South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 12 - PLANT NURSERY REGULATIONS › Section 27-160 - Plant Nursery Regulation

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Definitions
(1) Application: The process of
			 notifying the Department of Plant Industry that certification is needed and
			 fulfilling all other Department requirements associated therewith.
(2) Certification: The successful completion
			 of the Application, Inspection, and Registration processes by the Nursery
			 Grower or Nursery Dealer as required by the Department in order to obtain a
			 Nursery Grower or Nursery Dealer Certificate.
(3) Department: The Department of Plant
			 Industry (DPI).
(4) Director: The
			 Director, Regulatory and Public Service Programs, Clemson University.
(5) Greenhouse: A building, room, or area,
			 where the temperature and/or climate is maintained and is used for growing,
			 propagating and/or maintaining nursery stock for sale.
(6) Infestation: The presence of any plant
			 pests which is regarded as injurious or noxious.
(7) Inspector: Any authorized employee or
			 agent of the State Crop Pest Commission or any other person authorized by the
			 Director to enforce the provisions of these regulations.
(8) Inspection: The physical observation by
			 the Department of Plant Industry to verify freedom of plant pests, condition of
			 general environment, and compliance with all relevant State and Federal
			 regulations and/or laws.
(9)
			 Location: Any place where nursery stock is grown, collected or
			 distributed.
(10) Nursery: Any
			 place where nursery stock is either grown for sale or distributed.
(11) Nursery Certificate Tag: A document
			 issued by the Department which accompanies individual shipments of Nursery
			 Stock and declares apparent freedom from major plant pests and compliance with
			 all relevant state and federal quarantines.
(12) Nursery Grower: Any person who grows
			 Nursery Stock for sale or distribution.
(13) Nursery Grower Certificate: A document
			 issued by the Department or the equivalent agency of another state, declaring
			 that the Nursery Stock grown for sale or distribution and the Person named on
			 the document have met all requirements of the Nursery Grower Certification
			 Process.
(14) Nursery Grower
			 Hobbyist: Any Nursery Grower who has less than $5,000 in gross annual sales.
			 Hobbyists are exempt from registration fees.
(15) Nursery Dealer: Any person not a Nursery
			 Grower who buys Nursery Stock for resale and any Nurseryman who operates a
			 sales lot separately from his nursery.
(16) Nursery Dealer Certificate: A document
			 issued by the Department, or the equivalent agency of another state, declaring
			 that the Nursery Stock being sold and the Person named on the document have met
			 all requirements of the Nursery Dealer Certification Process.
(17) Nursery Dealer Hobbyist: Any Nursery
			 Dealer having less than $10,000 in gross annual sales. Hobbyists are exempt
			 from registration fees.
(18)
			 Nurseryman: Any Person engaged in the production or collection of nursery stock
			 for sale or distribution.
(19)
			 Nursery Stock: All trees (fruit, nut, shade and ornamental), ornamental plants,
			 turfgrass, bush fruits, buds, grafts, scions, vines, roots, bulbs, seedlings,
			 slips, tissue culture or other portions of plants (excluding true seeds) grown,
			 collected or kept for propagation, sale or distribution. Also includes any
			 other plant or plant part included by the Director, if regulating its movement
			 is necessary to control any plant pest.
(20) Person: Individual, firm, corporation,
			 partnership, association, state and federal agencies, schools, groups, or
			 organizations.
(21) Plant Pest: Any
			 living stage of insects, mites, nematodes, slugs, animals, protozoa, snails or
			 other invertebrate animals, bacteria, weeds, fungi, other parasite plants or
			 their reproductive parts, or viruses, or organisms similar to or allied with
			 the foregoing, including genetically engineered organisms or infectious
			 substances which directly or indirectly may injure or cause disease or damage
			 in plants or their parts or processed, manufactured, or other products of
			 plants, and which may be a serious agricultural threat to the State, as
			 determined by the Director.
(22)
			 Quarantine: Limitations by the Department on the free movement of plant pests,
			 animals, plants, equipment, machinery, goods, genetically engineered organisms,
			 or means of transportation, or all of the foregoing, considered by the
			 Department to be reasonably necessary to prevent the spread of a plant
			 pest.
(23) Registration: The
			 determination of the regulated fee schedule category and the collection of
			 applicable fees by the Department.
(24) Turfgrass: The top layer of earth
			 comprised of grass leaf blades, stolons, thatch, and roots grown for commercial
			 harvesting and sale as sod, sprigs, or any other part thereof, excluding
			 seed.