New Mexico § 76-5-12 - Definitions

§ 76-5-12. Definitions

As used in the Plant Protection Act: A. “ board ” means the board of regents of New Mexico state university, the board controlling

the New Mexico department of agriculture; B. “ plant pests ” or “ pests ” means any organisms injurious to plants and plant products that in the normal course

of events could be transported with the plant, including but not limited to the phyla

arthropoda, mollusca or nematoda as well as weeds, fungi, bacteria, viruses or parasitic

plants that cause pathological or detrimental physiological conditions in plants; C. “ nursery stock ” means any plant grown, propagated or collected for planting or propagated for landscaping

or decorative purposes but does not include field, vegetable and flower seeds; D. “ florist stock ” means any parts of a plant used for decorative purposes, such as cut flowers, evergreens,

annuals or perennials; E. “ nursery ” means any ground or premises on or in which nursery stock is propagated, grown or

cultivated and from which source nursery stock is offered for distribution or sale; F. “ dealer ” means any person who buys and resells nursery or florist stock, or who is engaged

in handling nursery or florist stock on a consignment basis, when the stock was not

grown on the person's premises; G. “ agent ” means any person selling or taking orders for nursery or florist stock not sold

from any stock on hand for display purposes and is being offered directly to the consumer; H. “ facilities ” means all buildings, greenhouses, vehicles, storage places, cellars, pits, trenches,

bins, containers, packing material, crates and any other facilities and materials

used in storing and distributing nursery or florist stock; I. “ collected plants ” means those plants dug or gathered from any location in which plants are found growing

wild; J. “ inspector ” means any qualified person employed by the department to carry out the provisions

of the Plant Protection Act; K. “ landscaper ” means any person who buys and resells, in connection with the person's design services,

plants used in landscaping; L. “ plant ” means any part of any living thing not classified as an animal, which under the

proper conditions can either continue to or resume growing; M. “ stock ” means nursery or florist stock or both; N. “ department ” means the New Mexico department of agriculture; O. “ package ” means any bundle, parcel, box, carton, crate or container used in shipping or displaying

nursery or florist stock; and P. “ license year ” means a period of twelve months ending on a date specified by the board.