2 Miss. Code. R. § 1-3-01-103

The Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, under provisions of Miss. Code Ann. §§ 69-25-1 to 69-25-47, and more especially Miss. Code Ann. § 69-25-1 and § 69-25-7, does declare the following words or terms to have the following meaning as used in this chapter:

1. Balled and burlapped stock means that nursery stock which has been removed from the growing site with a ball of soil, containing the root system left intact and encased in burlap or other similar material to hold the soil in place.

2. Bare-root stock means that nursery stock which has been removed from the growing site with the root system free of soil.

3. Collector of native plants means any person collecting native wild plants or plants not nursery grown for the purpose of resale.

4. Container stock means that nursery stock which has been placed in a metal, clay, plastic or other rigid container, in soil or other potting mixture capable of sustaining normal plant growth remaining intact when removed from said container.

5. Nursery means any grounds or premises on or in which nursery stock is propagated, grown, or procured for resale and held for sale throughout the year.

6. Nursery agent or salesman means any person who solicits, takes orders, or sells nursery stock in this state for a nurseryman, nursery dealer or grower of nursery stock, but not on the premises or place of business.

7. Nursery dealer means any person, firm partnership, association, corporation, or company other than a nurseryman who buys or collects nursery stock for the purpose of reselling or reshipping or otherwise dealing in nursery stock on a seasonal basis (usually three of four months each season), independently of the control of any nurseryman or nursery e.g., chain stores, department stores, grocery stores, etc.

8. Nurseryman means any person, firm, partnership, association, corporation, or company, owning, leasing, managing or in charge of a nursery.

9. Nursery stock means all plants commonly known as nursery stock, whether field grown, greenhouse grown, or collected native plants, consisting of palms and woody perennial, trees, shrubs, seedlings, vines, roses, strawberry, blackberry and other brambles, budwood, cuttings, grafts, scions, bulbs, corms, rhizomes, or roots thereof; also other such plants and plant products grown or collected or kept for propagation, sale or distribution; excepting field, vegetable and flower seeds, cut flowers, cut ferns, cut foliage and other plant material not intended for propagation and when apparently free from injurious insect pests and plant diseases.

10. Nursery stock peddler means any person, firm, partnership, association, corporation or company, who by means of a car, truck, wagon, or other vehicle, or other means of transportation, transports nursery stock from place to place offering it for sale.

11. Packaged stock means bare-root nursery stock either in bundles or as single plant with the roots in peat, wood shavings, or other moisture retaining material, not toxic to the plants, encased in plastic film or other material designed to retard evaporation and hold the moisture-retaining material in place.

12. Place of business means each separate nursery, store, stand, sales ground, lot, or any location or vehicle from which nursery stock is being sold, offered for sale, or distributed.

Notes

2 Miss. Code. R. § 1-3-01-103

Miss. Code Ann. § 69-25-7.

Amended March 1, 2004.