TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 23

NURSERIES AND FLORISTS

22-2317.  Knowingly selling, advertising, or displaying damaged, misrepresented, or mislabeled nursery or florist stock prohibited. (1) No person shall knowingly offer to sell, advertise, or display nursery or florist stock:

(a)  That is dead, in a dying condition, seriously broken, desiccated, frozen or damaged by freezing, or materially damaged in any way;

(b)  By any methods which have the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, name, age, variety, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth, or time required before flowering or fruiting, price, origin, or place where grown, or in any other material respect;

(c)  That fails to meet the grade with which it is labeled;

(d)  By making other false or fraudulent representations in connection with the sale of nursery or florist stock.

History:

[(22-2317) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 17, p. 312.]