§ 433:32 — Prohibitions; Penalties

I. The following actions are prohibited:
(a) Selling, distributing, receiving, or delivering nursery stock which has not been licensed or certified.
(b) Using a nursery or plant dealer license after it has been revoked or suspended or has expired.
(c) Offering any hindrance or resistance to the carrying out of the provisions of this subdivision.
(d) Knowingly permitting any plant pest declared a public nuisance to exist on his or her premises or selling, offering for sale, giving away or moving any plants, plant products, or other material capable of harboring the pest.
II. Any person or employee or agent of that person, who violates any provision of this subdivision or rule adopted under this subdivision, shall be guilty of a violation. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
III. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
IV. Any person who violates any provision of this subdivision or any rule or order of the commissioner shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.

Legislative History

1985, 33:1, eff. July 1, 1985. 2002, 7:10, eff. Mar. 12, 2002.