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Laws and Regulations

Keep up to date on what’s happening in Washington, D.C.

Idaho State Nursery & Florist License

The legislature and the Idaho nursery and florist industry found that the propagation and raising of nursery and florist stock is an agricultural pursuit that should be regulated and assisted by the Department of Agriculture to provide a high-quality and pest-free product to the citizens of Idaho and Idaho’s external trading partners.

Anyone who engages in, conducts, or carries on the business of propagating, growing, selling, dealing in, or importing into Idaho, for sale or distribution, any nursery or florist stock, or engages in the installation of landscape plants, or acts as an agent, salesman, or solicitor for any nurseryman, florist, landscape contractor, or dealer in nursery or florist stock must first obtain a license to do so from the Idaho State Department of Agriculture (ISDA).

Note: This license does not include Landscape Architects. To obtain information about a Landscape Architect license, please contact the Bureau of Occupational Licenses at (208) 334-3233 or visit their webpage.

idaho state department of agriculture

Shipping Regulations for Growers

Navigating through the shipping regulations for horticulture businesses can be a nightmare. Please click the link below for access to the regulations according to all 50 states in the US.

The National Plant Board

Contractor Registration

Beginning January 1, 2006, all landscape contractors performing work, as development or improvement to real property, in an amount that exceeds $2,000, will be required to register with the State of Idaho Bureau of Occupational Licenses.

In Idaho there was no requirement to become a landscape contractor. Legally, anyone could do it as long as they obtained an Idaho Nursery and Floral License which allows the person to sell plant material. The State of Idaho had no way to stop a bad or dishonest landscaper. This registration act may not actually have the ability to stop this kind of work, but at least there will be a place that homeowners can go to and check to see that the business is registered.

A landscape contractor that doesn’t pay puts a heavy burden on his suppliers or subcontractors who have unpaid bills, which in turn, exposes the homeowner to liens and foreclosure actions. As often happens, an unprincipled landscaper can change the name of his business as a ‘shell game’ and stay one step ahead of homeowners and creditors. Because there was no registration system, Idaho became a safe-haven for landscape contractors who have been kicked out of their home state where there were such laws.

The Contractor Registration Law requires the landscape contractor to make a statement under oath that they have never had their registration revoked or suspended in Idaho or any other state. It requires proof that the landscape contractor has Worker’s Compensation Insurance and general liability insurance. The registration fee will be set by the Idaho Contractor’s Board, but can not exceed $150 per year.

This legislation will only apply to true contractors and subcontractors. It exempts volunteers, suppliers, employees, farmers, ranchers, projects less than $2,000, and private landowners doing work on their own property. It would allow the state to revoke or suspend the registration of a contractor who violates the consumer protection act, engages in dishonest or dishonorable dealings, makes material misrepresentations of fact, or who recklessly or with gross negligence performs construction. The registration does not apply to persons who only furnish materials, supplies or equipment without installation.

For information go to the Idaho Bureau of Occupational Licenses, please follow this link.

 

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