80-7-133. Acts made unlawful -- penalty. (1) It is unlawful for a firm to:
     (a) fail to properly identify nursery stock offered for sale at retail. Identification must include but is not limited to the common name and variety. 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 or came from a certain nursery or locality, when in fact the nursery stock was grown in or came from another location or nursery;
     (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) willfully or intentionally 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
     (f) sell or distribute nursery stock or cut decorative or aquarium plants declared to be noxious weeds as defined in 7-22-2101(8)(a)(i).
     (2) In case of misrepresentation, false representation, deceit, fraud, substitution, or sale and distribution of noxious weeds, the firm 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, to 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.