Title 286, AGRICULTURAL INDUSTRY

Sec. 5. Every person, firm, partnership, association or corporation receiving directly or indirectly any nursery stock or other living plants or living plant parts for or capable of propagation from a foreign country shall notify the director of the arrival of such shipment, of t…

Sec. 6. (1) The director shall cause to be inspected not less than every other year each nursery located in this state, and each nursery dealer located in this state that receives nursery stock from other states or countries, including any nursery stock found at that nursery or n…

Sec. 7. If the director finds that part of a nursery is infested or infected with insect pests or plant diseases and that the remainder of it is not so infested or infected, or if he has reason to believe that a nursery is liable, by reason of its proximity to infested or infecte…

Sec. 8. Only sound, healthy nursery stock stored or displayed under conditions which will maintain its vigor shall be offered for sale. Offering for sale of dead nursery stock or of stock so seriously weakened by drying, excessive heat or cold, or any other condition that makes i…

Sec. 9. (1) A person growing or desiring to sell nursery stock in this state shall, on or before October 31 of each year, apply to the director for a license. A person that is a nursery dealer that only purchases nursery stock grown in this state by a nursery grower in this state…

Sec. 10. Every dealer within the meaning of this act, engaged in the buying and selling of nursery stock in this state, shall secure a license and certificate, first certifying to the director in writing that he will buy and sell only stock which has been duly inspected and certi…

Sec. 11. (1) Each nonresident nurseryman, dealer, or grower, who solicits or takes orders for or sells nursery stock in this state through resident or nonresident agents, shall each year obtain a license from the director, for which the fee shall be as prescribed in section 9. Th…

Sec. 13. The commissioner of agriculture shall at any time have the power to withhold, suspend or revoke any license or certificate for sufficient cause, including any violation of this act or non-conformity with any rule or regulation promulgated under this act. Before withholdi…

Sec. 14. If it is found that any license or certificate issued or approved by the commissioner of agriculture is being used in connection with nursery stock or other plants which have not been inspected, or which are infested with insect pests or infected with plant diseases, or …

Sec. 15. It shall be unlawful for any person, firm, partnership, association or corporation to bring or cause to be brought into this state, or to transport or ship within this state, any nursery stock unless there is plainly and legibly marked thereon or affixed thereto, or on, …

Sec. 16. Every person, firm, partnership, association or corporation who sells or gives away nursery stock in this state is hereby required to attach to the outside of each package, box, bale or carload shipped or otherwise delivered, a tag or poster on which shall appear an exac…

Sec. 16a. (1) As used in this section: (a) "Person" means an individual, partnership, corporation, association, governmental entity, or any other legal entity. (b) "Purple loosestrife" means a nonnative member of the genus Lythrum, or hybrid of that genus. (2) Except as otherwise…

Sec. 17. (1) A person shall not sell within this state any nursery stock unless the nursery stock has been inspected and a certificate issued by the director stating that the nursery stock has been inspected and found apparently free from insect pests and plant diseases. However,…

Sec. 17a. (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 …

Sec. 18. (a) All injurious insect pests and plant diseases which are liable to spread to other plants, plant products or places to the injury thereof, or to the injury of man and animals, and all trees, shrubs, vines, fruit plants, cuttings, scions, grafts, plants and plant parts…

Sec. 19. It shall be unlawful for any person or persons, firm or corporation to keep upon their premises or upon any premises under their control or charge any barberry, mahonia or mahoberberis bushes, which are subject to the attack of black stem rust of small grains. If the com…

Sec. 19a. (1) A person, firm, association, corporation, or partnership shall not keep upon premises owned or under the control of the person, firm, association, corporation, or partnership a chokecherry, prunus virginiana, which, in the judgment of the director, would be harmful …

Sec. 20. (1) If the director shall determine that any species or variety of tree, shrub, vine or other plant growing within this state is a host plant nuisance as defined in section 18, and if in the judgment of the director such species or variety of plant should be eradicated f…

Sec. 21. Any municipality, park board, or other board or person in control of public grounds may apply to the commissioner of agriculture for an inspection of the same with reference to the presence of insect pests or plant diseases; and upon receipt of such application, or as so…

Sec. 22. A person that wishes to ship plants or plant products into another state or country may request that the director inspect the plants or plant products for insect pests or diseases or other factors likely to prevent the acceptance of the plants or plant products in that s…

Sec. 23. The commissioner of agriculture when he shall find that there exists in any other state, territory, or district, or part thereof any dangerous plant disease or insect infestation with reference to which the secretary of agriculture of the United States has not determined…

Sec. 23a. The director may promulgate rules to implement this act pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.315 of the Michigan Compiled Laws.

Sec. 23b. R 285.607, R 285.611, R 285.613, and R 285.618 of the Michigan administrative code are rescinded.

Sec. 24. Any person, firm, partnership, association or corporation violating any of the provisions of this act or of any quarantine, or rules or regulations supplemental thereto, issued by the commissioner of agriculture in pursuance of this section shall be deemed guilty of a mi…

Sec. 25. Any person, firm, partnership, association or corporation affected by any rule, regulation or order made or served pursuant to this act may have a review of the same by the commissioner of agriculture and from his decision may appeal to the circuit court for the purpose …

Sec. 26. Any person, firm, partnership, association or corporation who shall violate any of the provisions of this act with reference to the sale, shipment, transportation, receipt or delivery of nursery stock without inspection or certificate, or with reference to treatment of n…

Sec. 28. (1) A person, other than a person who is required to be licensed under this act, who violates section 20 or an order issued under section 20 is responsible for a state civil infraction and shall be fined not more than $1,000.00 plus expenses incurred by the department in…