South Carolina Code of Regulations
Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION
Article 12 - PLANT NURSERY REGULATIONS
Section 27-160 - Plant Nursery Regulation

(1) Application: The process of notifying the Department of Plant Industry that certification is needed and fulfilling all other Department requirements associated therewith.

(2) Certification: The successful completion of the Application, Inspection, and Registration processes by the Nursery Grower or Nursery Dealer as required by the Department in order to obtain a Nursery Grower or Nursery Dealer Certificate.

(3) Department: The Department of Plant Industry (DPI).

(4) Director: The Director, Regulatory and Public Service Programs, Clemson University.

(5) Greenhouse: A building, room, or area, where the temperature and/or climate is maintained and is used for growing, propagating and/or maintaining nursery stock for sale.

(6) Infestation: The presence of any plant pests which is regarded as injurious or noxious.

(7) Inspector: Any authorized employee or agent of the State Crop Pest Commission or any other person authorized by the Director to enforce the provisions of these regulations.

(8) Inspection: The physical observation by the Department of Plant Industry to verify freedom of plant pests, condition of general environment, and compliance with all relevant State and Federal regulations and/or laws.

(9) Location: Any place where nursery stock is grown, collected or distributed.

(10) Nursery: Any place where nursery stock is either grown for sale or distributed.

(11) Nursery Certificate Tag: A document issued by the Department which accompanies individual shipments of Nursery Stock and declares apparent freedom from major plant pests and compliance with all relevant state and federal quarantines.

(12) Nursery Grower: Any person who grows Nursery Stock for sale or distribution.

(13) Nursery Grower Certificate: A document issued by the Department or the equivalent agency of another state, declaring that the Nursery Stock grown for sale or distribution and the Person named on the document have met all requirements of the Nursery Grower Certification Process.

(14) Nursery Grower Hobbyist: Any Nursery Grower who has less than $5,000 in gross annual sales. Hobbyists are exempt from registration fees.

(15) Nursery Dealer: Any person not a Nursery Grower who buys Nursery Stock for resale and any Nurseryman who operates a sales lot separately from his nursery.

(16) Nursery Dealer Certificate: A document issued by the Department, or the equivalent agency of another state, declaring that the Nursery Stock being sold and the Person named on the document have met all requirements of the Nursery Dealer Certification Process.

(17) Nursery Dealer Hobbyist: Any Nursery Dealer having less than $10,000 in gross annual sales. Hobbyists are exempt from registration fees.

(18) Nurseryman: Any Person engaged in the production or collection of nursery stock for sale or distribution.

(19) Nursery Stock: All trees (fruit, nut, shade and ornamental), ornamental plants, turfgrass, bush fruits, buds, grafts, scions, vines, roots, bulbs, seedlings, slips, tissue culture or other portions of plants (excluding true seeds) grown, collected or kept for propagation, sale or distribution. Also includes any other plant or plant part included by the Director, if regulating its movement is necessary to control any plant pest.

(20) Person: Individual, firm, corporation, partnership, association, state and federal agencies, schools, groups, or organizations.

(21) Plant Pest: Any living stage of insects, mites, nematodes, slugs, animals, protozoa, snails or other invertebrate animals, bacteria, weeds, fungi, other parasite plants or their reproductive parts, or viruses, or organisms similar to or allied with the foregoing, including genetically engineered organisms or infectious substances which directly or indirectly may injure or cause disease or damage in plants or their parts or processed, manufactured, or other products of plants, and which may be a serious agricultural threat to the State, as determined by the Director.

(22) Quarantine: Limitations by the Department on the free movement of plant pests, animals, plants, equipment, machinery, goods, genetically engineered organisms, or means of transportation, or all of the foregoing, considered by the Department to be reasonably necessary to prevent the spread of a plant pest.

(23) Registration: The determination of the regulated fee schedule category and the collection of applicable fees by the Department.

(24) Turfgrass: The top layer of earth comprised of grass leaf blades, stolons, thatch, and roots grown for commercial harvesting and sale as sod, sprigs, or any other part thereof, excluding seed.