130th Ohio General Assembly
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S. B. No. 135  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 135


Senator Amstutz 

Cosponsors: Senators Carey, Gardner, Schaffer, Schuler, Schuring, Spada 



A BILL
To amend sections 927.55 and 927.61 of the Revised Code to exempt from license fees a person who is not a nurseryman, dealer, or collector and who makes no more than $1,000 in sales of nursery stock during a calendar year and to exempt from nursery stock inspection and certification a person who is not a nurseryman, dealer, or collector and who makes no more than $500 in sales of nursery stock during a calendar year.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 927.55 and 927.61 of the Revised Code be amended to read as follows:
Sec. 927.55.  The fees required by section 927.53 of the Revised Code do not apply to:
(A) A person who produces for sale either within this state or within any state in which such plants and parts do not require a certificate of inspection as a condition of entry, only nonhardy plants and plant parts, vegetable plants, herbs, or forced floral plants, of whatever nature, while in bloom;
(B) A person who is not a nurseryman, dealer, or collector, and who makes no more than two hundred one thousand dollars in sales of nursery stock during a calendar year;
(C) Any public or private arboretum operated not for profit, which exchanges inspected nursery stock in limited quantities for experimental or permanent arboretum plantings.
Sec. 927.61.  (A) The director of agriculture shall issue to each nurseryman, after the stock in his that person's nursery has been officially inspected and found to be apparently free from injurious or harmful pests and after payment of the fees required by section 927.53 of the Revised Code, a certificate setting forth the fact of such inspection. The certificate is valid not to exceed one year from the first day of January following the filing of the application provided for in section 927.60 of the Revised Code.
(B) No Except as provided in division (C) of this section, no person shall sell, offer for sale, or remove or ship from a nursery or other premises, any nursery stock unless such stock has been officially inspected and a valid certificate has been issued by the director.
(C) Division (B) of this section does not apply to a person who is not a nurseryman, dealer, or collector, and who makes no more than five hundred dollars in sales of nursery stock during a calendar year.
Section 2. That existing sections 927.55 and 927.61 of the Revised Code are hereby repealed.
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