80-7-133. Acts made unlawful -- penalty. (1) It is unlawful for a firm, nursery, plant dealer, or small plant vendor to:
     (a) fail to properly identify nursery stock offered for sale. Identification must include but is not limited to the scientific name, common name, and variety, except with regard to mixed annual plantings. Each nursery plant offered for sale as a separate plant must be identified. A single means of identification is allowed on each bundle of bare root seedlings, liners, or hedging grade nursery stock.
     (b) falsely represent or misrepresent the name, age, variety, or class of any nursery stock sold or offered for sale;
     (c) falsely represent or state that any nursery stock offered for sale, sold, or delivered was grown in a certain location, when in fact the nursery stock was grown in another location;
     (d) deceive or defraud any firm in the sale of any nursery stock by substituting inferior or different varieties or ages from those ordered;
     (e) bring into this state, offer for sale or distribution within this state, or ship, sell, or deliver upon any sale any nursery stock that is infected or infested with a plant pest dangerous to the horticultural interests of the state or that violates any federal or state quarantine; or
     (f) sell or distribute nursery stock, cut decorative plants, or aquatic plants declared to be noxious weeds as defined in 7-22-2101.
     (2) In case of misrepresentation, false representation, deceit, fraud, substitution, or sale and distribution of noxious weeds, the firm, nursery, plant dealer, or small plant vendor is subject to punishment as provided in 80-7-135 and is liable to a party damaged or injured to the extent of all damages sustained, which may be recovered in a civil action in any court of competent jurisdiction.

     History: En. Sec. 4, Ch. 220, L. 1943; amd. Sec. 15, Ch. 13, L. 1977; R.C.M. 1947, 3-1215; amd. Sec. 11, Ch. 551, L. 1993; amd. Sec. 21, Ch. 407, L. 2001; amd. Sec. 8, Ch. 384, L. 2007; amd. Sec. 7, Ch. 384, L. 2009.