Requirements Of Licensees

(1) Persons subject to this chapter shall: PLANT SALES AND DISTRIBUTION CHAPTER 0080-06-01 (a) Maintain their establishment and operation in a manner necessary to show that plants in their possession are apparently free of pests, pest plants, and disease; (b) Maintain records and invoices of any plant sold, offered for sale, distributed, or held for distribution in the state within the previous three years. Such records must be sufficient to show that the plant was received from a certified source and compliant with any applicable quarantine; (c) Maintain areas where plants are being grown or kept so as to be readily accessible for inspection; (d) Provide lighting necessary for adequate inspection of all plants and areas where plants may be grown or held; (e) Provide full access to facilities, inventory, records, and invoices necessary to departmental inspection; (f) Comply with any order issued by the department for the prevention or mitigation of pests, pest plants, or disease; and, (g) Give full information as to the source of plants currently or previously held in their possession. (2) Persons subject to this chapter shall not: (a) Engage in business or activity for which a license is required under this chapter without first securing the applicable license from the department; (b) Sell, offer for sale, or move any plant in violation of the Act or this chapter; (c) Sell, offer for sale, or move any plant previously received without a valid license or certificate affirming the plant to be apparently free of pests, pest plants, and disease; (d) Move or allow movement of any plant, live organism, regulated article, or other material determined by the department to be capable of harboring pests, pest plants, or disease without first receiving a valid license, certificate, or other written authorization from the department for movement of the item; (e) Interfere with an authorized representative of the department in the performance of his duties; (f) Violate any federal or state quarantine of plants, regulated articles, or other material; (g) Violate a compliance agreement to which the department is a party; or, (h) Sell, offer for sale, move, or allow movement of any apparently infested material.