H. B. 4472

(By Delegates Beach and Riggs)

(Originating in the House Committee on Finance.

[March 1, 1996]

A BILL to amend and reenact sections two and nine, article
twelve, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing licensing requirements and fees for agents of nurserymen or dealers.

Be it enacted by the Legislature of West Virginia:
That sections two and nine, article twelve, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:

§19-12-2. Definitions.

The following definitions shall apply in the interpretation and enforcement of this article. All words shall be construed to import either the plural or the singular, as the case demands:
(a) "Agent" means any person soliciting orders for nursery stock under the partial or full control of a nurseryman or dealer.
(b) (a) "Certificate" means a document issued or authorizedby the commissioner indicating that a regulated article is not contaminated with a pest.
(c) (b) "Commissioner" means the commissioner of agriculture of the state of West Virginia and his or her duly authorized representatives.
(d) (c) "Compliance agreement" means a written agreement between the department and any person engaged in growing, handling or moving articles, plants or plant products regulated under this article, wherein the person agrees to comply with stipulated requirements.
(e) (d) "Dealer" means any person who buys, receives on consignment or otherwise acquires and has in his or her possession nursery stock which that person has not grown from propagative material such as tissue culture plants, cuttings, liners, seeds or transplanted nursery stock for the purpose of offering or exposing for sale, reselling, reshipping or distributing same. Each separate location shall constitute a dealership.
(f) (e) "Department" means the department of agriculture of the state of West Virginia.
(g) (f) "Genetically modified organism" means any organism altered or produced through genetic modification from a donor, vector or recipient organism using modern molecular techniques.
(h) (g) "Host" means any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle.
(i) (h) "Infested area" means any area of uncontrolledgrowth of insects, plant diseases, noxious weeds or other plant pests.
(j) (i) "Noxious weed" means any living plant, or part thereof, declared by the commissioner, after public hearing, to be detrimental to crops, other desirable plants, waterways, livestock, land or other property, or to be injurious to public health or the economy.
(k) (j) "Nursery" means any grounds or premises on or in which nursery stock is being propagated or grown for sale or distribution, including any grounds or premises on or in which nursery stock is being fumigated, treated, packed or stored or otherwise prepared or offered for sale or movement to other localities.
(l) (k) "Nurseryman" means and includes any person who owns, leases, manages or is in charge of a nursery.
(m) (l) "Nursery stock" means all trees, shrubs and woody vines, including ornamentals, bush fruits, grapevines, fruit trees and nut trees, whether cultivated, native or wild, and all buds, grafts, scions, fruit pits and cuttings from such plants. It also means sod, including sod plugs and sod-producing plants, and such herbaceous plants, including strawberry plants, narcissus plants and narcissus bulbs as the commissioner declares by rule to be so included whenever he or she considers control of the movement of such plants and bulbs necessary for the control of any destructive plant pest. Florists' or greenhouse plants for inside culture or use, unless declared otherwise by the commissioner, as herein authorized, shall not be considerednursery stock, except that all woody plants, whether greenhouse or field grown, if for outside planting, are hereby defined as nursery stock.
(n) (m) "Permit" means a document issued or authorized by the commissioner to provide for a movement of regulated articles to restricted destinations for limited handling, utilization or processing.
(o) (n) "Person" means any individual or combination of individuals, partnership, corporation, company, society, association, governmental organization or other business entity and each officer, agent or employee thereof.
(p) (o) "Plant and plant products" means trees, shrubs, vines; forage, fiber, cereal plants and all other plants; cuttings, grafts, scions, buds and lumber and all other parts of plants and plant products; and fruit, vegetables, roots, bulbs, seeds and wood.
(q) (p) "Plant pest" means any living stage of: Any insects, mites, nematodes, slugs, snails, protozoa or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses or any organisms similar to or allied with any of the foregoing, or any infectious substances, and any genetically modified organisms for which there is reason to believe may directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured or other products of plants.
(r) (q) "Quarantine" means a legal declaration by the commissioner which specifies:
(1) The plant pest or noxious weeds.
(2) The articles to be regulated.
(3) Conditions governing movement.
(4) The area or areas quarantined.
(5) Exemptions.
(s) (r) "Regulated article" means any article of any character, as described in quarantine or other order of the commissioner carrying or capable of carrying a pest.
§19-12-9. Certificate of registration for nurserymen, dealers, etc.; refusal, suspension, etc., of certificates; annual registration fees.

It shall be unlawful for any nurseryman or dealer or agent to expose or offer for sale, sell, deliver or give away any plants or parts of plants commonly known as nursery stock unless such person shall have first secured from the commissioner a certificate of registration. The commissioner may refuse, suspend or cancel any certificate upon satisfactory evidence that any of the provisions of this article or rules and regulations governing the sale of nursery stock within the state have been violated. The commissioner shall for each certificate of registration issued and for each renewal thereof, collect an annual registration fee in the amount of ten dollars for each nurseryman and twenty dollars for each dealer. and two dollars for each agent of such nurseryman or dealer. All certificates or registration shall expire on the thirtieth day of June next after issue.

Strike-throughs indicate language that would be strickenfrom the present law, and underscoring indicates new language that would be added.