Michigan Laws 286.217a – Access to markets for nursery stock; certificate of free sale; application; fees; “certificate of free sale” defined
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Terms Used In Michigan Laws 286.217a
- Department: means the department of agriculture and rural development. See Michigan Laws 286.202
- Nursery: means any grounds or premises on or in which nursery stock is propagated, grown, or cultivated for the purpose of distributing or selling nursery stock as a business. See Michigan Laws 286.202
- Nursery dealer: means a person that is not a grower or an original producer of nursery stock in this state, that buys nursery stock for the purpose of reselling or reshipping independently of the control of any nursery grower or nursery dealer, or that is engaged with a nursery grower or nursery dealer in handling nursery stock on a consignment basis. See Michigan Laws 286.202
- Nursery stock: means all domesticated or wild botanically classified hardy perennial or biennial trees, shrubs, vines, and other plants; cuttings, grafts, scions, buds, bulbs, rhizomes, or roots of any of these; and fruit pits. See Michigan Laws 286.202
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(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.