Texas Agriculture Code
§ 71.057 — NURSERY DEALERS AND AGENTS; ANNUAL REGISTRATION
AG § 71.057Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · Part B. HORTICULTURAL DISEASES AND PESTS · Ch. 71. GENERAL CONTROL · Art. B. INSPECTION OF NURSERY PRODUCTS AND FLORIST ITEMS
Statute text
View on source(a)A person who buys and sells or leases or offers for sale or lease a nursery product and who has facilities that maintain or preserve the nursery product and prevent that product from becoming dry, infested, or diseased is a nursery dealer.
(b)A person is a nursery agent if the person sells or leases, offers for sale or lease, or takes mail orders for the sale or lease of a nursery product and:
(1)is entirely under the control of a nursery grower or nursery dealer with whom the nursery product offered for sale or lease originates; or
(2)operates on a cooperative basis for handling a nursery product with a nursery grower or nursery dealer.
(c)A nursery agent shall possess proper credentials from the nursery grower or nursery dealer the agent represents or cooperates with. A nursery agent who fails to possess proper credentials is subject to this subchapter as a nursery dealer.
(d)A nursery dealer or nursery agent must register with the department under this section before offering for sale or lease or otherwise distributing a nursery product.
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Legislative history
Acts 2009, 81st Leg., R.S., Ch. 960 (H.B. 3496), Sec. 3, eff. June 19, 2009.