43-6-102 - Part definitions. - Tennessee Statutes

43-6-102. Part definitions.

As used in this part and the rules, regulations or orders made pursuant to this part, unless the context otherwise requires:

     (1)  “Agent” means any person soliciting orders for or selling or distributing nursery stock or other plants under the partial or full control of a nursery owner or dealer;

     (2)  “Commissioner” means the commissioner of agriculture or the commissioner's duly authorized agents;

     (3)  “Dealer” means any person not a grower of nursery stock or other plants who buys or otherwise acquires nursery stock or other plants for the purpose of reselling or otherwise distributing nursery stock or other plants independently of any control of the grower;

     (4)  “Florist” means an establishment whose primary business is the retail sale of fresh cut flowers. A florist shall not be considered a dealer; provided, that the sales of rooted plant material sold by a florist shall be those used to enhance fresh cut flower arrangements, or that are intended to be grown and maintained indoors and that are not intended to be planted in the landscape;

     (5)  “Greenhouses” means any glass house, screen house or other structure in which plants are grown, kept, or propagated for sale or distribution;

     (6)  “Insect pests” means insects or closely related organisms in any stage of development injurious to the agricultural, horticultural, silvicultural, or other interests of the state;

     (7)  “Nursery” means any grounds or premises on or in which nursery stock is grown, kept or propagated for sale or distribution;

     (8)  “Nursery farmer” means any person engaged in the practice of growing or propagating nursery stock for sale, which person shall for all statutory purposes be deemed to be a farmer;

     (9)  “Nursery stock” means all trees, shrubs, or other perennial plants or parts of trees, shrubs, or other perennial plants grown or kept for, or capable of propagation, distribution, or sale on a commercial basis;

     (10)  “Nursery worker” means all persons employed on a nursery or property used in conjunction with a nursery, for the purpose of cultivating the soil, growing and propagating the stock, or for duties necessary for the grading, fumigating, cutting, packing, and the like, of the plants on the nursery, or the property used in conjunction with the nursery and prior to their entry into channels of commerce, shall be recognized for all statutory purposes as “farm laborers”; and

     (11)  “Plant diseases” means infectious or transmissible diseases of plants, and their pathogens, including parasitic plants in any stage of development.

[Acts 1955, ch. 8, § 2; 1959, ch. 78, § 1; 1959, ch. 144, § 1; T.C.A., § 43-516; Acts 1997, ch. 70, § 2; 1998, ch. 636, § 1.]