Virginia Code 3.2-3803: Licenses required of nurserymen or dealers; inspection fees
A. It is unlawful for any nurseryman or dealer to offer for sale, sell, deliver, or give away nursery stock unless such person shall have first procured a license from the Commissioner.
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 12 months | up to $2,500 |
Terms Used In Virginia Code 3.2-3803
- Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Dealer: means any person that acquires nursery stock for the purpose of resale and distribution who is not a grower of nursery stock. See Virginia Code 3.2-3800
- Inspection certificate: means a document in any form issued by the Commissioner, or the appropriate official from another state, declaring an item or location to be apparently free from plant pests. See Virginia Code 3.2-3800
- Nursery: means any premises where nursery stock is propagated, grown, fumigated, treated, packed, stored, or otherwise prepared for sale or distribution. See Virginia Code 3.2-3800
- Nursery stock: means all trees, shrubs, woody vines (including ornamentals), bush fruits, grapevines, fruit trees, and nut trees offered for sale and distribution; all buds, grafts, scions, and cuttings from such plants; and any container, soil, and other packing material with such plants or plant products. See Virginia Code 3.2-3800
- Nurseryman: means any person that produces nursery stock for sale or distribution. See Virginia Code 3.2-3800
- Person: means the term as defined in § 1-230. See Virginia Code 3.2-3800
B. The Commissioner shall not issue any license to a dealer except upon the payment of $25 for each separate sales location. Any dealer who fails to renew his license within the 30 days following the December 31 expiration date shall pay to the Commissioner a $15 late fee in addition to the license fee.
C. The Commissioner shall not issue any license to a nurseryman except upon the payment of $75 and receipt of an inspection certificate. At the issuance of the license, each nursery shall also pay an inspection fee of $1.50 for each acre above 50 acres of nursery stock inspected by the Commissioner. Any nurseryman who fails to renew his license within the 30 days following the December 31 expiration date shall pay to the Commissioner a $50 late fee in addition to the license fee.
D. All licenses shall expire on December 31. Any nurseryman or dealer who fails to renew his license within the 30 days following the December 31 expiration date shall be considered unlicensed for the purposes of subsection B of § 3.2-3808.
E. Any nurseryman or dealer who pays to the Commissioner a late fee in accordance with the provisions of subsection B or C is not guilty of a Class 1 misdemeanor for failure to renew his license under subsection B of § 3.2-3810.
Code 1950, § 3-178.9; 1964, c. 476; 1966, c. 702, § 3.1-143; 1980, c. 291, §§ 3.1-188.36, 3.1-188.37; 1988, c. 552; 2008, c. 860; 2018, c. 685.