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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 22NURSERY PRODUCTS AND FLORAL ITEMS
RULE §22.3Nursery/Floral Registration Classifications and Fees

(a) Registration and renewal fees are:

  (1) Class 1--$75. Includes businesses that sell, lease, or distribute, but do not grow nursery products and/or floral items, such as garden centers, grocery stores, landscape contractors, floral shops, interior decorators, and street vendors.

  (2) Class 2--$110. Includes permanently located businesses that sell, lease, or distribute, nursery products and/or floral items and have a growing area of 435,600 square feet (ten acres) or less.

  (3) Class 3--$145. Includes permanently located businesses that sell, lease, or distribute, nursery products and/or floral items and have a growing area of 435,601-871,200 square feet (in excess of ten acres to twenty acres).

  (4) Class 4--$180. Includes permanently located businesses that sell, lease, or distribute nursery products and/or floral items and have a growing area of 871,201 square feet or more (over twenty acres).

  (5) Class M--$180. Includes businesses that sell, lease, or distribute nursery products and/or floral items at temporary markets such as flea markets, arts and craft shows, plant or flower shows, or other temporary markets other than that described in subsection (c) of this section. Class M registrants must obtain an event permit for each day nursery products and/or floral items are sold. Thirty event permits are provided at no additional cost under this registration. One event permit equals one day (or any portion of a 24 hour period) at one location. Selling nursery products and/or floral items for any portion of a 24-hour period constitutes the use of one event permit. Additional event permits may be purchased in blocks of 10 permits at a cost of $50 per block. There will be no limit on the number of blocks that can be purchased.

(b) Class 1, 2, 3, and 4 certificate holders may obtain up to ten event permits at no additional cost under a registration to sell, barter, lease, or distribute nursery products and/or floral items at trade shows, garden shows, or other horticultural exhibits. Additional event permits may be purchased in blocks of ten permits at the cost of $50 per block. There will be no limit on the number of blocks that can be purchased.

(c) Neither registration with the department nor event permits are required for participation in trade shows, garden shows, or other horticultural exhibits, so long as nursery products and/or floral items are not sold, bartered, leased, or distributed from stock located on the premises of the show or exhibit.

(d) The fees provided in this section are applicable to the extent that they do not conflict with Chapter 2, Subchapter B of this title (relating to Consolidated Licenses).


Source Note: The provisions of this §22.3 adopted to be effective September 6, 1996, 21 TexReg 8098; amended to be effective February 24, 1997, 22 TexReg 1713; amended to be effective April 23, 1998, 23 TexReg 3824; amended to be effective November 15, 2002, 27 TexReg 10592; amended to be effective September 1, 2003, 28 TexReg 6813; amended to be effective September 29, 2005, 30 TexReg 6047

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