2005 Minnesota Statutes - 18H.06 — Exempt nursery sales.

     18H.06 Exempt nursery sales. 


    Subdivision 1.    Not-for-profit sales.  An organization 
 or individual may offer for sale certified nursery stock and be 
 exempt from the requirement to obtain a nursery stock dealer 
 certificate if sales are conducted by a nonprofit charitable, 
 educational, or religious organization that: 


    (1) conducts sales or distributions of certified nursery 
 stock on ten or fewer days in a calendar year; and 


    (2) uses the proceeds from its certified nursery stock 
 sales or distribution for charitable, educational, or religious 
 purposes. 


    Subd. 2.    Occasional sales.  (a) An individual may 
 offer nursery stock for sale and be exempt from the requirement 
 to obtain a nursery stock dealer certificate if: 


    (1) the gross sales of all nursery stock in a calendar year 
 do not exceed $2,000; 


    (2) all nursery stock sold or distributed by the individual 
 is intended for planting in Minnesota; 


    (3) all nursery stock purchased or procured for resale or 
 distribution was grown in Minnesota and has been certified by 
 the commissioner; and 


    (4) conducts sales or distributions of nursery stock on ten 
 or fewer days in a calendar year. 


    (b) The commissioner may prescribe the conditions of the 
 exempt nursery sales under this subdivision and may conduct 
 routine inspections of the nursery stock offered for sale. 


    HIST: 2003 c 128 art 5 s 5; 1Sp2005 c 1 art 1 s 48