May 11, 2006, Introduced by Reps. Stahl, Walker, Meyer and Nitz and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1931 PA 189, entitled
"The insect pest and plant disease act,"
by amending section 2 (MCL 286.202).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Insect pests" means insects or other invertebrates
injurious to plants and plant products.
(b) "Plant diseases" means fungi, bacteria, nematodes, and
viruses, injurious to plants and plant products, and the
pathological condition in plants and plant products caused by
fungi, bacteria, nematodes, and viruses.
(c) "Plants" and "plant products" means trees, shrubs, vines,
fruit,
forage and cereal plants, and all other plants; ,
cuttings, grafts, scions, buds and all other parts of plants; and
fruit, vegetables, roots, bulbs, seeds, wood, lumber and all other
plant products.
(d) "Nursery stock" means all botanically classified hardy
perennial or biennial trees, shrubs, vines, and plants, either
domesticated
or wild; , cuttings, grafts, scions, buds, bulbs,
rhizomes,
or roots thereof; , fruit pits;
also and other
such
plants
and plant parts for, or capable of, propagation. ,
excepting
Nursery stock does not
include field, vegetable, and
or
flower seeds, corms, and
or tubers.
(e) "Nursery" means any grounds or premises on or in which
nursery stock is propagated, grown, or cultivated for the purpose
of distributing or selling same as a business.
(f) "Nurseryman" means any person, firm, partnership,
association, or corporation owning, leasing, managing, or in charge
of a nursery.
(g) "Plant grower" or "plant dealer" means any person, firm,
partnership, association, or corporation growing or offering for
sale herbaceous perennials, or biennial nursery stock, small fruit
plants, or asparagus or rhubarb roots.
(h) "Nursery dealer" means any person, firm, partnership,
association, or corporation not a grower or an original producer of
nursery stock in this state, who buys nursery stock for the purpose
of reselling or reshipping independently of the control of any
nurseryman ,
or other nursery dealer or who is engaged with a
nurseryman or dealer in handling nursery stock on a consignment
basis.
(i) "Agent" means any person who solicits, takes orders, or
sells nursery stock in this state for a nurseryman, dealer, or
grower of nursery stock, but not on the premises or place of
business.
(j) "Places" means vessels, cars and other vehicles,
buildings, docks, nurseries, orchards, and other premises where
plants and plant products are grown, kept, or handled.
(k) "Property" means real estate, personal property, and any
thing or substance connected therewith, with or without value.
(l) "Commissioner of agriculture" or "director" means the
director
of the department. of agriculture.
(m) "Department", unless the context indicates otherwise,
means the department of agriculture. However, as used in section
28(3) with respect to a violation of section 23 or a rule
promulgated or regulation issued under section 23, department means
the department of agriculture or the department of natural
resources, whichever is enforcing the quarantine.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6056(request no.
06711'06) of the 93rd Legislature is enacted into law.