§ 2-21-102 — Definitions

As used in this chapter, unless the context otherwise requires: (1) "Agent" means any person not selling nursery stock under the partial or full control of a nurseryman or of a dealer or other agent. This term shall also apply to any person engaged with a nurseryman, dealer, or agent in handling nursery stock on a cooperative basis; (2) "Dealer" means any person, not a grower of nursery stock, who buys nursery stock for the purpose of reselling and reshipping independently of any control of a nursery; (3) "Nursery" means any grounds or premises on or in which nursery stock is propagated and grown for sale, or any grounds or premises on or in which nursery stock is being fumigated, treated, packed, or stored; (4) "Nurseryman" means the person who owns, leases, manages, or is in charge of a nursery; (5) "Nursery stock" means all field-grown florist stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruitpits, and other seeds of fruit and ornamental trees and shrubs and other plants and plant products for propagation, except field, vegetable, and flower seeds; and (6) "Person" means corporations, companies, societies, associations, partnerships, or any individual or combination of individuals. When construing or enforcing the provisions of this chapter, omission or failure of any officer, agent, servant, or other individual acting for or employed by any person, as defined within the scope of his or her employment or office, shall, in every case, be also deemed to be the act, omission, or failure of that person as well as that of the individual himself or herself.

Legislative History

Acts 1919, No. 683, § 2; C. & M. Dig., § 8003; Pope's Dig., § 12328; A.S.A. 1947, § 77-402.