.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Broker" means a person, except a nurseryman or dealer, who solicits, takes orders, sells, or distributes nursery stock.

(2) Dealer.

(a) "Dealer" means a person, except a nurseryman or broker, who:

(i) Advertises nursery stock for sale or installation; or

(ii) Buys, collects, or otherwise acquires wild plants or nursery stock for the purpose of selling, planting, or distributing them.

(b) "Dealer" does not include a person who acquires plants for personal use.

(3) "Department" means the Maryland Department of Agriculture.

(4) "Inspection" means the physical or visual examination of nursery stock or other plant materials and its environs.

(5) "Inspector" means an employee of the Department designated to enforce these regulations.

(6) "Location" means each place from which nursery stock is sold, offered for sale, or distributed.

(7) "Nursery" means a place where nursery stock is produced for sale or distribution.

(8) "Nursery Inspection Certificate (NIC)" means a certificate issued by the Department to a designated nursery.

(9) "Nurseryman" means a person engaged in the production of nursery stock for sale or distribution.

(10) "Nursery stock" means:

(a) Any hardy plant or plant that survives Maryland winters, including a deciduous or evergreen tree, shrub or woody vine whether cultivated, native, or wild, and all viable parts of the plant;

(b) Any nonhardy plant or plant part to be distributed in another state that requires plant inspection and certification before entering that state; and

(c) Any other plant included by the Secretary, if regulating its movement is necessary to control any dangerously injurious plant pest.

(11) "Person" means an individual, partnership, corporation, association, organized group of persons, or any other legal entity.

(12) "Plant Broker License (PBL)" means a license issued by the Department to any persons designated as a broker.

(13) "Plant Dealer License (PDL)" means a license issued by the Department to any persons designated as a dealer.

(14) "Plant pest" means any insect, snail, nematode, fungus, virus, bacteria, weed, or any other form of terrestrial or aquatic plant or microorganism which is normally considered to be a plant pest or which the Secretary declares to be a plant pest.

(15) "Secretary" means the Secretary of Agriculture or his designee.

(16) "State of origin" means the state where nursery stock was produced or maintained during the previous growing season.