TITLE XL AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
CHAPTER 433 SEEDS, PLANTS AND NURSERY STOCK
Nurseries and Nursery Stock
Section 433:21
433:21 Definitions. –
In this subdivision:
I. "Certificate" means a document indicating that plant stock has been inspected and found to be apparently free from dangerous insects and plant diseases.
II. "Certified stock" means nursery stock derived from a licensed nursery or certified by a nursery inspector.
III. "Collected plants" means plants and plant parts defined as nursery stock, which are dug or otherwise removed from fields, woodlots, or forested lands for sale or distribution, which have not been grown under cultivation in a nursery for a year.
IV. "Commissioner" means the commissioner of the New Hampshire department of agriculture, markets, and food.
V. "Department" means the New Hampshire department of agriculture, markets, and food.
VI. "Director" means the state entomologist, qualified by scientific training and practical experience, directly answerable to the commissioner, in charge of and responsible for the activities of the division of plant industry.
VII. "Division" means the division of plant industry of the New Hampshire department of agriculture, markets, and food.
VIII. "Eradication" means the elimination or removal of a pest from any defined geographic area.
IX. "Greenhouse" means a structure covered with glass, plastic, fiberglass, or other material in which plants are cultivated in a controlled environment.
X. "Horticultural services" means any arborist, landscape architect, or gardening consultant whose function is that of providing services relative to horticulture.
XI. "License" means an authorization from the director to sell plant stock.
XII. "Nursery" means a place or greenhouse where nursery stock is propagated, grown, stored, cultivated, or offered for sale.
XIII. "Nursery inspectors" means persons either full-time employees of the division or knowledgeable individuals hired on a part-time basis to conduct the work of the division.
XIV. "Nurseryman" means a person who owns, leases, manages, or is in charge of a nursery. All persons engaged in operating a nursery are farming within the meaning of RSA 21:34-a.
XV. "Nursery stock" means woody plants, including ornamental and fruiting trees, shrubs, vines, and all viable parts of these plants; herbaceous plants, including florist stock plants, annuals, perennials, vegetable plants, herbs, potted plants, and all viable parts of these plants; and any other plant or plant part designated by the commissioner. Nursery stock does not include cut Christmas trees, wreaths, seeds, dried herbs, vegetables, cut flowers, or such plant products.
XVI. "Plant dealer" means any person, firm, partnership, association, or corporation not a grower or an original producer of nursery stock in New Hampshire who buys or acquires, or receives on consignment nursery stock for the purposes of re-selling, transporting, or otherwise disposing of the stock.
XVII. "Plant diseases" means fungi, bacteria, nematodes, viruses, and plant parasites injurious to plants and plant products.
XVIII. "Plant pests" means any organism, including other plants, causing or capable of causing injury or damage to plants or plant products.
XIX. "Public nuisance" means a plant pest determined by the department to be dangerous or destructive to the agriculture or horticulture of New Hampshire.
XX. "Quarantine" means a legal action intended to prevent or delay the establishment of a pest of plants or crops.
XXI. "Soil" means the medium designated for plant propagation.
XXII. "Stop sale order" means a written notice issued by an inspector to the owner or custodian of any plant or plant products, which prohibits the sale or movement of plants or plant products.
Source. 1985, 33:1. 1995, 130:4, eff. July 23, 1995. 2002, 7:1, Mar. 12, 2002.