulations adopted hereunder, who engages in business in the following manner:
(1) Grows live plants for sale or distribution;
(2) buys or obtains live plants for the purpose of reselling or reshipping within this state; or
(3) plants, transplants or moves live plants from place to place within the state with the intent to plant such live plants for others and receives compensation for the live plants, for the planting of such live plants or for both live plants and plantings. See Kansas Statutes 2-2113
- Location: means any grounds or premises on or in which live plants are propagated, or grown, or from which live plants are removed for sale, or any grounds or premises on or in which live plants are being fumigated, treated, packed, stored or offered for sale. See Kansas Statutes 2-2113
- Person: means a corporation, company, society, association, partnership, governmental agency and any individual or combination of individuals. See Kansas Statutes 2-2113
- Plants: means trees, shrubs, grasses, vines, forage and cereal plants and all other plants including growing crops; cuttings, grafts, scions, buds and all other parts of plants. See Kansas Statutes 2-2113
- Regulated nonquarantine pest: means a nonquarantine pest whose presence in plants for planting affects the intended use of those plants with an economically unacceptable impact and which is therefore regulated. See Kansas Statutes 2-2113
- Secretary: means the secretary of the Kansas department of agriculture, or the authorized representative of the secretary. See Kansas Statutes 2-2113
- Special event live plant dealer: means a person:
(1) Intending to sell, offer for sale or distribute live plants for five or fewer days in a calendar year as a nonprofit, charitable, educational or religious organization; or
(2) who gives live plants as a premium or for advertising purposes without selling live plants as part of such person's business. See Kansas Statutes 2-2113
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Every live plant dealer, before advertising for sale, selling, offering for sale or delivering any live plants in this state, shall procure from the secretary a live plant dealer’s license for each location from which such live plant dealer engages in business as a live plant dealer, except for temporary locations that are registered with the secretary.
(b) Application for such license shall be made on a form furnished by the secretary. The fee for each application shall be fixed by rules and regulations adopted by the secretary, except that such fee shall not exceed $100, excluding the plant pest emergency fee, authorized pursuant to Kan. Stat. Ann. § 2-2129, and amendments thereto.
(c) A live plant dealer who does not export live plants from the state, has annual gross receipts under $10,000 and has only one location, other than temporary locations, may apply for a reduced license fee. The reduced fee shall not exceed $50, excluding the plant pest emergency fee. Application for the reduced license fee shall be made on the license application form provided by the secretary.
(d) All live plant dealer licenses shall expire on January 31, following the date of issue. Renewal of a license on or after such date of expiration shall result in a $25 late fee, except that if a license is renewed after the March 1 immediately following such date of expiration, such late fee shall be $50. A live plant dealer license shall not be issued until all fees are paid to the secretary.
(e) Any person who conducts business as a special event live plant dealer shall not be required to obtain a live plant dealer’s license but shall register with the secretary in such form and manner as prescribed by the secretary.
(f) A live plant dealer may only engage in the live plant business with live plants that are:
(1) In compliance with all quarantines and regulated nonquarantine pest freedom standards established by the secretary; or
(2) accompanied by a valid certificate of inspection of a federal inspector or inspector of another state stating that such live plants comply with all applicable quarantines and regulated nonquarantine pest freedom standards.