Nursery Licensing Frequently Asked Questions The Michigan ...

Nursery Licensing Frequently Asked QuestionsThe Michigan Legislature recently amended several sections of the Insect Pests and Plant Disease Act.The following are Frequently Asked Questions which may help gain an understanding of how thesechanges affect nursery business operations in Michigan.Q1: I heard that there is a new $35 dealer license. What do I need to do to qualify for that license?A1: If you purchase and resell (or install as a landscaper) only Michigan-grown nursery stock, then youmay qualify for new Registered Nursery Dealer category. Note, however, that you cannot sell spring andfall-planted bulbs unless those are also grown in Michigan. See Q2 for what qualifies as Michigan-grownstock.Q2: What does Michigan-grown mean?A2: For the purposes of the Registered Nursery Dealer category, Michigan-grown nursery stock includesall nursery stock grown exclusively within the state; and, any stock from other states or countries whichhas been held in Michigan through one growing cycle and/or has undergone a subsequent annualinspection by MDARD.Example A: A Michigan grower purchased 2-year old trees grown in Iowa in 2010, has grownthem out at her Michigan nursery since then and will be selling the trees to dealers in 2012.They were inspected by MDARD in 2011. These trees are considered Michigan-grown.Example B: A grower purchased 5-year old holly bushes grown in Oregon in April 2012.These trees will not be considered Michigan-grown until after the firm receives its MDARD2012 annual inspection.Q3: Are spring and fall-planted bulbs considered nursery stock?A3: Yes. Under Michigan law, nursery stock includes any winter-hardy plants, such as trees, shrubs andvines, as well as bulbs, berry plants, perennials, mums, asparagus crowns, rhubarb crowns and hardy herbplants. Annual bedding plants, cut flowers, cut Christmas trees and cut herbs are excluded from nurserylicensing requirements.Q4:. How do I know if the stock that I buy on a wholesale basis from a firm in Michigan is consideredMichigan-grown? Don’t many Michigan wholesalers buy stock from several states including Michigan?A4: Be sure to ask your wholesaler about the source of stock. Firms or individuals obtaining a licenseare responsible for obtaining the correct license. MDARD recommends obtaining a Nursery Stock Dealerlicense when the origin of the nursery stock is unknown or in doubt.Q5: Will Registered Nursery Dealers be inspected?A5: MDARD will conduct random inspections of Registered Nursery Dealers to assure that they are incompliance with the licensing criteria.Q6: I have heard that there is a new record-keeping requirement. Do all firms have to do this?A6: Yes. All growers and dealers including Registered Nursery Dealers, who purchase stock are requiredto keep copies of shipping documents, including certificates of inspection, for a period of 36 months afterthe date of receipt. Growers and dealers who sell to wholesale customers are also required to keeprecords of those sales for 36 months.Q7: Can I apply for the Registered Nursery Dealer license online?A7: Yes. You may apply for any type of nursery license online through Michigan Business One Stop athttp://www.michigan.gov/business. Add the Nursery/Plant Dealer (New) task when you arrive at yourMy Workspace. Most applicants who apply and pay online receive an eCredential immediately throughOne Stop.

Q8: I also sell at my local farmers market. Do I need an additional Registered Nursery Dealer Marketlicense?A8: There is also a Registered Nursery Dealer Market license if you are selling from more than onelocation. You may apply for any type of nursery license online through Michigan Business One Stop athttp://www.michigan.gov/business. Add the Nursery/Plant Dealer (New) task when you arrive at yourMy Workspace. Most applicants who apply and pay online receive an eCredential immediately throughOne Stop.Q9: I have a Nursery Stock Dealer license now; however, with the changes in the law, I qualify for theRegistered Nursery Dealer category. What do I need to do to change over license types?A9: If you have already renewed your Nursery Stock Dealer for 2012 (expiring 10/31/2012), yourrenewal packet for obtaining a 2013 license will include instructions for how to obtain the new license ifyou qualify.If you have not yet renewed your dealer license that expired 10/31/2011 and you qualify for the newlicense, apply online through Michigan Business One Stop at http://www.michigan.gov/business. Addthe Nursery/Plant Dealer (New) task when you arrive at your My Workspace. Note: As a courtesy,MDARD requests that you also mail the renewal application back to MDARD to cancel your existingdealer license; please mark the box “No longer in business” and add the words: Applying for registereddealer license.Q10: I buy and resell nursery stock that I get from sources in Michigan and some from outside ofMichigan. What type of nursery license do I need?A10:. You will need to obtain a Nursery Stock Dealer license.Q11:. I have heard that MDARD will be inspecting Nursery Stock Dealer firms. Is this true?A11:. Yes. The recent changes to the law prescribe that MDARD inspect the Nursery Stock Dealerfirms.Q12:. Will the Nursery Stock Dealer firms be inspected each year like growers are inspected?A12:. The amended law says Nursery Stock Dealers should be inspected no less than every other year.Q13:. How much will a Dealer inspection cost?A13:. The inspection fee will be based on the current hourly rate which is $55 per hour (1 hourminimum). The length of the inspection will be dependent on the amount of stock present to inspect andthe number of records to be reviewed.Q14: Q: I am a landscaper who buys stock to install on my customer’s property. Which license should Iget?A14: If you purchase any stock that does not qualify as Michigan-grown (Q2), then you would need topurchase the Nursery Stock Dealer license ($100). If 100% of the stock you purchase qualifies asMichigan-grown (Q2), then you would qualify for the Registered Nursery Dealer license ($35).For example, if you purchase all of your B&B maples and oaks from a Michigan-grower but alsopurchase container-grown evergreens that were brought in from the Pacific Northwest, you would need toobtain the Nursery Stock Dealer license ($100). If there is any possibility that you will need to purchasestock that wasn’t grown and inspected in Michigan, MDARD recommends that you obtain the NurseryStock Dealer license ($100) in order to minimize the likelihood of potential regulatory enforcementaction.Note: Regardless of which license type you obtain, you would have the same recordkeeping requirements(Q6).