Delaware § 1302 - Nursery licensing requirements.

§ 1302. Nursery licensing requirements.

(a) Any person, grower, agent, broker, dealer, mail-order merchant, commission merchant, consignor, landscaper, florist, greenhouse operator, chain store operator, garden center operator, roadside market operator, producer, or owner engaged directly with the distribution of plants, plant products, plant material, nursery stock, or horticultural products, is required to inform the Department of the existence of their operation and to obtain a nursery license before initiating business operations.

(b) A person required to comply with subsection (a) of this section shall obtain a nursery license for each of the person’s business, sales, or retail locations where multiple business, sales, or retail locations exist.

(c) The aforementioned person or persons are required to renew their nursery license prior to January 1 each year that they remain in operation. Nursery licenses issued by the Department shall be valid for a period of 1 year, beginning January 1 and ending December 31 of the same year.

(d) A person required to comply with subsection (a) of this section must complete the nursery license application (NLA) online. The Department shall make accommodations if internet access is not available. The NLA must include, as applicable, the following:

(1) Name of the owner or agent of the business to be licensed.

(2) Name and address of the business to be licensed.

(3) Location of all plant, plant material, or nursery stock fields or storage areas.

(4) The number of acres in plant or nursery stock production or the square footage of the sales area devoted to plants, plant material, or nursery stock.

(5) A list that includes the names, addresses, and plants or plant material received from all suppliers, producers, or growers providing plants or nursery stock to the business. On request of the Department an updated list or invoices must be provided for the current year.

(6) Addresses of all sales locations.

(e) Licenses issued by the Department must be prominently displayed at the business location.

21 Del. Laws, c. 216, §  9;  Code 1915, §  658;  Code 1935, §  576;  3 Del. C. 1953, §  1301;  57 Del. Laws, c. 764, §  5;  65 Del. Laws, c. 491, §  1;  68 Del. Laws, c. 329, §§  3-5;  70 Del. Laws, c. 332, §  1;  77 Del. Laws, c. 358, §§  1, 2;  84 Del. Laws, c. 244, § 2;  85 Del. Laws, c. 68, § 3;