2005 Idaho Code - 22-2305 — LICENSE REQUIRED -- SCHEDULE OF FEES

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 23
                            NURSERIES AND FLORISTS
    22-2305.  LICENSE REQUIRED -- SCHEDULE OF FEES. (1) It shall be unlawful
for any person to engage in, conduct, or carry on the business of propagating,
growing, selling, dealing in, or importing into this state, for sale or
distribution, any nursery or florist stock, or to engage in landscape
designing, or to act as agent, salesman, or solicitor for any nurseryman,
florist, landscape contractor, or dealer in nursery or florist stock without
first obtaining a license to do so from the Idaho department of agriculture,
and it shall be unlawful for any person to falsely represent that he is the
agent, salesman, solicitor, or representative of any nurseryman, florist,
landscape contractor, or dealer in nursery or florist stock.
    (2)  The provisions of this chapter shall not apply to the sale of plants,
shrubs, scions, or florist stock by any person not regularly engaged in that
business when said sales are only incident to the seller's farming or
gardening operations and the total amount of gross annual sales by such seller
does not exceed five hundred dollars ($500). The department shall have the
authority to inspect any nursery or florist stock in the possession of any
person exempted by this subsection, when it has reason to believe that there
may be a pest concern or quarantine violation.
    (3)  Every nurseryman or florist, landscape contractor, dealer, or
importer of nursery or florist stock, or collector of native plants for sale
shall make application for a license therefor to the Idaho department of
agriculture upon a form to be prescribed and furnished by said department, pay
to said department the license fee as provided in subsection (4) of this
section. No license shall be issued until the applicant therefor shall have
paid the fee hereinafter provided.
    (4)  Nurseries required to be licensed shall consist of nurserymen,
florists, dealers, landscape contractors, and importers of nursery or florist
stock, and collectors of native plants for sale, and they shall pay a license
fee of seventy-five dollars ($75.00) for their principal place of business.
Nurseries with more than one (1) retail outlet shall identify the number and
location of such additional outlets on the license application and pay an
additional seventy-five dollars ($75.00) for each such additional outlet. The
license number shall be prominently displayed in each outlet. Should the
holder of a nursery license add one (1) or more outlets during the license
year, the department must be notified and the seventy-five dollar ($75.00)
surcharge for each such outlet paid immediately.
    (5)  Dealers shall keep accurate records of their sales and transactions
involving nursery or florist stock and shall produce the same at any time when
so required by the Idaho department of agriculture. At any hearing in which
the amount of license fee to be paid by any person is involved or any
questions as to such person's claim for exemption from the  provisions of this
chapter, such person shall have the burden of proof to establish his claim.
    (6)  A license fee for an agent as defined in section 22-2302, Idaho Code,
is twenty-five dollars ($25.00) per annum for each principal that the agent
represents. Agents soliciting sales only from persons licensed under this
chapter shall be exempt from licensing fees.
    (7)  The fees for nursery or florist stock inspection and special services
performed for persons not required to be licensed shall be as provided in
rules promulgated by the director.